La impugnación de boletas por contravenciones de tránsito, un estudio comparado entre la legislación ecuatoriana y colombiana.

Abstract

In Ecuador, current regulations establish that in traffic matters are offenses those crimes and offenses committed in a culpable manner that merit sanctions established by the Comprehensive Organic Criminal Code. Taking into account the principles and mandates established by the constitutional norm. In any process in which rights and obligations are determined, it is expected to appeal the ruling or resolution as one of the basic guarantees of due process. With this background, the work entitled "The challenge of tickets for traffic violations, a comparative study between Ecuadorian and Colombian legislation," had the objective of preparing a comparative study regarding the mechanisms established within each legislation. The investigation contains four chapters, the first one addressed the challenge as a constitutional resource relating its conceptual and doctrinal nature to the Ecuadorian legal framework. In the second chapter, the procedure to challenge traffic tickets in Ecuador was explained in detail, the third chapter contains the challenge procedure regarding traffic in Colombian legislation. The fourth chapter expands the debate by analyzing common elements and existing differences, finally the respective conclusions and recommendations were raised considering that Ecuadorian regulations must promote adequate mechanisms that guarantee the right of drivers to due process in respect of the constitutional principles of speed, proportionality, effectiveness, efficiency and legal certainty.