Browsing by Author "Jordán Buenaño, Jeanette Elizabeth"

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Análisis de los códigos de convivencia y su eficacia como herramienta para la solución de conflictos en la mediación escolar
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-02) Almendariz Santamaria, Johana Alexandra; Jordán Buenaño, Jeanette Elizabeth
Educational institutions have the obligation and responsibility to create rules to regulate the way of solving conflicts between all their members, to encourage a peace culture that promotes adequate stability and optimally guarantees the education right; consequently, educational institutions must consecrate a code of coexistence that allows solving internal conflicts and maintaining a harmonious environment. Although educational institutions establish coexistence codes, the importance of doing this research lies on identifying how effective they are when it comes to solving conflicts, and from there arises the need of knowing how these rules are applied for the solution problems, if its regulations are made according to school needs or if its content recognizes school mediation. The applied methodology is documentary and field research through surveys carried out with students from eighth to third level of high school; therefore, the research line of the present work is social, democratic and educational strengthening. Finally, it is concluded that the students have knowledge about school mediation and recognize that it is executed as an alternative method of conflict resolution in some educational institutions; However, when it comes to the analysis of the coexistence codes, it is verified that in some codes school mediation is not determined, which generates a legal void and that could also cause inconveniences when mediation is applied to solve school conflicts.
Analisis juridico de los métodos alternativos de solución de conflictos para su aplicación en la justicia restaurativa
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09) Piaun Solís, Anthony Marcelo; Jordán Buenaño, Jeanette Elizabeth
The investigation entitled: "LEGAL ANALYSIS OF THE ALTERNATIVE METHODS OF CONFLICT SOLUTION FOR ITS APPLICATION IN RESTORATIVE JUSTICE", is framed within the law through the use of alternative conflict resolution mechanisms, where its objective is to analyze the feasibility of implementation of Restorative Justice within Ordinary Justice in crimes of public action for minor crimes, promulgating a positive change, and generating a culture of peace in society. The methodology applied for the development of the research has been qualitative and quantitative. Qualitative because it describes the most important aspects of alternative conflict resolution methods and Restorative Justice, as well as Quantitative through the collection of data through field research, presenting a contrast between the doctrinal and legal part, versus to the current reality of justice in Ecuador.
El conflicto familiar y la vulneración de los Derechos del Menor a las visitas en los Juzgados de la niñez y adolescencia del Cantón Ambato.
(2013) Jordán Buenaño, Jeanette Elizabeth
El presente tema de investigación se trata del estudio del conflicto familiar y la vulneración del derecho de los menores a las visitas, pues se inicia analizando por qué se genera el conflicto familiar, los aspectos relevantes del mismo y las consecuencias en los desacuerdos entre progenitores, que terminan en la restricción total o parcial de la relación paterno o materno filial, además establece la importancia que tienen las visitas porque crea un vínculo de afectividad con el progenitor ausente del hogar. Otro de los motivos analizados es la vulneración de los derechos del menor por las ofensas, agravios entre los progenitores que provocan en los hijo la desprotección y desamparo, ya que en toda discrepancia que se produce en la pareja, sea por maltrato físico, psicológico, afectan directamente al estado de ánimo del menor, pues los insultos constantes con palabras crueles que se dicen los padres afecta al menor, sintiéndose culpable de los problemas de sus progenitores, sin darse cuenta el daño que están causando a sus hijos como consecuencia de sus problemas personales, producto de estos inconvenientes los progenitores pierden la atención y dedicación adecuada que por ley y moral les corresponde hacia sus hijos, creando en ellos la desconfianza y desmedro en el cariño y amor hacia sus progenitores. En la presente investigación se plantea una alternativa al problema, ya que se espera que la solución del problema planteado sea mediante la aplicación de la mediación en todos los procesos de visitas, con la finalidad de llegar a una solución rápida, oportuna, sin tener que acudir a la justicia ordinaria y el desmedro total de la comunicación entre padres e hijos.
