Riesgo jurídicamente desaprobado en los delitos culposos de tránsito y su reparación integral

Abstract

The legally disapproved risk in its legal-conceptual relationships is associated with the breach of the objective duty of care in which the forms of guilt are summarized, and in this work, it is specifically limited to analyzing how it is appreciated in culpable crimes traffic resulting in the death of a person as a result of such actions. In this sense, the author raises as a concern, the determination of the powers and limitations that justice operators have to determine the manner of comprehensive reparation to victims when death has occurred because positive law has not established strict margins for this and the simple discretion of the judge can lead to inappropriate decisions that would reduce the effectiveness of the judicial protection itself when, when dealing with criminal matters, the principle of legality is relegated. For these purposes, a documentary and descriptive research method is followed, which used participant observation in the document review technique, giving a qualitative approach, which allowed the results to be interpreted objectively but correlated with all the data obtained. The author concludes that it is necessary to legally delimit the discretion of justice operators and suggests the implementation of adjective forms of determination of comprehensive reparation for victims of the crime of wrongful death in land traffic.