Browsing by Author "Montero Solano, Juan Pablo"

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Los actos administrativos y la motivación en el debido proceso como garantía constitucional en el sistema integrado de seguridad ecu 911 Ambato
(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Comunicación Social, 2022-09) Ponce Molina, Edison Fernando; Montero Solano, Juan Pablo
This investigative work entitled: "Administrative Acts And Motivation In Due Process As A Constitutional Guarantee In The Integrated Security System Ecu 911 Ambato", focuses mainly on the inalienable rights that belong to workers in a dependency relationship and where the levels hierarchical have the obligation to guarantee them by seeking a fairer and more equitable employment relationship; however, after an administrative act resulting from a breach by the worker where the worker in a dependency relationship is granted the right to defense, not having adequate regulations to motivate an administrative sanction, it is not guaranteed that the administrative act is a guarantor of inalienable constitutional rights and generates various inconveniences when requiring the worker to deliver a quality service to the citizenry. The current Ecuadorian legislation does not have an adequate regulation for the application of the motivation in the administrative acts; When the application of an administrative act arises, violations of its application are generated to require the public servant to provide a service. As it is considered a legal vacuum, it is currently considered that the lack of this figure in the application of the Administrative Acts would violate constitutional rights. For this reason, it is important for the State to realize the need for a regulation to motivate administrative acts where it can bind and guarantee the correct application of an administrative act that seeks compliance with the rights of citizens to receive a quality public service; as well as respect for the laws that are in force and the Constitution of the Republic of Ecuador. This research work tries to implement a regulation for the correct application of the Administrative Acts, with an adequate motivation within the due process, it will show a clear reduction of failed administrative acts lacking motivation and they would become applied acts that guarantee the provision of services. an effective public service to the citizenry respecting the rights of the worker
La adopción por matrimonios igualitarios y su incidencia en el principio del interés superior del niño
(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado: Maestria en Derecho, Civil y Procesal Civl, 2023-03) Vargas Castillo, Ana Gabriela; Montero Solano, Juan Pablo
The present work of degree tries to determine if the adoption by equal marriage affects the best interest of the child. The applied study was qualitative, with a type of exploratory and correlational research about the current situation of Ecuadorian legislation that encompasses the issue of the right of adoption. The research modalities to be used are bibliographical-documentary research and the triangulation of theories. The sample is determined specifically in the sentences issued by the Inter-American Court of Human Rights. The results obtained were five documents, the sentence Atala Riffo and girls Vs Chile, the reparation fund of the case, Art. 1, 24 and 19 of the Convention. Of these, the Atala Riffo case was determined to be relevant for the study, as a specific document to carry out the analysis of the standards of conventionality. Regarding the theoretical and doctrinal foundation regarding adoption by equal marriage and the evolution of Family Law, the formation of homoparental families, like heterosexual families, have a social responsibility with the sons and daughters that comprise it. Likewise, regarding the standards of conventionality developed by the Inter-American Court of Human Rights regarding the analyzed premises, it is clear that it does not directly or indirectly affect the best interests of the child.
Análisis jurídico sobre la repartición de ingresos originados por obras creadas por inteligencias artificiales
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-08) Sánchez Villacís, Joseph Adrián; Montero Solano, Juan Pablo
The present research work titled "Legal analysis of the distribution of income generated by works created by artificial intelligence" primarily focuses on detailing the legal problems that arise when using artificial intelligence (AI) systems to generate a work, due to the lack of effective legal regulations governing the use of AI systems. As a result, multiple legal gaps exist, leading to conflicts at the legal level, particularly in the area of intellectual property rights, considering the creation process employed by AI systems.Therefore, it is pertinent for the government to take the necessary measures, such as urgently updating the legal regulations related to intellectual property, by incorporating the guidelines proposed by international law. Additionally, it is crucial for the government to commit to implementing the necessary mechanisms to address a problem that has a significant economic impact and is gaining strength due to the continuous technological advancements in AI. The topic is of great interest, as the research is framed within a growing issue. Similarly, this work advocates for the establishment of legal guidelines aimed at resolving the problem of income distribution in works created by artificial intelligence. These implications have emerged with recent technological developments.
