La reparación integral en los delitos de tránsito con muerte culposa.

Abstract

In the present investigation, an analysis is made from the academic point of view of comprehensive reparation and the parameters of an application in the Ecuadorian legal system with respect to traffic accidents that leave victims dead. Is relevant to evaluate the damage caused because of said eventuality, where comprehensive reparation is sought, through the judicial authorities that play an active role in setting compensation to compensate the families of the victims and declare the existence of a violation of rights. It should be noted that the judge has the obligation to recognize comprehensive reparation as the closest approximation to effective judicial protection and to order reparation measures in accordance with the factual reality of the facts claimed. It is essential to consider the deficiencies that lie when establishing comprehensive reparation to compensate the relatives of the victims who died in traffic accidents, particularly when values are established that are impossible to cancel so that in the international context it responds to patterns of violations other than those that occur in the Ecuadorian context. In the same way, it is necessary to consider the nature of these violations of rights, since most of these are configured from non-observance of legal provisions, ignorance of rights, among others; therefore, the results will be different from those reviewed in the jurisprudence of the Inter-American Court of Human Rights.