Abstract

CRESPO-BERTI, Luis A.; SOLA INIGUEZ, Miguel  and  BENAVIDES BENALCAZAR, Merck Milco. The unconstitutionality of the blank penal norm. Dilemas contemp. educ. política valores [online]. 2021, vol.8, n.spe3, 00015.  Epub Aug 30, 2021. ISSN 2007-7890.  https://doi.org/10.46377/dilemas.v8i.2694.

In the perennial updates focused on the framework of a review of the blank criminal law, its unconstitutionality was analyzed since it does not correspond to the constitutional principle of legality. The surrounding flaw was identified, an aspect that breaks through with the fundamental axis of strictness of the legal assumption of fact and legal reserve as derived sub-principles, seen as the punitive warned mandate foreseen and sanctioned by the national legislator. In the specific case, the problem declared based on the seriousness of the political-legislative act with incidence on the part of the Ecuadorian judicial authorities. Comprehensiveness is offered to the criminal system by having corrective measures in order to mitigate them as it is a point of law.

Keywords : Blank criminal rule; principle of legality; constitutional jurisprudence.

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