La cobranza persuasiva y la eficacia de los procedimientos coactivos en la Universidad Técnica de Ambato
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Caillagua Suntasig, Antony Sebastian; Montero Solano, Juan Pablo
One of the most significant contributions disbursed by the central government in Ecuador is directed to higher education, so the administrative authorities of the various institutes and universities in the country must implement economic control policies that allow them to optimize each resource that has been allocated, while these arise mainly from the contribution by society in the country through taxes, and then be redistributed through works or allocations as in the case of higher education institutions. In this sense, it is necessary to point out the financial problems that the nation has been facing since the last century and that have had a significant impact on the progress in the establishment of a high-level professional education, which, together with the multiple daily needs that exist in public institutions in general, only slows down social and economic development. In this sense, the coercive procedure is studied as an own and exclusive tool of the public sphere that can act as a guarantee for the recovery and securing of values from its institutional coffers, which have not been used in an adequate way, generating economic damages. This is how the present research work revolves around "THE PERSUASIVE COLLECTION AND THE EFFECTIVENESS OF THE COACTIVE PROCEDURES IN THE TECHNICAL UNIVERSITY OF AMBATO" according to the normative elements in force, and also of the expertise of the servers that maintain functions corresponding to the initiation of this coercive measure. In this way, a documentary and field research approach is established, evidencing each of the scenarios in which the impact of coercive action as a suitable mechanism for the recovery of amounts due for payment can be determined, in addition to obtaining as a result the need to implement an instruction that provides the relevant guidelines for the initiation and correct flow of coercive management, especially in support of administrative officers who do not have a professional background related to the legal field
El derecho a la salud de los habitantes del Cantón Lago Agrio y la explotación petrolera
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-03) Castillo Monar, Angela Lourdes; Montero Solano, Juan Pablo
The present research work has as its theme. "THE RIGHTS TO THE HEALTH OF THE CANTON LAGO AGRIO INHABITANTS AND PETROLEUM EXPLOITATION", the investigation showed that the rights to health guaranteed by the Constitution of the Republic are being violated cruelly by companies Due to the fact that they carry out extractive activities of petroleum without the proper precaution and methodology. In addition, the investigation revealed that the oil companies have not made any kind of reparation and much less compensation to the people who have been and still are affected in their health by the environmental contamination that provoke to extract the petroleum. It is important to mention that the present research arises from the need to implement a legal regulation that ensures the right to health of the inhabitants that have been affected by the great contaminations caused by oil companies when extracting oil from the Ecuadorian Amazon, allowing So give a contribution to the community and above all make respect the rights enshrined in the Constitution of the Republic, especially the right to health established in its art. 32. With these considerations and in application of article 396 ibidem that determines that "the State adopts the appropriate policies and measures that avoid the negative environmental impacts when there is certainty of damage" and if there is doubt about the environmental impact although there is no scientific evidence the State shall take appropriate and timely measures in defense of the rights of nature and the rights to health. In other words, the State will be responsible and guarantor of the rights established in the supreme norm or charter to ensure a dignified life for the Ecuadorian people.
El Derecho de alimentos en las personas con enfermedades catastróficas y los derechos garantizados en la constitución
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-11) Miranda Cordovilla, Chrystian Santiago; Montero Solano, Juan Pablo
This ongoing investigation carries the theme "THE RIGTH OF FOOD IN PEOPLE WITH CATASTROPHIC DISEASES AND THE RIGHTS GUARANTEED IN THE CONSTITUTION ". This research is in response to the need to create a legal basis to contribute to the problems and needs of people with catastrophic illnesses on the fact of providing the right food, that is when the person suffering the catastrophic illness has obligor quality in the province of Tungurahua. Constituting a topic of interest for society as a large percentage of the population suffers from these diseases whether these congenital or acquired. Solutions to the existing problems is proposed, after making a profound social analysis of population conducted in the Courts or Judicial Units of Family, Women, Children and existing Adolescents in the province of Tungurahua, Ambato City, the same that is directly related with the research topic, in order to have a deeper and successful, in their view violated rights. This research proposes a reformatory law to certain articles of the Code of Children and Adolescents regarding the chapter on the right to food, the same that safeguards the group of priority such as people with catastrophic diseases in the sense of fairness and proportionality , watch and then assert their constitutional rights, and other benefits set out in international law and treaties, constituting a national policy in which people with catastrophic illnesses can exercise all their rights among the legal certainty.
