Tipificación Del Delito De Maltrato Animal En El Régimen Penal Y La Graduación De Las Penas

Content Provider	Semantic Scholar
Author	Ullauri, Cueva Efraín, Alfredo
Copyright Year	2019
Abstract	The present thesis entitled: "Tipificacion del Delito de Maltrato Animal en el Regimen Penal y la Graduacion de las Penas", is the product of the study, investigation and analysis of animal mistreatment, its typification and the search for respect for the rights to which pets and domestic animals are subject, especially, rights enshrined in the Constitution of the Republic of Ecuador, aspects of legal and social relevance for animals victims of the violation of their rights also enshrined in international instruments, because despite not being people, animals have rights that must be respected and protected by man, as a symbol of their dignity. While it is true that society is evolving, Ecuadorian internal regulations must be adjusted to the social struggles for animals, because animals suffer and feel pain, as well as their owners for reasons of affection, attachment and human kindness. This is due to the fact that animal mistreatment, in spite of its gravity and the contempt and repugnance that it provokes in society, has long been considered as only contravention, a penal type whose sanction is not proportional to the damage caused to the passive subject of this typical, illegal and guilty conduct, therefore, it does not comply with article 10, paragraph 2, of the Constitution of the Republic of Ecuador, which refers to the fact that nature shall be subject to those rights recognized by the Constitution, including its conservation and protection, in accordance with article 71, of the same legal body that states that any person, community, people or nationality may require the public authority to comply with the rights of nature. 5 The plan of this investigative work is to classify animal mistreatment as a crime and to impose penalties proportional to the harm caused by the criminal conduct that violates the right to nature, in its animal kingdom, especially pets, domestic and wild animals for the true respect of their rights as part of nature. The review of the literature in its conceptual, legal and doctrinal frameworks, as well as the application of surveys and interviews, allowed the present investigation to be carried out successfully, adding new points of view, legal considerations, resulting in truthful, clear and scientific and legal bases for the typification of the crime of animal abuse in the penal system and the graduation of penalties.
File Format	PDF HTM / HTML
Alternate Webpage(s)	https://dspace.unl.edu.ec/jspui/bitstream/123456789/22060/1/Alfredo%20Efra%C3%ADn%20Cueva%20Ullauri.pdf
Language	English
Access Restriction	Open
Content Type	Text
Resource Type	Article