Browsing by Author "Espín Meléndez, María Cristina"

Now showing 1 - 20 of 34

La acción de protección como mecanismo de defensa ante acto administrativo lesivos de derecho
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado. Mención Derecho Constitucional, 2023-08) Andino Silva, Edy Juan; Espín Meléndez, María Cristina
The Ecuadorian Constitution establishes that the protection action has as its objective the direct and effective protection of the rights recognized in the Constitution and can be filed when there is a violation of constitutional rights. However, the Organic Law of Jurisdictional Guarantees and Constitutional Control establishes in which cases the action for protection does not proceed, specifically, in the case of administrative acts. In general, the protection action is not valid if the administrative act can be challenged through judicial channels, unless it is demonstrated that such channels are not adequate or effective. This means that the protective action is restricted in its use, being considered as a residual and subsidiary measure. Sometimes, administrative acts issued by public authorities are not necessarily illegal, but they do violate fundamental rights that can only be recognized through the Action for Protection, which is considered an effective and adequate means for its resolution. This action constitutes a mechanism to protect and guarantee the rights of individuals against acts of the administration that may violate them. Therefore, it is necessary to consider how protection is understood in the framework of a constitutional State of rights and justice and how the principles are applied in relation to the action for protection. The objective of this research is to determine whether the action for protection is viable in cases of administrative acts.
La acción extraordinaria de protección y la tutela judicial efectiva en derechos constitucionales en el Ecuador
(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-09) Albán Suntásig, Méndelson Fabricio; Espín Meléndez, María Cristina
Under the principle that Ecuador is a Constitutional State of Rights and Justice, a wide range of principles and guarantees have been positivized in its 2008 Constitution. Among them is the Extraordinary Action of Protection, as a jurisdictional guarantee available to citizens, whose purpose is the protection of fundamental rights, when they have been violated in a final decision by an administrator of justice. However, at present, the statistics of the Constitutional Court of Ecuador reflect a high rate of inadmissibility of the demand for this action, which poses a risk to effective judicial protection in guaranteeing access to justice. The importance of this research work lies in identifying the factors that lead to this problem; since the inadmissibility of this action would imply the violation of a constitutional right and therefore of related rights, violating legal certainty. In response to this problem, the aim is to explain in a clear manner the legal assumptions suitable for the substantiation of this jurisdictional guarantee, promoting its correct use. To carry out this task, methodologically, explanatory research has been used, with quantitative, qualitative and inductive approaches; relying on the documentary technique and observation for the adequate and coherent collection of information from primary and secondary sources. Approaches and techniques that provide the researcher with the necessary arguments to explain the cause-effect relationship of the problem based on a hypothesis. This work is framed within the research line: public policies, law and society; and includes statistics and recent jurisprudence that favors the correct use of the Extraordinary Protection Action.
La acción extraordinaria de protección y la tutela judicial efectiva en derechos constitucionales en el Ecuador
(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-10) Albán Suntásig, Méndelson Fabricio; Espín Meléndez, María Cristina
Under the principle that Ecuador is a Constitutional State of Rights and Justice, a wide range of principles and guarantees have been positivized in its 2008 Constitution. Among them is the Extraordinary Action of Protection, as a jurisdictional guarantee available to citizens, whose purpose is the protection of fundamental rights, when they have been violated in a final decision by an administrator of justice. However, at present, the statistics of the Constitutional Court of Ecuador reflect a high rate of inadmissibility of the demand for this action, which poses a risk to effective judicial protection in guaranteeing access to justice. The importance of this research work lies in identifying the factors that lead to this problem; since the inadmissibility of this action would imply the violation of a constitutional right and therefore of related rights, violating legal certainty. In response to this problem, the aim is to explain in a clear manner the legal assumptions suitable for the substantiation of this jurisdictional guarantee, promoting its correct use. To carry out this task, methodologically, explanatory research has been used, with quantitative, qualitative and inductive approaches; relying on the documentary technique and observation for the adequate and coherent collection of information from primary and secondary sources. Approaches and techniques that provide the researcher with the necessary arguments to explain the cause-effect relationship of the problem based on a hypothesis. This work is framed within the research line: public policies, law and society; and includes statistics and recent jurisprudence that favors the correct use of the Extraordinary Protection Action
La adopción de niños, niñas y adolescentes con discapacidad y el derecho a la inclusión social e igualdad
(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-08) Villagómez Guevara, Diana Carolina; Espín Meléndez, María Cristina
Adoption is a legal institution aimed at the substantial protection of the minor through the restitution of the fundamental right to belong to a family, when due to many reasons children and adolescents have been deprived of being part of the family life. In Ecuador, the Constitution stipulates the joint obligation of the State, society and family in terms of promoting the ideal development of the minor, which refers to how children and adolescents should belong to an adequate environment; in the same way, persons with disabilities are positioned as a group of preferential attention regarding their social inclusion. Within the legal system, regulations such as “Código Organico de la Niñez y Adolescencia” do not contemplate parameters related in a specialized way to the adoption of children and adolescents with disabilities, in the face of an unfavorable reality for this group. Therefore, this research analyzes the adoption of children and adolescents in Ecuador, with a focus on the rights of people with disabilities in accordance with the Priority Attention, through a descriptive and exploratory research, with a qualitative and quantitative approach, which is developed under the research line of Public Policy, Law and Society. Consequently, it is obtained as a result, that in the Ecuadorian system is notorious the inexistence of state actions directed at promoting the adoption of minors with disabilities, thereby affecting the inclusion of this group in a situation of double vulnerability, therefore, the generation of public policies according to Material Equality is proposed.
