Consentimiento como causa de justificación de la antijuricidad en el delito de lesiones.

Abstract

In the legal system of Ecuador, new changes have been implemented with the 2008 Constitution and the existence of a current legal system with the presence of a new criminal model, Comprehensive Criminal Organic Code, which came into force in 2014 but in this area where the doctrinal study establishes that this criminal law has legal loopholes that would violate the rights of individuals and even facilitate corruptibility in the criminal political system. Consent and its lack of regulation in the Comprehensive Criminal Organic Code are analyzed as it is not established in this regulation, which is also a guarantor of constitutional rights "criminal consent" as a cause of justification for conduct in illegality. Establishing in the present work hypothetical examples in the crime of injuries and where it is unfortunately that the legislator ignores what happens in the State of Ecuador by not making the application of the doctrinal criminal bases that establish and point to this figure of the criminal consent as a defense of criminal responsibility around the unlawfulness of the General Theory of Crime. This creates a problem for the justice operators and the procedural subjects in a criminal proceeding, since they are the ones who submit to a criminal trial regarding the aforementioned budget or legal problem, since they hope that their resolutions will be duly motivated in a legal, constitutional framework of justice. This means that the judges or magistrates cannot resolve according to the criminal legal nature because they must abide by what the current legal system maintains, indicates and stipulates. For this reason, the presence of the violation of legal certainty around the normative budgets presented will be objectively determined.