La inaplicación del principio de proporcionalidad en delitos por muerte culposa en el Ecuador.

Abstract

This research studies the non-compliance of the constitutional norm of Ecuador that provides the existence of the proportionality principle in the typification of sanctions in crimes of wrongful death in traffic accidents referring specifically to public transportation in the Organic Integral Penal Code. We will determine the failure that exists in the application of the principle of proportionality in integral reparation as well as for the victim and we will talk about the extraordinary values that should compensate the jointly liable parties such as the cooperative or the owner of the vehicle, that in most of the processes the special judges accept these measured values for the due compensation. In historical background we exposed about the principle of proportionality according to Robert Alexy a German jurist.in the current legislation of the Código Orgnánico Integral Penal in article 77 we find regulated about the integral reparation and in article 78 about the mechanisms for its due integral reparation.the approach is analytical and the objective will be a reform in article 377in which we will make a lex ferenda after the third clause.