El derecho a la educación superior y el acceso de los venezolanos a la universidad pública ecuatoriana
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-02) Villacis Villacres, Tatiana De Los Angeles; Espín Meléndez, María Cristina
The Right to Higher Education is included in the Universal Declaration of Human Rights, so each Member State has the obligation to guarantee the fulfillment of this right, so it is essential the correct application of the principle of equal opportunities so that all people, both nationals and foreigners can access this education. In addition, the importance of a correct access to a quality higher education arises since this is the one in charge of training professionals, favoring personal development, so that in this way they expand their capabilities to promote the progress of a country, such as the creation of projects that generate new jobs. The importance of the research topic lies in the fact that it is a current situation due to the large Venezuelan migration produced in the last 5 years to Ecuador in search of better living conditions, due to the situation in which their country of origin finds itself. The present work is within the research line of Public Policies, Law and Society proposed by the Technical University of Ambato, which will allow us to have a clear perspective of the Ecuadorian legal system regarding the opportunities for Venezuelan migrants to access higher education. Establishing that the State is a guarantor of rights, therefore it must protect the right of access to higher education for Venezuelan migrants
El Derecho a la Libertad Sexual y su Incidencia en el Desarrollo Integral de los Niños, Niñas Y Adolescentes: Análisis de la Sentencia No 13-18 Cn/21
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09) Vaca Aldás, Juan Andrés; Espín Meléndez, María Cristina
The decision of Constitutional Ruling No. 13-18 CN/21, which allows minors under 14 years of age to consent to sexual relations, has generated debate and concern as to whether they have the necessary knowledge about their sexual freedom and whether this could jeopardize their rights and integral development. This study focuses on children and adolescents, who are considered a priority group according to the Constitution of Ecuador. The judgment establishes an exception for those over 14 years of age who can consent a sexual act, which raises possible violations of their rights and development. The impact of this research falls on Ecuadorian society, which is governed by a constitution that guarantees rights, especially for minors between 14 and 17 years of age. The research topic raises the dichotomy between integral development and sexual freedom, considering the lack of appropriate maturity in such a young person to consent sexual relations. Constitutional Ruling No. 13-18 CN/21 allows those over 14 years of age to consent sexual relations, which could avoid possible penalties for adolescent offenders, but on the other hand opens the possibility that there may be more impunity in sexual crimes involving minors since they can vitiate their consent through power relations, blackmail or by buying their testimony.