El derecho de alimentos: La situación económica del alimentante y las pensiones alimenticias adicionales
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-02) Wilmer Santiago, Parra Pérez; Jordán Buenaño, Jeanette Elizabeth
The present investigation is going to analyze the economic protection of the obligor against the additional child support, which represent an important point since the world economic crises because affect the economic condition of the obligor that many times even if he wants to cover his obligations he doesn't have the possibilities to do it, the importance of establishing the weighting of rights and the application of the principles of proportionality and equality is crucial to defend his financial situation, The methodology applied for the development of this research has been qualitative and quantitative, the line of research that has been used is: public policies, law and society, arriving at the following conclusions: "the economic situation of the obligor is affected by the payment of the additional child support": public policies, law and society, reaching the conclusion that the fourteenth, several times over pass the unified basic salary; the thirteenth, should be distributed adequately to each of the members that make up the family and likewise to the children who are outside the pension. The reason why it is intended to reinforce the economic protection of the obligor
La eficacia de constituir sociedades por acciones simplificadas (s.a.s) en los emprendimientos
(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-06) Hinojosa Guilcaso, Karol Tatiana; Jordán Buenaño, Jeanette Elizabeth
In this research, it has been determined that the Simplified Joint Stock Company (S.A.S.) is a new corporate model, which was implemented in Ecuador at the end of February 2020. As a result of the incorporation of the recent Organic Law of Entrepreneurship and Innovation to our legislation and, likewise, causing a reform to the Companies Law. It should be noted that this company has an inter-institutional legal framework that facilitates the creation, execution, operation and cancellation of ventures. Since its incorporation process is much more simplified and flexible, since it can be carried out under a unilateral act or contract that does not require notarial procedures, in other words, all its formalities are completely free of charge. On the other hand, the purpose of this corporate figure is to achieve the consolidation of formal commerce, which guarantees entrepreneurs an equality of competences in the market. The methodology of this research work was based on the investigation and analysis of real data obtained from the subjects of study, which in this case were the entrepreneurs and the Superintendence of Companies of the canton of Ambato. Using a mixed qualitative and quantitative approach, which allows for a theoretical and statistical approach. Supported by a field exploration that, through the application of surveys and interviews, exposes the legal and social reality in which the entrepreneurs and the simplified stock company find themselves.
La filiación post mortem y las técnicas de reproducción asistida
(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2021-01) Carrasco Céspedes, Luis Marcelo; Jordán Buenaño, Jeanette Elizabeth
At present, assisted reproductive techniques are a very common process that couples access; So the law has the obligation to adjust to scientific and technological advances; However, in the Ecuadorian legislation specifically on the case of this investigation, nothing refers to the recognition of a child born through assisted reproduction techniques after the death of its parent. Therefore, due to the importance of the rights involved in filiation through assisted reproduction techniques, post mortem, it is important that this social and legal problem be regulated in Ecuador; just as they have carried out in various countries of the world. For this research, it is necessary to specify the various scenarios in which parental consent can be carried out in order to grant post-mortem parentage; It is important to analyze the legal effects, such as the right to identity of the minor born through an assisted reproductive technique; It is also important to take into consideration international regulations, as well as international jurisprudence.
