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

Abstract

Abstract:The development of this research begins with a theoretical and analytical deployment of what the ius puniendi of the state means, its concept, antecedents, limits and its legal principle, until reaching our times, with its evolution and imbalances in front of citizens. Subsequently, through a field work carried out with the lawyers in free practice of the Metropolitan District of Quito, a random sample was taken to carry out a survey with closed questions, which was carried out in the judicial lockers of the Judicial Function, where a large number of lawyers attend frequently and daily. It was also part of the field work, three interviews with professionals specialized in criminal law, the same ones who gave their opinions on the ius puniendi as a mechanism to suspend the right to citizen participation, which violates the principle of proportionality of the sentence.