El derecho a la resistencia y los delitos contra la estructura del estado constitucional
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-02) Cordova Cortez, Cristhian Andres; Espín Meléndez, María Cristina
This research work seeks to know how the exercise of the right to social resistance recognized in the Constitution of the Republic in article 98, has put citizen security and the structure of the constitutional State at risk through the commission of serious crimes typified in the Organic Code Integra Penal. This is due to the violent means through which the right to resistance and social protest is exercised, which are summoned by fully identified social leaders and with a clear political tendency. A qualitative and quantitative approach methodology was applied, of historical and deductive level as well as being explanatory. To obtain the quantitative data, interviews were applied to prominent social leaders and academics at the national level. After applying the methodology, it can be determined that in the exercise of the right to resistance, excesses have been committed that put citizen security at risk due to vandalism and political security due to the commission of serious crimes against the Constitutional State
El derecho a la vida digna del adulto mayor en tiempos de pandemia covid-19
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-02) Constante Lascano, Johana Estefanía; Espín Meléndez, María Cristina
This research work seeks to know how the authorities of the canton Tisaleo belonging to the province of Tungurahua, fulfill, respect and protect the right to a decent life of the elderly during the health emergency or pandemic by covid 19, a right that is recognized by the Constitution of the Republic of Ecuador in its article 66. This is due to the fact that the elderly, being part of the priority attention group, deserve the highest level of respect, care and protection by the State and other levels of government such as the autonomous and decentralized GADs. A methodology was developed with a mixed approach based on qualitative and quantitative research, in addition the survey and interview technique was used in order to provide the research with accuracy and precision of the data related to the proposed research topic, also based on an exploratory and descriptive level; consequently the surveys and interviews helped to analyze and determine the fulfillment of the right to a decent life of the elderly during the covid 19 health emergency, the data obtained from them helped to analyze and interpret the real situation in which the elderly find themselves during and after the covid-19 health emergency in Canton Tisaleo
El Derecho a la vida y el aborto: análisis comparativo entre la legislación Ecuatoriana y la legislación Argentina
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-02) Quezada Paredes, Yanira Madeleine; Espín Meléndez, María Cristina
The right to life in the Republic of Ecuador is a right that is protected and guaranteed in the Ecuadorian legal system, which allows human beings to exercise fundamental rights due to their importance and being protected by law. No one can be arbitrarily deprived of life. However, there is an issue that directly affects this right, and that is abortion, which is widely debated in society. Opinions are divided: some are in favor and others against, but we must base our views on the law. Additionally, by expanding our research and focus, analyzing different regulations and a society that is more open, like Argentina, in relation to the right to abortion compared to the Ecuadorian regulations, through doctrine, laws, and jurisprudence, we can give way to different approaches. Even in Ecuadorian society, it continues to be a taboo, such as sexual freedom and the right to decide over one's body based on human dignity, physical, sexual, psychological integrity, health, autonomy, and privacy, which are enshrined in the catalog of rights of both legislations
Los derechos colectivos y el carácter no vinculante de la consulta previa
(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-10) Mora Hidalgo, Luis Renato; Espín Meléndez, María Cristina
The proposed research work is carried out in the constitutional field of collective rights and the non-binding nature of prior consultation, given that in Ecuador the lack of respect for such content by public and private bodies and institutions has been historic. The Constitution of the Republic of Ecuador, adopted in Alfaro Montecristi in 2008 and ratified by its constituents, establishes respect for the collective rights of indigenous peoples and nationalities and the application of free and informed prior consultation when carrying out activities involving the exploration and exploitation of any type of natural resource in their ancestral territories. However, in the absence of a clear, fixed procedure with all the necessary formalities for the implementation of this constitutional consultative resource, and in the absence of respect for the outcome of the consultation for the parties, the violation of these rights is evident. Therefore, by virtue of the above, it is imperative that a constitutional amendment be made in order to establish as binding the nature that prior consultation must have in relation to respect for collective rights and the direct application of constitutional principles such as opportunity, obligatory nature and participation.
La Desaparición Forzada en el Ecuador: Análisis comparativo con la legislación Argentina
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09) Pascumal Luna, Josué Jeremías; Espín Meléndez, María Cristina
This research undertakes a comprehensive investigation of the crime of forced disappearance, focusing on the legal contexts of Argentina and Ecuador. It evaluates the understanding of this crime among legal professionals, revealing a common view of forced disappearance as an act of crimes against humanity that warrants exceptional international attention and protection. The study scrutinizes the influence of the conventional precedent set by the Yrusta v. Argentina case on the interpretation of forced disappearance, with interviewees acknowledging its significance and suggesting that international entities' intervention may improve the handling of such cases. The paper concludes that there is a widely acknowledged need for reform in Ecuadorian law concerning temporary forced disappearance. Such reform would bolster national and international human rights protection standards. The need for detail and precision in such legislative changes is also underscored, without compromising the human rights afforded by both the state and international bodies.
