Preferencias académicas de los estudiantes de la carrera de Derecho y su vinculación con los Objetivos de Desarrollo Sostenible (ODS) a través del estudio de sentencias

Abstract

Abstract: The objective of this investigation is to analyze the foundations on which the judges of first and second instance were based, which led to the sentencing sentence of greater reclusion of the appellant, the present case under analysis is with the already repealed Penal Code and Code of Criminal Procedure. Consequently, determining what violation of the current norm the judges violated by violating the Right to Judicial Protection, becomes the paradigm of this work, because its primary objective is the legal protection of rights, which cannot be violated by the Judges, since the doctrine establishes parameters for the presentation of evidence in this crime. All fundamental rights are born with the constitution that our Country approved in the Constitution of the Republic of 2008, and by considering itself as a constitutional State of rights and justice, as determined in Arts. 1; 76.7.1, this investigation will start from the provisions of the Constitution of the Republic, as the supreme norm, the same one that has Constitutional Supremacy over any other law, as well as in the International Treaties and Agreements ratified by Ecuador, taking into account Since they are about human rights, they are even about our Constitution. Within this investigated case, the sentence was analyzed, in which the erroneous interpretation and express violation of the law, followed by lack of motivation of the judges when passing sentence in this specific case.