Inconsistent punitive policy in the area of contraventions

Abstract

The objective of the research is to identify the criteria for the objective application of the misdemeanor rule from the perspective of proportionality and rationality, guaranteeing what is established in the Ecuadorian criminal legal system. The problem is that contraventions as infractions differentiated from crimes because they are less serious, should be punished proportionally to the culpability of the offender, otherwise it would be evidencing a normative arbitrariness and violating what is established within the criminal and constitutional legal framework. It is a legal study carried out from a critical, analytical, descriptive, and propositive methodological line that seeks to give a real explanation of the norm in cases of criminal contraventions, and even the characteristics or problems present with respect to the punitive action and applicable legal tools provided by the legal regulations. It is concluded that there is a violation of the principles of proportionality, effective judicial protection and minimum intervention in the application of the penalty of deprivation of liberty in contraventions.