Problemática del alcance del núcleo familiar contenida en el art. 155 del COIP.

Abstract

The family can be considered the oldest institution in the world, in Ecuador it has been protected since the 1998 Constitution, and in turn in the 2008 Constitution. Both mention that the State recognizes the family in its various types. Hence, taking into account article 67 of the Constitution, which emphasizes the importance of the family as the fundamental nucleus of society, it is precisely from this article that the concept of family nucleus should arise, a definition that has been misinterpreted in the Comprehensive Organic Penal Code, specifically in article 155, which is called “Violence against women or members of the family nucleus.” In the second paragraph, mention is made of those who make up the family nucleus, leaving an open notion that can create confusion. What gives way to our study, the concept of family nucleus is not clear in the norm, which means that there are interpretations that allow the scope of the same to be made broader or shorter. Which leads us to ask ourselves: how far can the scope of the family nucleus go in a legal problem?