Aplicación del principio de proporcionalidad en el delito de tráfico Ilícito de sustancias catalogadas sujetas a fiscalización en el DMQ

Abstract

The use, trafficking, and sale of illicit substances in the Metropolitan District of Quito has been increasing over time, becoming a significant issue in the city due to the criminalization of drug users due to disproportionate sentences in several cases. Micro-traffickers are also of great importance, as they have received disproportionate sentences, judging them as large-scale drug traffickers. The theoretical basis, causes, and effects of the misapplication of this principle are analyzed, which lacks constitutional rights such as due process in the crime of illicit trafficking of controlled substances. This is followed by an analysis of the problem in terms of its structure and application, based on a presentation of relevant background information that will provide insight into the interpretative-argumentative model. In this way, the Court analyzes how the principle of proportionality is applied by the competent judicial authorities to the crime of Illicit Trafficking in Scheduled Controlled Substances in the Metropolitan District of Quito (DMQ). It also analyzes the historical and legislative background that has shaped the current classification of this crime, as well as the criminalization of users and micro-traffickers, who have been prosecuted under the same regulatory framework as large-scale traffickers. It understands the importance of applying the principle of proportionality and considers different points of view based on articles, books, jurists, and legal professionals to arrive at a clearer legal criterion