Derechos de autor y limitaciones de la ley de propiedad intelectual en el Ecuador
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-05) Gavilánez Mejía, Leónidas Aníbal; Montero Solano, Juan Pablo
The management of Ecuadorian legislation refers to the guarantees of copyright, which seeks to be managed under a process of control, safeguarding in every sense the minimization of vulnerability, which aims to generate a context of guarantees on the care of the authorship, which under a reformatory system, will promote the irrigation of fraudulent copies. In the field of research, it is evident that there is a need for a reform of the related articles that allow the author to protect himself through a comprehensive field of action that projects an image and socio-economic fulfillment based on the differential system, the same as under the Constitution Of the Republic of Ecuador will allow compliance with legal regulations in all its aspects. It is concluded that it is important to generate an integrated framework by creating a synergy between institutional competence and society to generate change and a stable socio-economic assurance without violating rights. In this way, the proposal was framed in reforming the related rights as an initial part of a progressive reform to the law of intellectual protection.
Derechos de los contribuyentes y el acceso al debido proceso en las actuaciones tributarias del sistema ecuatoriano
(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-05) Tovar Jácome, Stefania Jeanneth; Montero Solano, Juan Pablo
In Ecuador, most citizens are direct or indirect taxpayers through different types of taxes, but they have had to face a slow, deficient and inequitable tax system that generates dissatisfaction. The objective of the study is to determine the relationship between the application of taxpayer rights with access to due process in the tax actions of the Ecuadorian system. The methodology is mixed qualitative - quantitative, bibliographic, descriptive and correlational, the study sample is 347 lawyers registered in the Lawyers Forum belonging to the province of Tungurahua. The technique used was the survey with its respective questionnaire with a reliability according to Cronbach's Alpha of 0.836. The findings establish that sometimes, qualified as a medium level, the SRI guarantees due process in tax actions, the results present the same response in all the items, thus the application of the tax action processes of the SRI, the fulfillment of the right to due process, the violation of the rights of the taxpayers is qualified at a medium level. The conclusions determine that the type of violations that have occurred in Ecuador are the inefficiency in the tax administrative procedures. In addition, the tax actions with the greatest risk of violating the right to due process are those in which taxpayers must be notified and informed about the start of control or inspection actions and the application of the terms of the law.
“Estrategias de la lectura y su incidencia en la comprensión lectora en los estudiantes de los novenos años de Educación Básica del Colegio de Bachillerato Los Andes del Cantón de Píllaro”.
(2013) Montero Solano, Juan Pablo; DT-Nieto Viteri, Paulina
El presente trabajo se dará a conocer los elementos que intervienen en la inadecuada aplicación de comprensión lectora en los estudiantes en los novenos años de Educación Básica del colegio Los Andes de la ciudad de Píllaro, se hace referencia a las diversas causas pedagógicas del proceso docente en las actividades metodológicas, estimulación de lectura, la relación maestro-alumno y el interés de los alumnos, el medio en que se desenvuelve, el ejemplo que observan en casa y los medios de comunicación que influye en la comprensión lectora. Este trabajo investigativo esta basado en una metodología que interpreta el comportamiento de los estudiantes como del profesor en el aula de clases para que sean creativos, dinámicos. Los resultados obtenidos de esta investigación reflejan que los estudiantes no tienen hábitos de estudio y utilizan técnicas de estudio inadecuadas lo que no les lleva a reflexionar y mejorar su conocimiento lingüístico no permitiéndoles tener una comprensión lectora. La conclusión a la que se a podido llegar es que los estudiantes presentan distintos problemas individuales, por lo tanto las estrategias de lectura no pueden ser las mismas para todos, que los docentes por falta de recursos didácticos, como libros, folletos, guías en cuanto a estrategias de lectura usan pocos métodos motivacionales, y que una guía basada en estrategias de la organización y estructura del texto ofrece al maestro medios para ayudar la comprensión lectora del estudiante, por lo que la propuesta esta encaminada a ello para contribuir a la creatividad e imaginación, a la par que fomentamos una adecuada estimulación a la lectura.
