Marco constitucional para juzgar los actos de tortura durante la dictadura militar en los setenta en Ecuador
The State, as the highest form of organization, is presided over by the government, a characteristic political element of the latter, and which concentrates the power destined, in theory, to the pursuit of the common welfare. Deviations in the exercise of power degenerate governments into dictatorsh...
| Autores: | , |
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| Tipo de recurso: | tesis de maestría |
| Estado: | Versión publicada |
| Fecha de publicación: | 2021 |
| País: | Ecuador |
| Institución: | Universidad de Otavalo |
| Repositorio: | Repositorio Universidad de Otavalo |
| Idioma: | español |
| OAI Identifier: | oai:repositorio.uotavalo.edu.ec:52000/510 |
| Acceso en línea: | http://repositorio.uotavalo.edu.ec/handle/52000/510 |
| Access Level: | acceso abierto |
| Palabra clave: | Derecho Constitución Dictadura Ecuador Derecho Constitucional |
| Sumario: | The State, as the highest form of organization, is presided over by the government, a characteristic political element of the latter, and which concentrates the power destined, in theory, to the pursuit of the common welfare. Deviations in the exercise of power degenerate governments into dictatorships, such as those that prevailed in the 1970s in Latin America, including Ecuador, and in which systematic human rights violations were committed. Since at the national level no one has been tried for such human rights violations, as if it were done in other countries, this investigation aimed to determine the viability of criminal prosecution for acts of torture committed by the military dictatorship in Ecuador in that period. Under a qualitative approach, in a descriptive investigation of documentary design, the victims' rights to the truth, memory and imprescriptibility of crimes against humanity were analyzed, compared to the legal principles in favor of the inmates. Using the legal method, complemented with the inductive and dialectical methods, these legal institutions contained in the national legislation and international treaties in force in Ecuador were confronted, as thesis and antithesis, respectively, to establish the prevalence of one or the other, as a synthesis or solution. It was concluded that the rights of the victims prevail over the principles in favor of the inmates, and it is recommended to continue with other investigations of this problem to propose solutions in accordance with the requirements of justice due to the victims and as a preventive social pedagogical effort of the victims. errors and horrors of totalitarian governments. |
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