Neutrosophic multicriteria method for the detection of violation of proportionality in smuggling offenses, in the abbreviated procedure

Abstract

The crime of smuggling in Ecuador has been gaining ground significantly over time. In its criminal legislation, it is punishable by imprisonment and a fine. This research determines the causes of the violation of the principle of proportionality established in Art. 76.6 of the Constitution of the Republic of Ecuador (CRE), in the crimes of smuggling in Art. 301.2 of the Comprehensive Organic Criminal Code (COIP), in Pelileo, Ecuador. The objective of this research is to develop a multi-criteria neutrosophic method for the detection of violations of proportionality in smuggling crimes, in the abbreviated procedure. The result was that the principle of proportionality, by adopting the abbreviated procedure in smuggling crimes, is violating rights and guarantees since the legal consequence of the criminal type is not applied correctly, even though art. 13.2 of the COIP states the strict application of the regulations and for some magistrates it has been observed that they do not have clarified how to carry out the natural penalty and the real penalty.