El impacto de la mediación escolar en las instituciones educativas como medida de fomento de paz y dialogo en las sociedades futuras
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-02) Durand Espinosa, Roxana Mishell; Jordán Buenaño, Jeanette Elizabeth
This degree work with the theme: "THE IMPACT OF SCHOOL MEDIATION IN EDUCATIONAL INSTITUTIONS AS A MEASURE TO PROMOTE PEACE AND DIALOGUE IN FUTURE SOCIETIES", is framed in the field of Mediation and its focus on school education, as a measure to seek a culture of peace in future societies from an early age. It is a comprehensive research project where law, school mediation and psychology are combined, in order to demonstrate the importance and significance of the incorporation of School Mediation within educational institutions in the country. Teaching children from an early age can break stereotypes, old thinking, modernize cultures, and encourage the use of alternative conflict resolution techniques for future societies. Children and adolescents are the future of tomorrow and that is where we must start working, only in this way will we achieve positive changes in the future, breaking past mentalities. The research project is aimed at preventing conflict in educational units in the province of Tungurahua, both public and private. In addition, an analysis of emotional intelligence is presented, an analysis of how human beings react to different situations where our brain sends an alert to the body in order to react or have a negative or positive result in the face of a conflict. The culture of peace is one of the purposes that the government has raised through the Constitution of Ecuador of 2008 in its article 3 within the primary duties of the State specifically in its numeral “8. Guarantee its inhabitants the right to a culture of peace (…) ”, which is why the culture of peace is constituted as a right in Ecuador. (Constitution of the Republic of Ecuador, 2008). Children and adolescents are able to learn alternative conflict resolution techniques from an early age, as is done in other countries such as Latin America and Europe.
Implementación de la Mediación Comunitaria para la Resolución de Conflictos de las Parroquias Rurales del Cantón Ambato
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Flores Coba, Johana Elizabeth; Jordán Buenaño, Jeanette Elizabeth
Community mediation is presented as an alternative tool for peaceful conflict resolution that enjoys legal recognition in Ecuador. The importance of this project is to culturalize and disseminate community mediation in the rural parishes of the Ambato canton for the solution of interpersonal and transmissible conflicts since with the implementation of this MASC respect, communication and a culture of peace between citizens. The general objective is to implement community mediation in the resolution of conflicts in the rural parishes of San Fernando, Pasa, Quisapincha and Pinllo belonging to the Ambato canton, for which the most frequent conflicts were diagnosed in each of the parishes indicated above. establish and apply community mediation strategies that were socialized to the population with the support of the parish GADS and in this way use dialogue in the face of differences and avoid resorting to ordinary justice. The methodological approach used consists of an exploratory and descriptive study that seeks to have an approach and familiarization with the form of resolution of transmissible community conflicts as well as the description of the process and basic characteristics of community mediation based on research techniques such as survey to collect relevant information, which allowed us to obtain as a result the main conflicts that the inhabitants of these parishes go through as well as their predisposition to submit to this MASC taking into account the multiple benefits it provides compared to the traditional justice system. In conclusion, in these parishes there are transmissible conflicts that are susceptible to community mediation since there is citizen voluntariness to resolve conflicts in a different way, therefore, the application of strategies such as dialogue, active listening, emotional intelligence is needed., etc., techniques that were initially socialized in the parish of San Fernando for the future implementation of community mediation centers. It should be noted that the topic of this degree work belongs to the research project called “Community Mediation as a Culture of Peace in the Rural Parishes of the Ambato Canton
Los jueces de paz y el derecho constitucional de acceso a la justicia en Tungurahua
(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-09) Sánchez Gavilánez, Joselyn Andrea; Jordán Buenaño, Jeanette Elizabeth
Justices of the Peace have been incorporated into Ecuadorian Legislation, as a way to improve the Judicial System. In such case, the Magna Carta of Ecuador in 1998 (Const, 1998, art. 191) already recognizes the existence of the Justice of the Peace in charge of resolving community conflicts caused by equity. However, the application of the system demonstrated various inconsistencies and flaws and didn’t produce the desired outcome. As mentioned, in the Constitution of 2008 (Const, 2008, art. 189) the blueprints of this legal figure were restored. Paradoxically, these continued preconceptions continue being ineffective when guaranteeing optimum access to the Justice System. It is well established, that the intention of the judicial role in creating the Justice of the Peace is about gaining justice for those in rural areas of the country. However, the lack of objectivity and interest in the system doesn’t allow to break down the long existing financial and geographical barriers which separate these people from normal law. In such instances, it is vital to evaluate the legal and social aspects which impact on their effective application. In the same way an investigation is required to highlight the range and execution of conflict resolution through the Justice of the Peace. In this ruling, the Justice of the Peace is charged with issuing conciliation acts and equity resolutions to solve the dispute. However, there are no educational requirements to be a Justice of the Peace, in such case the lack of an academic background leads to a society doubting the effective protection and legal security of their rights. Furthermore, there doesn’t exist a legal measure to resolve such cases in the instance of one party not complying. Under these considerations, it is necessary to know the use of these regulations. A measure that will contribute with the State to adopt such necessary measures will benefit the most forgotten in our society, those in rural areas and those in need of means to effectively access their right to the legal system.
