El ius puniendi del Estado y las limitaciones penales sobre el derecho de participación en el marco del Código Orgánico Integral Penal

Abstract

The development of this research begins with a theoretical and analytical display of what the jus puniendi of the state, its concept, background, limits and legal principle, until our times, with its evolution and imbalances facing citizens. Subsequently, through fieldwork conductedlawyers in free exercise of the Metropolitan District of Quito, a random sample was taken to conduct a survey with closed questions, same as was done in the judicial lockers of the judiciary, where they come daily and often, a lot of lawyers. Was also part of the fieldwork, three interviews to professionals specializing in criminal law, the same who gave their opinions versed in the jus puniendi as a mechanism to suspend the rights of citizen participation, whichviolates the principle of proportionality of punishment