La inconstitucionalidad de las ordenanzas municipales que tipifican infracciones de tránsito no contempladas en el Código Orgánico Integral Penal.

Abstract

The issue of the unconstitutionality of municipal ordinances that criminality traffic offences not covered by COIP will be carried out in constitutional matters, since such ordinances establishing criminal, administrative and pecuniary sanctions, taking functions that are not theirs; because the principle of legality and the hierarchy of laws as such would be being violated. This issue has been discussed and there have been legal professionals who have tried to resolve and comment on it, without a result in between. It is necessary to take as generalities the concepts studied in the field of administrative law as a basis, also touching on general issues in criminal matters, as it would help an understanding when proceeding with the legal problem itself. Therefore, the first chapter will cover the generalities of the topic, such as definitions, characteristics, elements, classifications, among others. The second chapter will look into the legal problem; of that, it will deepen the avenues we have legally for solving the problem. The doctrinal and jurisprudential basis for development needs to be taken as a source and, therefore, the analysis of the municipal ordinances establishing such sanctions will be discussed in this regard. In addition, the analysis of constitutional principles and sanctions established in the COIP; to its effect, conclude and recommend the proper edges.