EL PRINCIPIO DOBLE CONFORME EN LA LEGISLACIÓN ECUATORIANA EN RELACIÓN A LAS CONTRAVENCIONES DE TRÁNSITO Y EL ESTADO CONSTITUCIONAL DE DERECHOS Y DE JUSTICIA

Abstract

In Ecuador, a Constitutional State of Rights and Justice governs, which implies that all rights are justiciable and therefore must enjoy the necessary guarantees to be able to safeguard the rights of people in all judicial instances, this implies the need to protect the right of people to appeal when they are not satisfied with the decision of an ordinary judge. However, in the Comprehensive Organic Criminal Code there are regulations that prevent traffic violations from being appealed when dissatisfied, despite the fact that the decisions of the first level judge can fall into an unjust error and lead to pecuniary damage to the person. challenging. The impossibility of resorting to a conviction in infringement proceedings restricts the right of citizens to an effective defense. This can lead to erroneous or unfair judicial decisions being upheld, affecting confidence in the judicial system. The lack of an effective remedy for convictions can generate legal uncertainty, since citizens are not certain that their rights will be adequately protected. This can discourage participation in legal processes and foster the perception of impunity. The methodology that has been used is qualitative, since it was developed based on non-quantifiable data but rather an analysis of the regulations and jurisprudence, from the constitutional and criminal point of view, with the purpose of determining the existence of a transgression of the double principle as established in the Magna Carta due to decisions of judges on traffic matters.