Inconstitucionalidad por la revocatoria definitiva de la licencia de conducir en los delitos de tránsito

Abstract

In its beginnings, the law that regulates traffic activities came from the verb legere whose meaning is associated with the word "choose" according to some opinions, relating it to the fact that the law chooses by commanding in some and prohibiting in others so that it can be of public utility. The issue that is addressed in this research is related to the importance of Article 376 of the Comprehensive Organic Criminal Code, where it is expressly stated that a person who is driving a motor vehicle while in a state of intoxication or under the effects of narcotic, psychotropic substances or preparations that contain them and cause a traffic accident resulting in one or more fatalities, you will receive a penalty of imprisonment between ten and twelve years, definitive revocation of the driver's license. In this way, the general objective of the investigation is: To determine the unconstitutionality by the definitive revocation of the driver's license in the traffic offenses indicated in the Comprehensive Organic Criminal Code. The methodology used in this research responds to a qualitative and quantitative model, because from the qualitative it is possible to understand the legal phenomenon and the characteristics that it presents, while it is quantitative because the field research carried out collected data that were tabulated at starting from a descriptive statistic. The following types of research were also used: Bibliographic, because it allowed the theoretical foundation of the subject as well as the evaluation of different documents such as books, magazines, reports and other types of documents that allowed a better understanding of the research problem. Legal documents such as the Organic Law of Land Transportation, Traffic and Road Safety were also used. The research was also in the field, since a sample of the population of interest was established to collect data that allow the analysis to be better explained to you. The results obtained in the investigation show that and the definitive revocation of the driver's license in traffic offenses, lack the legality of the penalty, based on what is stated in article 53 of the Comprehensive Organic Criminal Code, which mentions that no More severe penalties must be imposed than those determined in the criminal offenses mentioned in this Code.