Análisis de la eficacia del tipo penal de incumplimiento orden legítima de autoridad competente en el cantón Azogues

Abstract

This research focuses on article 282 of the COIP (by its Spanish acronym: integral organic penal code). It establishes the criminal offense of "non-compliance with legitimate decisions of the competent authority." It is based on the practices of justice operators who work in Cañar, Ecuador. At first, the importance of criminal policy and constitutional principles are explained to classify a behavior as a crime, and the doctrinal positions on disobedience to authority are analyzed. In addition, the theory of the legal right is analyzed, and there is a debate about which legal right the State seeks to protect by typifying the crime of non-compliance with decisions of a competent authority before determining if there is non-compliance with the legitimate decisions of an authority. This research has a qualitative and exploratory orientation. It is concluded that this behavior analyzed as an abstract danger can be harmful, which justifies penal intervention in circumstances in which each individual can govern his own life.