Browsing by Author "Acurio Hidalgo, Marcelo Patricio"

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    La caución en delitos de juicio de procedimiento directo de la unidad judicial penal de Ambato y el principio constitucional de proporcionalidad
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-01) Acurio Hidalgo, Marcelo Patricio; Cortes Naranjo, Edwin Wilfrido
    The surety is that legal figure with which it is intended to guarantee the presence of the person processed in court; since it suspends the effects of preventive detention; so that once the responsibility is determined, everything can be restored to its normal condition that by actions or omissions have affected things or people; In criminal matters, the judges tend to ensure compliance with the sanction for the typical, unlawful act committed by the defendant and in a certain way improve the condition of that person who has been affected in some way, since this person becomes a victim the state guarantees the existence of means that allow something to remedy the injury suffered; However, it is necessary to point out that it is not only possible to ensure the rights of the alleged victim, but also to ensure the rights of the person to whom the crime is imputed and it is here that as long as there is no conviction, one must ensure the constitutional right to which every person is entitled, this being that of freedom; if there is indeed an investigation into the commission of a criminal act, it is as such an investigation, and therefore the deprivation of liberty covered by the figure of preventive detention must be considered ultimatum; reason for which the same regulations, this being the Comprehensive Organic Criminal Code in the Ecuadorian case which provides for the figure of the surety in order to suspend the effects of preventive detention; Now, once it is about the surety, it is necessary that in order to fix it, the conditions and characteristics contemplated in the same legal body be taken into consideration in order not to violate the constitutional principle of proportionality; however this last precept has been broken in the application; since despite the fact that the regulations are clear; However, the judges at the time of setting the bond do so arbitrarily since it amounts to values that the defendants cannot meet, so compliance with preventive detention is a reality.
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    El derecho de las madres privadas de la libertad a recibir visitas de sus hijos menores de edad en relación al interés superior del niño, en el Cantón Ambato, 2014
    (2016-03) Acurio Hidalgo, Marcelo Patricio; Jordán, Jeanette
    This research project has references type : social, historical, comparative, legal and doctrinal; two constitutional principles : the present Article 51 No. 2, Talking about the right to possess private mothers freedom to communicate and receive visits from their minor children, and the principle known in the world as " Best Interest of the Child " constant in Article 44 of the Constitution and the degree of impact on children law, and adolescents , through the visitation as a means conducive to allow younger son 's relationship with the parent who is deprived of freedom. One precaution is that the objective of this research is to determine the incidence of these constitutional rights, at the time when both private stem libertads, as the minor child has the right to keep visits to each other and there is no clear procedure for this purpose in the execution of the sentence in the Criminal Code of Integral, as the Model of Management Penitentiary of Ecuador, leaving the vagueness of the norm whether to allow the entry of a child or adolescent to a Center imprisonment for Adult. As demonstrated by the theory of Robert Alexy weighting, these constitutional rights may act positively or negatively on the legal figures contemplated in law and in practice even legal proceedings and administrative. This work will be supported on the basis of current doctrine and the establishment of specific cases. Therefore it is proposed to introduce a reform the New Model of Management Penitentiary of Ecuador, requesting the location of a suitable site for the minor to carry out the process of the mother visits her private freedom, garnantias have all the security and protection , the site maintains a similar level to that of your home, so that no trauma to the child is not saved,