El desarrollo integral de niños, niñas y adolescentes y la tenencia compartida en Tungurahua
(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-09) Silva Palacios, Marco Santiago; Espín Meléndez, María Cristina
This research work of vital importance, since the goal is to guarantee protection of the rights of a priority care group how are children and adolescents. It is also the minors who else are emotionally affected after a separation of the parents. What triggers disrespectful for the family environment. In this way, the investigation will allow that does not increase crime, drug addiction and alcoholism through procedures and techniques that allow integral development of the children. The research topic it is of great interest, as it will allow to give a solution to the problem posed, the absence of joint custody in the country. Likewise, will be checked if really necessary the incorporation of the joint custody to the Ecuadorian legislation. As the family is consider as natural society, the Government should serve it and enhace the defense of the fundamental rigths. Similarly, the research project of great impact. Well, as it has been explained during the development of this work, the actual situation of the minors with their parents separated is tragic. That looks, mostly, in their learning, family relationships and friends. Then, if a solution is given to the problem, its impact will fall in multiple benefits to children and adolescents, improving various aspects of their life. The draft is feasible to be done because it will count will all the support and criterion of judges and Judicial Units of Family, Women, Children and Adolescents, free practice lawyers and parent testimony affected by this legal vacuum.
La evolución de los derechos de los animales domésticos en el Ecuador: estudio comparativo con la legislación española y colombiana
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Verdesoto Naranjo, Ambar Tais; Espín Meléndez, María Cristina
Ecuador has been a pioneer in granting nature a status of subject of rights, intrinsically including animals, thus, the 2008 Constitution marked a milestone by creating a regulatory framework with great impact on animal protection, likewise, the Law Organic Animal Welfare (LOBA) regulates the treatment and protection of domestic animals, however, such legislative bodies still face a number of challenges. In contrast, Spain has an innovative legal framework regarding the protection of animals, likewise, its autonomous communities have powers to create their own laws that safeguard the integrity and dignity of animals, this due to the high positive influence of the European legal system, which has promoted higher standards of animal welfare. Likewise, Colombia has presented a significant evolution in terms of animal law, recognizing animals as sentient beings and establishing severe sanctions in case of mistreatment. This is how this research work revolves around "THE EVOLUTION OF THE RIGHTS OF DOMESTIC ANIMALS IN ECUADOR: COMPARATIVE STUDY WITH SPANISH AND COLOMBIAN LEGISLATION" since, although the protection of domestic animals has been progressively strengthened In the legal and social area in the world, this investigative work analyzes the evolution of these rights in the Ecuadorian state, comparing it with the legislation of Spain and Colombia, with the purpose of identifying advances, challenges and proposing improvements based on viable practices. For this, an exploratory study supported by the qualitative method is applied because it is based on a bibliographic review to conclude with a statistical study that allows quantifying the number of the population that conceives domestic animals as part of the family and society, in addition to verifying their reliability with respect to the Ecuadorian laws focused on safeguarding the rights of animals in the Ambato Canton, resulting in a considerable number of individuals who consider domestic animals as fundamental members of their family nucleus; likewise, there is evidence of a significant number of people surveyed who have little reliability in Ecuadorian animal protection laws, concluding that, although there is revealing progress in terms of culture and regulations with respect to animal rights, there are still various aspects that the state and the society must perfect
La extradición activa en delitos contra la eficiencia de la administración pública y la evasión del IUS PUNIENDI estatal
(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2020-07) Ríos Castro, Johana Elizabeth; Espín Meléndez, María Cristina
This research work shows the importance of introducing an undeniably relevant topic to the current national and international legal field. In this order, the referred investigation contemplates an exhaustive analysis of the Ecuadorian procedure of extradition in causes related to acts of corruption, through crimes against the efficiency of the public administration; what allowed us to conclude the confirmation of the link between this problem and the evasion of the power that allows the State to punish criminal behavior. The methodology applied responds to the qualitative paradigm, through which a deep study is presented that includes and explains the components and shortcomings of active extradition along with its relationship with the evasion of the Ius Puniendi. The development of this investigative work, therefore, includes the analysis of real and updated data obtained through the National Court of Justice, the study of a complete case of failed active extradition and the review of expert professionals, professors of Law; which facilitated the interpretation and perception of the various socio-legal effects of the problem treated. In summary, the research line contemplated the bibliographic-documentary, field and casuistic modalities, supported by exploratory, descriptive, correlational and explanatory levels. This as a whole determined the construction and presentation of this novel product for the social sciences that manifests itself through an insightful optic, destined to contribute through recommendations to the improvement of the active extradition procedure in Ecuador.