La fijación de la caución y el principio de proporcionalidad en los delitos penales
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-05) Poveda Montesdeoca, Jessenia Carolina; Montero Solano, Juan Pablo
The present investigation project that has as its theme: "THE FIXATION OF THE CAUTION AND THE PRINCIPLE OF PROPORTIONALITY IN CRIMINAL OFFENSES" has the purpose of investigating the fixing of the bond and its relation with the principle of proportionality in criminal offenses. Since, when there is disproportion, at the moment of fixing a bond within a criminal process where this substitute measure of deprivation of liberty can be, the processed persons could not access it. This research project analyzed the fixing of the bond in the criminal trials in the Criminal Judicial Units of the Ambato canton and determined in what way processed persons are accessing the principle of proportionality to propose a proposal for an effective solution to the disproportionality of fixing a guarantee within the same trial to different stakeholders, allowing to guarantee the principle of proportionality and effective access to substitute measures. This project was carried out with a method of bibliographical and field research, since a questionnaire with eight questions was applied to legal professionals on the subject, so that they could express their opinion based on the knowledge they have about this legal problem. . In addition, after the completion of this project, it was concluded that the creation and application of a table is necessary for criminal judges to use it, to set a bond in a technical, efficient manner and that the bond established in accordance with the crime or infraction committed by the defendant.
La interseccionalidad de género y el Derecho de participación: caso Salasaca
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-02) Aguaguiña Aucapiña, Sabrina Michelle; Montero Solano, Juan Pablo
Gender intersectionality recognizes that people experience multiple forms of oppression and discrimination that intertwine and intersect categories linked to gender, ethnicity, socioeconomic position, nationality, religion, sexual orientation, among others. In the case of Salasaca, an indigenous town in Ecuador, it is important to understand how gender intersectionality affects the right of participation of indigenous women in decision-making and in the political life of the community. The general objective of this research work focuses on “Analyzing the perspective of gender intersectionality and citizen participation in the case of a Salasaca woman in Ecuador”; Therefore, it has been necessary to apply four types of documentary research, exploratory, descriptive, and explanatory with the deductive and analytical method with a qualitative approach, which will allow us to achieve the expected results regarding the line of research that corresponds to “Public policies, law and society”. Thus, the expected result has been achieved that some indigenous women have managed to stand out and play important roles in politics, contributing positively to their communities and public debate; however, discrimination is a factor that hinders the active participation of women. indigenous women in politics and in their work performance, since they still face specific challenges, such as the lack of educational opportunities, the persistence of stereotypes and traditional gender roles, which leads to the conclusion that it is necessary to implement affirmative inclusive policies that guarantee the gender equality and citizen participation
La justicia abierta en el sistema judicial ecuatoriano: necesidad de su aplicación para la legitimidad institucional y la confianza ciudadana
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Parra Lescano, Alex Mauricio; Montero Solano, Juan Pablo
Open Justice in Ecuador is an approach that seeks to strengthen institutional legitimacy and public trust in the judicial system. This concept is based on transparency, participation, and collaboration, essential pillars for a judicial system that aims to be fair and accessible to all citizens. The implementation of Open Justice can improve public perception of the impartiality and effectiveness of the judicial system, thereby reducing the prevalent distrust and skepticism. From a qualitative perspective, the research has focused on interviews and focus groups with judges, lawyers, academics, and citizens. These data have revealed that the lack of transparency and the perception of corruption are key factors undermining trust in the judicial system. Participants highlighted the need for more open access to judicial information and the inclusion of citizen participation mechanisms in judicial processes. These findings suggest that the implementation of Open Justice policies could be a fundamental step in improving the public perception of the judicial system in Ecuador. In the quantitative realm, surveys and statistical data related to the perception of justice in Ecuador have been analyzed. The results show that a significant percentage of the population does not trust the judicial system, citing lack of transparency and inefficiency as major issues. Additionally, the data indicate that the implementation of Open Justice measures, such as the online publication of rulings and the holding of public hearings, could have a positive impact on the perception of institutional legitimacy
Los medios alternativos de solución de conflictos y la celeridad procesal en materia civil en el cantón Ambato en el 2022
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-12) Chavez Calvopiña, Lisandro Fabio; Montero Solano, Juan Pablo
The present research work that had as its theme "The alternative means of conflict solution and the procedural celerity in civil matters in the canton Ambato in 2022", has allowed to study in a broad way, which is mediation and arbitration as alternative means of conflict resolution in civil lawsuits, the same as being processes of great recurrence of cases, since the majority of people have problems of this nature, it is an effective way to make these processes faster and more efficient, for which this project focuses on finding the relationship between these alternative means of conflict resolution and procedural speed within civil matters in the Ambato canton, by understanding this main dynamic it was possible to determine that mediation and arbitration are useful to make the judicial system in civil matters decongest in a radical way; and through the surveys carried out, the possible problems that prevent this from happening were identified because in some cases the judges request that there be an acknowledgment of the signature and initials of the parties when it has already been done and they have appeared within the mediation centers to reach an agreement, also understanding that the issue of time is something fundamental for the exercise of justice
Las multas por exceso de velocidad en el Código Orgánico Integral Penal y el pricipio de proporcionalidad
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2017-01) Gamboa Castillo, Juan Carlos; Montero Solano, Juan Pablo
Proportionality is a constitutional principle that guarantees the existence of a truly relation between the infringement done and the punishment adopted. For this case, it will analyze the thesis that increasing the penalties not reduces the crime rates, and that fines for speeding are disproportionate. Ecuador adopted like a security policy the raising in the penalties recurrently committed with the aim of reducing the criminality rates. Despite of that some writers like Cesare Beccaria have stated that increasing the penalties is not the best way to reduce the criminality but the strengthen of the judicial system to increase the certainty of punishment. This document is a study that compares the compatibility between the constitutional rules and the penal ones, specifically, those related with the imposition of fines in the traffic violations of first and fourth category, which are considered disproportionate by the citizens because there is not proportionality between the penalty and the legally-protected right that was affected.
