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El derecho penal del enemigo: los delitos contra la estructura del Estado Constitucional
| Content Provider | Semantic Scholar |
|---|---|
| Author | Galarza, Molina Nicolás, R. Giner |
| Copyright Year | 2017 |
| Abstract | The present essay, proposes as a working hypothesis, the existence of a legal contradiction between the Constitution of the Republic of Ecuador, which observes a neo-constitutional orientation that incorporates elements of criminal guarantism, with respect to the crimes contained in chapter six of Criminal Code, entitled: Offences against the structure of the constitutional State, aligning with the theory of enemy criminal law, that legitimize the systematic criminalization of the right to social protest, those crimes do not correspond to a constitutional State of rights and guarantees. This work, from a critical theoretical perspective, beginning with the schools of criminal guarantism and teleological-evaluative criminal functionalism, proposes an exegetical-dogmatic approach to the problem, through a technical-evaluative treatment identifies and examines the crimes that observe an Ideological basis of theory of enemy criminal law. The judicial cases studied prove the affectation of rights, guarantees and infringement to due process, clarifying the need of formulate a new criminal legislation that guarantees the full correspondence of the criminal types belonging to Criminal Code with the Constitution of the Republic. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | http://dspace.udla.edu.ec/bitstream/33000/7980/3/UDLA-EC-TAB-2017-76.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