Juicio político en el Ecuador y la facultad fiscalizadora de la Asamblea Nacional
(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-01) Taco Herrera, Evelyn Germania; Jordán Buenaño, Jeanette Elizabeth
The legal institution of impeachment was born as a parliamentary procedure through which the legislative body can impose sanctions on certain government officials when they are deemed to have engaged in legally inappropriate conduct; impeachment is an instrument for the exclusive use of the legislative function who indirectly exercises the will of the people through its supervisory power. In this sense, the political trial constitutes a constitutional process whose purpose is to materialize the principle of responsibility enshrined in the constitution. Through this institution is of a mixed nature due to its political and legal origin; The purpose of this legal institution is to investigate the conduct of the high-ranking authorities in order to determine their political responsibility and apply the corresponding sanctions. The investigation determined the way in which the State's supervisory power currently performs in the face of a political trial, the way in which it is accepted or disposed of due to the political preferences that are in charge of the Oversight and Control Commission. Political. The study revealed the affectation suffered by the supervisory power of the National Assembly in terms of political trials since, as it has been shown, there are irregularities when recommending or not a political prosecution by the commission of political control and oversight, demonstrating in this way that the control depends on the political situation that the current government exercises, thus damaging the representative democracy of the country. The research was based on qualitative methodology through interviews with people specialized in political science, such as advisers, assembly members and legal experts, the development was carried out through the theoretical, doctrinal and legal foundation of aspects related to impeachment and the supervisory power of the National Assembly, in order to determine the incidence of the impeachment process in the supervisory power of the legislative body and develop legal criteria in relation to the supervisory power of the National Assembly in relation to the impeachment process. The result of the investigation makes possible a reform in the organic law of the legislative function where it is tacitly established that the qualification for impeachment is carried out by the plenary session of the National Assembly and not only by unanimous decision of the oversight commission.
La Inteligencia Artificial y la Mediación; Implicaciones Jurídicas Desafíos y Oportunidades
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-28) Gómez Ordoñez, Irvis Paul; Jordán Buenaño, Jeanette Elizabeth
Mediation worldwide is incorporated as an alternative method for conflict resolution in the legislative bodies of different countries, to a greater or lesser extent. The objective of this research is to determine the legal implications, challenges and opportunities of artificial intelligence in mediation, as an alternative method for conflict resolution. It was held in Ambato, Tungurahua. The theoretical framework includes the review of different materials and publications indexed in reliable databases. To analyze the current state of artificial intelligence (AI) and mediation, surveys were applied to the population and lawyers, in addition to interviews with judges and mediators. For information processing, segmentation by thematic axes was applied, through a grid. The results obtained reveal various legal implications, several challenges and opportunities that, without distinction, include that society recognizes mediation as an extrajudicial process to resolve disputes. Likewise, the recognition by judges, lawyers and mediators of the advantages of mediation, and the convenience of using AI in its execution, is very favorable. There are no regulations that regulate the application of AI in mediation. It is concluded that in Ecuador mediation is not used in all possible areas; The preparation of mediators and the culture of peace are insufficient to reduce litigation. The relationship of AI, in the resolution of conflicts, is incipient and the accelerated changes that this technology undergoes, forces us to permanently review its application. Consequently, the development of information programs for society on the benefits and advantages that mediation offers in support of the administration of justice is recommended; improve the technological infrastructure, to assimilate the changes associated with the use of AI, in the mediation processes, coupled with the constant preparation and training of the specialists in charge of its application. In Ecuador, specific laws must be enacted that regulate the use of AI, including regulations that regulate the application of AI in mediation, for conflict resolution.
