Los delitos de riesgo y su incidencia en la percepción de la seguridad en el Ecuador

Abstract

Currently, the lack of applicability of the existing laws in the Ecuadorian state and the way they are enforced by the judicial system is evident. This research allows us to understand the criminal reality and the crimes committed on a daily basis, as well as the sanctions and their application. We will primarily focus on the offense of driving under the influence of alcohol or drugs and its objective of determining whether an advancement of the punitive barrier can be applied, as it poses a risk to the protected legal interest without the need to observe injuries or personal harm. Regarding the methodology to be used, we will concentrate on conducting an exploratory study since this is a topic that has been relatively understudied in our legislation. The research type will be documentary-bibliographic and field-based, allowing us to gain a deeper understanding of our subject matter. The method will be based on both deductive and inductive reasoning, meaning that the study will progress from general to specific, utilizing premises or hypotheses that can facilitate the research process. The approach will be solely qualitative, as conducting interviews with various legal professionals will be instrumental in our investigation. It is crucial to verify any gaps or inconsistencies within Ecuadorian legislation with the aim of determining whether an advancement of the punitive barrier can be implemented in certain offenses specified in the COIP.