Las granjas avícolas y el derecho a vivir en un ambiente sano ecológicamente equilibrado en las zonas pobladas del Cantón Patate
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2016-05) Muñoz López, Diana Carolina; Espín Meléndez, María Cristina
To develop a research project is important to identify a problem that needs urgent solution. There are loopholes in the various areas of the law as it is necessary to provide legal tools that benefit the full compliance with constitutional mandates and really talk about the rule of law. In this project, after collecting data from various sources, including: the Constitution of the Republic of Ecuador, Environmental Management Act, TULSMA, Ministerial Agreement No. 061, Zoning Code of Autonomy and Decentralization, Development Plan Physical Planning and the canton Patate, is clearly evident that the presence of poultry constitutes a problem that directly affects the rights of the good life, in this case the right to live in a healthy and ecologically balanced environment in addition to the rights and principles nature, which are of primary interest to the Ecuadorian state., as mentioned in our Constitution in its dogmatic part. To help and solve this problem mentioned, it has proposed the creation of a municipal ordinance regulating the location of poultry farms through land use in the canton Patate, primarily taking into consideration the Territorial Development Plan and Land Use canton, in order to preserve the integrity of all its inhabitants and the environment, in addition to the GADM Patate assume the powers in land use, in order to achieve the good life (sumak kawsay) and significantly improve the quality of life of all Ecuadorians inhabitants. With the above who intended to make a review and analysis of this thesis has a general idea of the content and purpose of it and serve as a basis for future research, while the proposal shall be constituted as a legal tool for the benefit of society and the inhabitants of the village of San Cristobal de Patate.
El interes superior del niño en la instancia judicial y en el procedimiento administrativo aplicado por la junta cantonal de proteccion de derechos del canton Ambato
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Rodríguez Jiménez, Nelson Sebastián; Espín Meléndez, María Cristina
The principle of the best interests of the child, together with the rights linked to this principle, are recognized by national and international regulations, from which they are granted a superiority and prevalence of the rights linked to this principle, in relation to the rights of other persons, however, it is not always fulfilled, given that a clash has been identified between the right to due process and the rights related to the principle of the best interests of the child, and this is why this research is of importance. Research carried out with the objective of identifying the incidence of the principle of the best interest of the child from the application of the administrative procedure for the protection of rights used by the Cantonal Board for the Protection of Rights of the Canton of Ambato and the consequent judicial instance. In this case, a quantitative-qualitative or mixed approach was implemented, with a casuistic method, with the application of interviews to Judges of the Judicial Unit of Family, Women, Children and Adolescents of Ambato as well as to Judges of the Cantonal Board of Protection of Rights of the same Canton, surveys to lawyers who know the subject, and, the analysis of sentences and resolutions; obtaining as results that 69. 1% of those surveyed consider that there is an affectation to the principle of the best interest of the child as a consequence of the sentences in which the nullity of the administrative process is declared, a fact contrasted from the different interviews made to Judges, who almost in their totality, kept the same criterion. Concluding that there is indeed a violation of the principle of the best interest of the child as a result of the declaration of nullity by means of an appeal sentence, which with its retroactive effect causes the members of the JCPD to carry out a new reserved hearing on the minor victims, generating their revictimization; this could be remedied by the compliance of the hearing of evidence in the administrative sphere and, in the judicial sphere, by the fact that the sentences with the declaration of nullity leave aside the proceedings that could generate this revictimization
La justicia indígena y los tratos crueles e inhumanos en el cantón Ambato
(2015) Barrionuevo Silva, Lilian Jazmina; Espín Meléndez, María Cristina
Actualmente al revisar la normativa jurídica de nuestro país podemos evidenciar que en la Constitución de la República del Ecuador no se especifica el alcance que tiene la Jurisdicción Indígena, y al ser independiente la administración de justicia otorgada por nuestra Constitución a estos grupos comunitarios hemos notado que los castigos infringidos por los líderes de las comunidades indígenas violentan los Derechos Humanos de los procesados dando paso a la tergiversación de las sanciones establecidas por los miembros de las comunidades lo que es tema a tratar dentro de esta tesis, y se llega a evidenciar la no aplicación de los derechos y principios constitucionales, razón por la cual la investigación evidencia la afectación de los Derechos Humanos. Al momento de visualizar dicho problema, es necesario investigarlo para poder cumplir con el principal objetivo de la Constitución, el cual es el respeto a los Derechos Humanos, además de precautelar los principios constitucionales que son inviolables pero que por diferentes circunstancias estos se han visto perjudicados en nuestro cantón, y que gracias a la creación de las Fiscalías de asuntos indígenas se ha tratado de evitar la violaciones de tales Derechos y la afectación del sistema de justicia. La presente investigación está enfocada al planteamiento de una propuesta que se ve encaminado en la creación de un Acuerdo de Compromiso en la Comunidad de Illagua Chico Parroquia de Quisapincha el Cantón Ambato en lo referente al procedimiento de aplicación de Justicia Indígena, puesto que dentro nuestra normativa no se ha especificado lo que se debe hacer o de qué manera se va a sancionar al miembro que cometa una infracción dentro y fuera de la Comunidad, por lo que dentro de la aplicación de Justicia Indígena en dicha comunidad ha vulnerado los Derechos Humanos consagrados en la Constitución de la República del Ecuador, y con esta Acta de Compromiso se pretende regular la aplicación de Justicia Indígena dentro de esta comunidad.