El manejo de los residuos electrónicos y el derecho de la reparación integral al ecosistema en el Ecuador
(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-09) Zambrano Delgado, Kimberly Nathaly; Jordán Buenaño, Jeanette Elizabeth
Environmental pollution is a problem of global interest, due to its excessive growth that has been harming the normal development of life on the planet. The present research work aims to carry out an analysis of the environmental impact caused by electronic waste(e-waste) in Ecuador. For this reason, different scientific and legal texts were analyzed on the environmental damage caused by the inappropriate use of electronic devices and the polluting chemical materials they contain, for the environment. Through the study of international judgments and declarations it was found that nature requires more attention in detail as far as comprehensive reparation is concerned. In addition, through citizen surveys and interviews with environmental professionals, it has been found that the procedures and treatments they give to e-waste are not adequate, with the result that, the citizenry considers e-waste as common garbage, while environmental managers adopt alternative treatment processes to fill the regulatory vacuum that exists regarding the management of electronic waste in the country. Despite the existing constitutional support and environmental protection, this is a problem that requires relevant attention and action. Finally, it is emphasized the importance of the State and the Decentralized Autonomous Governments in generating plans, manuals, protocols and sanctions to make viable and implement projects for effective treatment in the recycling of this waste, establishing a dignified and real environmental comprehensive repair, this in accordance with the constitutional and environmental precepts invoked by Ecuadorian norms.
La Mediación como Mecanismo de Solución de Conflictos en Tiempos de Crisis y Conmoción Social
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-03) Calucho Aguilar, Emily Lizeth; Jordán Buenaño, Jeanette Elizabeth
The study was born due to the lack of mediation that will affect Ecuador during the crisis and social commotion due to indigenous mobilizations, being essential to verify the importance of this conflict resolution mechanism. A qualitative approach was produced through documentary research, where verifiable information with characteristics of the problem was collected through interviews, which led to knowing the root of the problem. Through the results obtained through the interviews, it was possible to understand the real issue behind the indigenous mobilizations and the lack of dialogue on the part of the government. Finally, it was concluded that mediation is a necessary mechanism for the benefit of both parties because it is essential that there is communication to achieve improved agreements within society
La mediación comunitaria como medida preventiva de solución de conflictos en las parroquias rurales del Cantón Ambato
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Freire Patiño, Jéssica Paola; Jordán Buenaño, Jeanette Elizabeth
Community mediation is an alternative conflict resolution mechanism that has constitutional support when implemented within the national territory for the formation of a culture of peace. Being important for the creation of new environments of human coexistence as there is opposition of interests, it reduces the procedural burden on justice systems and binds the parties to be the ones to take control of their problems and not break their relationships. Reflecting that there are countless controversies between the members of a community, which are transmissible matters, and that should be addressed by this method in an efficient and effective manner. In this sense, the objective of the research is to determine the effectiveness of community mediation as a preventive measure in the resolution of conflicts in the parishes of Santa Rosa, Juan Benigno Vela and Pilahuin of the Ambato canton. Information was obtained through a methodology with a quantitative and qualitative approach, in the application of surveys to inhabitants of the sectors, as well as the identification of doctrine attached to the prevention of disagreements, avoiding the escalation of the conflict and opting for the use of voluntariness. and dialogue as a satisfactory resource. Among the results obtained, there are boundary and land conflicts with 44%, 31.62% due to livestock theft and 18.14% due to lack of communication, leaving a surplus of 6.05% for the other response options such as violence, noise, cleanliness, among others. Same as applying preventive strategies such as active listening, learning to apologize, ask and question how the problem arose, knowledge of psychological techniques and the dissemination of this MACS in masses contributes to their respective knowledge, using appropriate doctrinal methods, and In a special way, as it is an initial phase of the conflict, the Harvard School is required for its prevention. It is recommended to carry out training for leaders of the different communities, expanding the reception of community mediation. Adding that this research work is supported and belongs to the project “Community Mediation as a Culture of Peace in the Rural Parishes of the Ambato Canton
Mediación comunitaria: análisis de aplicabilidad como medida preventiva en conflictos de violencia intrafamiliar
