Reforma legal al art. 142 del Código Orgánico Integral Penal - COIP, considerando la inclusión de nuevas agravantes que permitan sancionar adecuadamente el delito de femicidio en el Ecuador

Abstract

This end-of-degree study is based on a study on the subject of femicide, its origins, characteristics, background of the legal figure that has been adopted in Ecuador considering the different types of normative frameworks in Latin America. Besides giving a focus on carrying out a legal analysis of current legislation and under the precepts of the Constitution of Ecuador, which proclaims a life free of violence guaranteeing gender equality, addressing violence From a punitive perspective. The recognition of this crime on the part of the State makes visible the complex situation of the murder of women by the fact of being women, in unequal relations of power, with this one can appreciate the evolution as far as legislative matter, later realized a field investigation, In which it was possible to prove that there are legal gaps in the Integral Criminal Organic Code because they are not considered sufficient aggravating to punish the femicide, for that reason it is necessary to reform the Art. 142 to include the aggravating ones and to correct the Deficiencies that the law has to sanction the femicide with all the rigor of the law, through the investigation of criminal proceedings, finally a proposal is made of reform to the law, specifying the subject of investigation