La inconstitucionalidad de la reincidencia vulnera los principios de no discriminación, proporcionalidad y de culpabilidad

Abstract

Abstract:The recidivism has been focused over an antropologic doctrine which infringe principles, garantees and rights prescribed in our Ecuadorian Constitution, as well as the international treaties. Inside the vulnerabilty of rights we found the non-discrimination principle because we can not impose a raised punishment based on the criminal record of a person, instead we should impose it related to the crime commited at the moment. As this principle, the proportionality is violated too, because the fact of increase the punishment alouds the enforcement of penalties for every kind of crimes. To finalize we have the guilt principle, this one gives the legal bases and limits about the punishment. It should be involved into an specific action, that means we should take into consideration the behavior performed in that moment and the damaged legal good importance too.