(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-09) Vargas Gómez, Laura Patricia; Jordán Buenaño, Jeanette Elizabeth
Currently, one of the biggest problems is domestic violence, especially the one against women at home. Violence is a direct consequence of the environment in which people live, meaning that the more violent the environment is, the more likely people are to replicate these harmful behaviors. This research project is justified in the social sphere, in the need to create spaces that allow facing domestic violence through the use of extrajudicial methods such as community mediation. This research project exposes proposals such as mediation to face this problem, in which the actors of the family are involved and at the same time to generate spaces for pacification and peace culture. In addition to proposing community mediation as a way to resolve conflicts in all environments and consequently decongest the justice system. Thus, this research aims to explain the feasibility of using community mediation as a preventive measure in domestic violence conflicts, within the rural parishes of Juan Benigno Vela and Totoras. Through the application and analysis of investigative instruments such as the survey and interviews with indigenous leaders, experts on the subject of mediation, political lieutenants; as well as the residents of each community. The aforementioned, will obviate the need to apply mediation as a preventive measure, through the three dimensional analysis that will support the hypothesis of this investigation.
La mediación escolar en los centros de adolescentes infractores como medida de prevención para la no reincidencia
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-02) Valencia Ulloa, Jorge Paul; Jordán Buenaño, Jeanette Elizabeth
The present work of degree with the topic "SCHOOL MEDIATION IN THE CENTERS OF ADOLESCENT OFFENDERS AS A PREVENTION MEASURE FOR NON-REINCIDENCE", is an investigation that is part of a research project of the Technical University of Ambato of the Faculty of Jurisprudence and Social Sciences approved by Resolution No. UTA-CONIN-2020-0319-R with the topic "Implementation of school mediation in middle-level educational institutions of the canton Ambato", and whose purpose is to show what the impact of the incorporation of School Mediation within the Centers for Teen Offenders, to teach minors from their technical classrooms that help them get away from conflict circles. Taking into account that the Adolescent Offenders by taking advantage of a socio-educational measure, their right to freedom is restricted, but under no circumstances their right to Education, so it is a priority of the Ecuadorian State through the Ministry of Education and the Centers of Teen Offenders are responsible for ensuring that this right is not undermined under any circumstances. School mediation aims to be an ally for educational institutions teaching young people to resolve their conflicts through dialogue, avoiding negative emotions and even violence, with the purpose of avoiding the recurrence of conflicts that harm their studies and their daily life. Mediation is already applied in Ecuador in different judicial aspects and especially in the context of the global pandemic that we face due to COVID-19 has represented to be a great ally of justice, so this research aims to show that it can also be an ally of the academy, thus establishing a culture of peace in young people
La mediación y la solución de conflictos en la Parroquia Mulalillo del Cantón Salcedo Provincia de Cotopaxi
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-05) Torres Lozada, Diego Marcelo; Jordán Buenaño, Jeanette Elizabeth
This research has as its theme: "Mediation and conflict resolution in the Mulalillo Parish of the Canton Salcedo Province of Cotopaxi", which is the starting point of this work. In our supreme law, it expressly states that the law of arbitration and mediation is recognized as an effective procedure for reaching a solution to a conflict, but in Ecuador citizens do not know about mediation and go to ordinary justice, which causes them to accumulate The processes in the different entities of justice at the national level and the most worrisome is to live in a culture full of conflict problems, aggravating with the passage of time, when the solution is clear and visible in the law. Mediation is the only effective way to resolve conflicts; Man is born in the face of a conflict, grows in front of it and sometimes dies in it, ordinary justice did not get to give the solution and if it was given at a high cost, Its great remedy is mediation. According to the results obtained in the surveys carried out in the Paralquia Mulalillo del Cantón Salcedo, regarding the alternative methods of conflict resolution, we can observe that the majority of the population does not know about These methods, then we verify that a training in this sector is necessary to make known the different methods of solving existing conflicts in our country and that are in accordance with the law. At present people are accustomed to live in a world full of problems, litigation this is most evident in the villages where lack of knowledge of alternative means for conflict resolution are approaching the courts where a problem takes months even in cases until Years in being solved, in this way causing the different entities of justice to collapse of processes that could be solved quickly and effectively if we applied mediation and arbitration.
