Análisis jurídico del caso 01283-2016-03989 por delito de femicidio, en la ciudad de Cuenca, provincia de Azuay, año 2016

Abstract

In Ecuador the crime of Femicide is typified in Article 141 of the Organic Integral Penal Code, which states that one of the constituent elements of the crime of femicide are power relations, which do not have a specific definition in terms of gender, since the law to prevent and eradicate violence against women gives a general definition. For this reason it was necessary to analyze what power relations are, focusing on the process number 01283- 2016-03989 in which the defendant Luis Eduardo Cordero Torres killed his spouse Bertha Minchala Ortiz. Within this project, which was developed with an analytical approach, each instance of the process was studied. How the procedural parties acted, the evidence that was evaluated in the process; the sentence issued by the Criminal Guarantees Court with headquarters in the canton of Cuenca, province of Azuay was analyzed in detail. Also the sentence issued by the Criminal Chamber of the Provincial Court of Azuay, the decision of the Court of the Specialized Criminal, Military Criminal and Police Criminal Chamber and the Extraordinary Action for Protection filed by the defendant. It was verified that in Ecuadorian law there is no specific definition of power relations, which creates a legal loophole that makes it difficult for judges to give their decision, as can be seen throughout the analysis developed in the second chapter of this research work.