Percepción masculina de la mujer académica y equidad de género
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Caicedo Molina, Andrea Camila; Montero Solano, Juan Pablo
Male perception of academic women and its impact on gender equity in the university work environment is a transcendental topic addressed in the research project "TRAJECTORIES INTRALABORAL AND EXTRALABORAL OF THE ACADEMIC WOMAN IN TELEWORK AND PRESENT MODALITY; FROM A GENDER PERSPECTIVE” approved by Resolution No. UTA-CONIN-2023-0229-R. The main objective is to analyze the male perception towards female teachers and researchers and their influence on equal opportunities at the Technical University of Ambato. For this purpose, a qualitative methodology was used, combining analytical, deductive, exploratory, descriptive and explanatory approaches, applying dogmatic, sociological, philosophical and historical-legal research techniques. The obtained result was a document of critical legal analysis that delves into this subject. Although great progress has been made in the valuation of women's academic abilities, with more positive male perceptions compared to previous periods, especially in careers involved the social area, conclusions highlight that certain stereotypes and unconscious biases still persist towards women in technical careers, which hinders their equal access to job opportunities and leadership positions in the university environment. In addition, gender gaps were detected in certain areas and isolated cases of discrimination or unequal treatment. Consequently, it is recommended to implement sensitization and awareness programs on gender equity, as well as to design institutional policies with a gender focus that promote true inclusion. It is also suggested to establish accessible complaint mechanisms, encourage greater female representation in leadership positions and carry out periodic evaluations that lead to a continuous improvement plan towards a fully equitable organizational culture within higher education institutions. These measures are fundamental to create a truly egalitarian academic environment, where women can develop their potential without facing unjustified barriers or limitations, thus contributing to the progress and intellectual enrichment of institutions and society in general
Las políticas públicas de ingreso a las instituciones de educación superior y el derecho constitucional a la educación en Ambato
(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-09) Bejarano Lizano, Jeaneth Alexandra; Montero Solano, Juan Pablo
The present research work is initially directed toward the study of the origin of public policy in order to have a determined knowledge for which the public policy is destined or is created, its characteristics in the social environment, which is democratic, and its execution supports the development of society, which manifests the need for the creation of such policies that guarantee the educational rights of the community, This research is based on a study of education policies in Latin America, where Ecuador is one of the countries that has tried to modify its regulations as a result of questions about Ecuadorian regulations. policy of access to higher education that has been implemented in contemporary constitutionalism to guarantee the right to education and thus know what are the general mechanisms and their application in the Ecuadorian regulations focused on the welfare of citizenship in the free development of the aspirants to higher education within the good life. Similarly, it has been considered important to review how various constitutions such as those of Chile, Argentina, Peru, and Venezuela, among others, have included education as a fundamental and very important right for the development of society. In this context, we should also investigate how the Ecuadorian State, through its educational policies, intends to guarantee the right to education versus its application in Latin America in order to compare whether or not there is an application to equal opportunities that should be recognized when accessing university studies. The same applies to the analysis of international instruments that guarantee equal access.