La objeción de conciencia en el proceso de inoculación durante la pandemia COVID- 19
(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-05) Maldonado Silva, Andrés Eduardo; Jordán Buenaño, Jeanette Elizabeth
Conscientious objection is a constitutionalized freedom right, which the state grants to the individual, permissibility to object prior justification to the normative imperative. During the inoculation process against Covid 19, certain resistant groups have been identified that boost herd immunity, hindering the eradication of the risk of infection that exacerbates the health crisis. Religious identity and practice, indigenous culture and ideological manifestations are primary factors that inevitably affect the behavior of the individual. The cultural heritage of each social regime, the universality of change and progress is not indifferent to the human race; however, the coercibility of the state is not optional when individual freedom limits the freedom of others in law. It is essential to study and analyze through investigative tools, the ontological approach and appreciation of the conjecture in individuals or minority groups, incorporating particular information to resolve the substantial problems that arise from the social and legal fact. The problem does not lie in the individual or groups opposed to the norm, it is the same legal body that allows the collision between principles in the first place, and through the analysis, interpretation and weighting of the hypothetical controversy it is corrected by the judiciary subject to the control of constitutionality; fairly by limiting or restricting one principle to the other. A potiori, the state in compliance with its duties and powers is the pertinent entity to solve the collision of principles through the judiciary, it is the executor of suitable and evaluable public policies in order to eradicate the incipient problems.
El régimen de visitas en la separación de los padres en el Cantón de Ambato
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-06) Fiallos Castro, Daniel Filiberto; Jordán Buenaño, Jeanette Elizabeth
The present research work was prepared to know diverse problems that exist in the visits diet in the separation of the parents, like the schedule of visits, economic situation and the main problem that was the alienation syndrome parental (SAP), which arises because the ex-spouses do not maintain a good communication therefore they express discrepancies that it hurts to the children, these problems are based under the theoretical frame that he speaks that is every problem and that it is necessary to realize to improve and to solve this situation, as well as the laws principally it is in base of the Code of the Childhood and Adolescence, the same one that frames articles as 120.121 and 126 regarding the diet of visits, which allow that the rights of the minors not to be damaged as well as it is allowed to the father to see its children and this way to maintain the coexistence nucleus, therefore there appeared a model of diet of visits in which there is included the professional support of social workers and psychologists, who must be dependent on the minors and on that fulfills the stipulated for the judge to avoid disadvantages and damages to the minor.
El régimen de visitas y el síndrome de alienación parental como forma de maltrato infantil
(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2020-11) Fogacho Mora, Irma Hypatia; Jordán Buenaño, Jeanette Elizabeth
The purpose of this research work is to guarantee the right of minors in relation to the visitation regime, to family stability enshrined in our Constitution of the Republic of Ecuador; under the norms established in as a state of rights and justice; Due to the fact that there are forms of child abuse against the rights of the minor towards her parent who is not in possession, by the parent who is in her care. International law and the inter-American convention guarantee children and adolescents a family harmony and equal rights between parents. The reciprocal rights and duties of the parental relationship is a fundamental right that until now has not been fully effective, even with the full support of international organizations, declarations and conventions to ensure Parento Filial interests.