Las políticas sociales del adulto mayor, y el ejercicio de sus derechos en el cantón Baños, Tungurahua
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-05) Pérez Curillo, Elena Maribel; Espín Meléndez, María Cristina
Older adults are part of the priority care group recognized by the Ecuadorian State, to guarantee the protection and care of the elderly, the Constitution of the Republic of Ecuador in its article 38 establishes social policies and care programs in favor of this group, also due to their vulnerable condition, where it seeks to implement new activities for the best exercise and quality of life, since we do not have sufficient resources. The main objective of this research work focuses on "Analyzing the effectiveness of social policies for the elderly, and the exercise of their rights in the Baños canton of the Tungurahua Province"; for which it has been necessary to apply the qualitative-quantitative method, with the use of the descriptive and explanatory type of research. Data was obtained by applying techniques and instruments such as the survey directed to the elderly and interviews directed to the authorities of the Baños canton linked to the protection of the rights of the elderly. Consequently, it was concluded that 64% opt for an improvement in health, due to their advanced age, at which they begin to have problems in the course of their life and their opinion is not taken into account to improve social services, which added to the lack of knowledge of this problem in the Baños canton does not have social policies towards the elderly in the canton.
La Legalidad Y Legitimidad de las Resoluciones del GAD 11 De Noviembre del Cantón Latacunga, Provincia De Cotopaxi
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09) Chiluisa Santo, Antony Alexander; Espín Meléndez, María Cristina
Legality is based on the application of the principle of legality and is closely related to the law as a source of rights. Legitimacy, on the other hand, refers to the consensual validity given to an act or authority, regardless of the required formalities. The issuance of administrative acts, such as Parish Administrative Resolutions, becomes problematic when the law is not correctly applied, which can have serious legal consequences. The Ecuadorian Constitution establishes that legal certainty is based on respect for the Constitution and prior, public, and clear rules applied by competent authorities. The research focuses on critically analyzing the Constitution and other national norms regarding the motivation, legality, and legitimacy of administrative acts. Resolutions issued by the Autonomous Decentralized Parish Government of 11th of November in specific years will be examined as a guide. It is essential to highlight the importance of legality and legitimacy of administrative acts as a constitutional guarantee. Resolutions from the public authorities must be properly motivated and in line with the Constitution. The lack of knowledge of legal norms by individuals in public positions who issue regulations or resolutions can lead to serious problems, as it disregards the legal requirements and may result in challenges and nullification of documents. Conducting a legal review is necessary to prevent an Autonomous Decentralized Government from being in a precarious situation when issuing invalid resolutions. In a rule of law, the state organ can only act within legal limits, while individuals who are not part of the state can do anything not expressly prohibited.
Mediación comunitaria como medida preventiva en los conflictos vecinales del cantón Ambato
(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-09) Luna Almeida, Sara Camila; Espín Meléndez, María Cristina
The Ecuador Constitution recognizes mediation as an alternative method of conflict resolution, which allows that, within the collective development of Ecuadorian society, it is applied a culture of peace, through mediation in the different conflicts that arise in the country. Community mediation is directly related to neighborhood conflicts that occur in the parishes of Ambato, which currently, reflects a number of problems between neighbors, generating a social and community welfare imbalance, therefore, knowing the variety of conflicts that are generated in these areas, it is vital to ask for a community mediation as a preventive action that emphasizes a culture of peace. For this reason, the objective of this research is to determine the benefits that constitute the application of community mediation in the canton of Ambato, giving a positive response to the mechanisms of conflict resolution as a preventive solution against the problems that are generated in the parishes of Pinllo and Picaihua, avoiding that people go to ordinary justice and that they are considered an expense in resources and time of the Ecuadorian State. The methodological approach applied consists of a descriptive and explanatory study, which is immersed in the research line of exclusion and social integration; allowing to obtain a positive result and to know those benefits generated by the application of a community mediation as a preventive solution for conflicts.