Propuesta de reformas de los art. 383, 384, 385 y 386 del Código Orgánico Integral Penal en aplicación al principio de proporcionalidad.

Abstract

The Comprehensive Criminal Organic Code contemplates the penalty of deprivation of liberty for traffic offenses, and itis imperative for the judge to apply it when imposing a sanction in a trial hearing, restricting in this sense the content of the Basic Guarantees to the Due Process, being the maincause, the violation to one of the constitutional principles like the one of proportionality, for such reason the general objective of this investigation is the elaboration of a proposal of reforms of the Arts. 383, 384, 385 and 386 of the Comprehensive CriminalOrganic Code, in application of the principle of proportionality. The methodology is qualitative, seeking a reform to the Organic Comprehensive Criminal Code, is structured with a content of topics and description of the criminal procedure standard applied to the case in analysis, using the analysis-synthesis and inductive-deductive method, applying the technique of documentary analysis of the norm and comments ofspecialists. As results achieved the Comprehensive Criminal Organic Code, would determine in proportion to the offense committed a non-custodial sentence, concluding that the Constitution of the Republic of Ecuador, guarantees to all the inhabitants of the Ecuadorian State, rules of due process, that no one should be punished for the acts of another and must transcend as little as possible of its author, thatis why it is important that the criminal procedure rule allows the judge to impose a non-custodial sentence, protecting in this sense the right to work and good living that guarantees the Magna Carta.