La calificación de víctima de violencia intrafamiliar: análisis del caso ecuatoriano

Abstract

Intrafamily violence is a phenomenon present, to a greater or lesser extent, in all societies, and it is of growing interest in international institutions, which recognize its importance and its multiple implications on a global scale and within each country, as well as for communities, families and individuals. The victim of domestic violence is the person who has suffered damage to their physical or mental integrity, to her patrimony or when her fundamental rights are substantially affected. Victim is that person to whom individual or collective, physical or mental, patrimonial or moral damage is caused, that is, the person who suffers violence through the behavior of the delinquent individual. The general objective of the research is to determine how the limitation of the degree of kinship affects the qualification of victim of domestic violence. The methodology used in this research is quantitative and qualitative by means of which the information that was collected during the research will be evaluated, weighed and interpreted. The results obtained highlight the problem of intrafamily violence in Ecuador and in the search for justice many cases do not reach a sentence, being among the reasons the file of the causes because there are limitations regarding the degree of kinship between the aggressor and the victim to be recognized as domestic violence. Among the conclusions reached in the study is the importance of strengthening the management model of the first level Judicial Units to offer adequate attention to victims of violence, but also to analyze the existing difficulty in terms of qualifying victim of domestic violence for a due application of effective judicial protection.