Análisis jurídico del principio de proporcionalidad de las penas en los delitos de hurto, robo y tráfico ilícito de sustancias catalogadas sujetas a fiscalización.

Abstract

Abstract:One of the principles that emerges from the Constitution, by which the administrators of justice must ensure, is the one of proportionality, in order to avoid the imposition of severe punishments whose penalty does not reflect a relationship between the fact, the Circumstances and the damage caused, because only through the correct application of the same, it will be avoided to infringe other rights of those who are prosecuted and reproached through the criminal law. The main objective of this work is to examine through doctrine and real cases if certain offences contain fair and proportional penalties, considering that one of the duties and obligations of the State is to precaution the dignity of the people avoiding Overcrowding as it is determined by the Constitution of the Republic of Ecuador, being able to opt for penalties and systems that guarantee rehabilitation through different programs more effective, achieving in this way that the prison system is going to reproach Only criminally relevant behaviors.