Traffic violations detected by technological means, with respect to due process

Authors

  • Lenin Rolando Guanoquiza Guangaje Lawyer. Superior Diploma in Notarial and Registry Law. Master in Procedural Law and Oral Litigation from Universidad Tecnológica Indoamérica. Head of Expropriations of the Municipality of Ambato, Ecuador. https://orcid.org/0000-0002-5414-0143 (unauthenticated)
  • Diana Maricela Bermúdez Santana Lawyer. Master in Criminal Law and Criminal Procedural Law from Universidad Diego Portales-Santiago de Chile.Master in Labor Law and Social Security from Universidad Indoamérica.Doctoral student in Juridical Sciences at the Pontificia Universidad Católica de Argentina. Lecturer at the Faculty of Jurisprudence and Political Sciences, Law School, Universidad Indoamérica, Ambato, Ecuador. https://orcid.org/0000-0003-3220-0990 (unauthenticated)

Keywords:

contraventions, photo radars, road safety, speed

Abstract

This article focuses on the protection of due process in cases of traffic violations detected by technological means. Its objective is to analyze the fundamental considerations that support the protection of due process in these cases, highlighting aspects such as adequate notification, the right to defense and the possibility of challenging sanctions. The methodology is qualitative as it involves an exhaustive analysis of legal and jurisprudential literature, previous research studies were reviewed to support the underlying legal and scientific principles. The results of this research highlight the importance of adequate notice, the right to defense and the possibility of challenging sanctions as elements of guaranteeing a fair and equitable process. These principles are supported by legal theory and jurisprudence, thus contributing to the integrity of the justice system. The protection of due process in traffic offenses detected by technological means is fundamental to safeguard individual rights and maintain confidence in the legal system of the Ecuadorian country.

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Published

2024-01-15

Issue

Section

Review articles

How to Cite

Traffic violations detected by technological means, with respect to due process. (2024). Opuntia Brava, 16(1), 153-169. https://opuntiabrava.ult.edu.cu/index.php/opuntiabrava/article/view/1958

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