Violencia intrafamiliar y participación activa de la víctima al momento de determinar la responsabilidad penal

Abstract

A constant concern worldwide and for international organizations is the frequency of cases of domestic violence, for which public policies have been established in order to prevent, punish and protect victims; in Ecuador there have been several regulations that regulate the rights of the two parties during the criminal process, both the perpetrator and the victim, the active participation of the victim in these criminal processes must be active, in order to avoid impunity, if this does not happen, the determination of the aggressor's responsibility becomes difficult; Considering this context, the objective is: to analyze from the critical-legal point of view the lack of active participation of the victim of domestic violence at the time of determining the responsibility of the aggressor, to respond to the object of study, research will be used. explanatory as a research method, and the qualitative paradigm; The theoretical methods to be used will be the method of analysis and synthesis, the historical method, and the exegetical method, while the empirical methods that will be used will be the survey; After surveying 25 women victims of domestic violence, it was possible to show that many of the women who did not want to respond had a lower educational level, in most cases the complaint was filed by third parties, not directly by the victim, a large part of them abandoned the process.