Abstract

JIMENEZ TORRES, Hernan Geovanni; COLCHA RAMOS, Laura Alicia  and  JIMENEZ MONTENEGRO, José Milton. The presumption of law Nemini Licet Ignorare Jus within Ecuadorian criminal law. Universidad y Sociedad [online]. 2021, vol.13, n.2, pp. 340-346.  Epub Apr 02, 2021. ISSN 2218-3620.

Despite the express recognition made by various representatives of jus positivism of the "false and conventional presumption of law," they agree that such a fiction is necessary "for the conservation of social order. However, such presumption is not effective in today's legal world and is not compatible with the current model of the constitutional state of rights set forth in the 2008 Constitution. The presumption of law analyzed lacks effectiveness from a social and legal point of view. Social ineffectiveness is verified by observing conduct that is not stipulated in the norm, while legal ineffectiveness is revealed by not achieving the objective previously set as a goal. If the presumption of law does not ensure that all Ecuadorians know the criminal law and conform to it, we can simply say that this premise cannot be verified. The presumption of law nemini licet ignare jus in the sphere of modern criminal law has been questioned, debated, and in some cases excluded.

Keywords : Presumption of law; nemini licet ignorare jus; ius positivismo; presumption of law; inflexibility; subjective realities.

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