La práctica procesal civil en la sustanciación de la cláusula de métodos alternativos a la solución de conflictos
(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado: Maestria en Derecho, Civil y Procesal Civl, 2023-01) Erazo Rey, Rodrigo Israel; Montero Solano, Juan Pablo
The Constitution of the Republic of Ecuador has established alternative methods for conflict resolution as application procedures subject to the law; in matters in which by its nature it can be compromised. With the issuance of the General Organic Code of Processes, it was intended to update and modernize the Procedural Law. Specifically within the substantiation of the previous exceptions, Art. 153, has as a tenth exception the existence of an agreement, arbitration agreement or mediation agreement. Agreed freely and voluntarily by the contracting parties whose purpose is that the alternative methods to the solution of the conflict are the competent ones to know and resolve the case. On the other hand, the Arts. 7 and 8 of the Arbitration and Mediation Law legislated a process to be followed, in the case of presenting a lawsuit with an arbitration or mediation clause to the judge. For which, practical cases have been analyzed, both with the code of civil procedure and the current one, in order to determine what is the way to resolve the controversy around the clause of alternative methods to conflict resolution that guarantees guardianship. effective judicial process and due process.
La prisión preventiva y el principio de mínima intervención en el código orgánico integral penal
(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2020-07) Venegas Duncan, José Luis; Montero Solano, Juan Pablo
The present research work with the topic THE PREVENTIVE PRISON AND THE PRINCIPLE OF MINIMUM INTERVENTION IN THE CODIGO ORGANICO INTEGRAL PENAL, had as main objective to study preventive detention and the principle of minimum intervention in the Comprehensive Organic Criminal Code, because the application Inadequate of this precautionary measure of exceptional use, influences so that the principle of minimum intervention is violated, which causes the prisons to be filled with people who cannot exercise their right to mobility during the criminal process, without actually existing Circumstances to doubt, that appear in this process or that do not comply with the penalty that could be condemned in case of checking the possible responsibility, for which we proceeded with the respective bibliographic review about the different variables, for which I apply the scientific methodology, a survey aimed at criminal judges and age was used as a method The criminal prosecutors of the Canton Ambato, and as an instrument the questionnaire that contained eight questions related to the variables was used, subsequently the field study was carried out, to process the information obtained and check the hypotheses with the distribution of the T-student, Finally, the conclusions and recommendations of the degree work were determined.
El Procedimiento Coactivo y su Aplicación en el Gobierno Provincial de Tungurahua
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09) Pico Gallegos, Karen Dayana; Montero Solano, Juan Pablo
The present thesis titled "The Coercive Procedure and Its Application in the Provincial Government of Tungurahua" focuses on analyzing the legal issues that arise during the implementation of the coercive procedure in the mentioned provincial government. The research was carried out through two approaches: Documentary Research and Field Research. Relevant bibliographic information was collected and analyzed to identify perspectives, definitions, and the current reality related to the topic. Normative bodies, books, journals, and scientific articles were used as supporting sources. On the other hand, Field Research involved active participation of the researcher in the place where the problem manifests. Visits to the Provincial Government of Tungurahua were conducted to gather real information about the application of the Coercive Procedure, allowing the identification of issues and seeking appropriate solutions. The research approach used was Deductive, analyzing the general legal framework of the coercive procedure first, and then its specific application in the provincial government. The research expands knowledge in the specific area of the coercive procedure and its implementation in the governmental context. By analyzing the situation in the Provincial Government of Tungurahua in detail, valuable data and findings are obtained that can serve as a reference for future research. Given the nature of the research, a QUALITATIVE approach was adopted, aiming to extract significant information from the environment to achieve a rich and profound interpretation. The main data collection techniques used were interviews with officials from the Financial Department, providing personal and empirical information on the topic
La Rebaja de pensión alimenticia y el principio constitucional de igualdad
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2017-01) López Villacis, Tania Silvana; Montero Solano, Juan Pablo
The present research carried the theme: “THE REDUCTION OF ALIMONY AND THE CONSTITUTIONAL PRINCIPLE OF EQUALITY"; within the research, it aims to demonstrate the violation of rights suffered by children and adolescents and obligors in the process of reduction of maintenance compared with augmentation procedure alimony.The investigation was based on the study of time the reduction of alimony is due, being that it violates the constitutional principle of equality was taken into account the specific objectives that go hand in hand with the general because of them it appears the study of the economic and legal situation of obligors in a process of reduction of alimony. The Constitution in paragraph 2 Art.11 establishes the principle of equality yet in the Organic Code of Children and Adolescents two different process stipulated regarding the right to food and incidents, thus violating the constitutional principle of "equality" that It specifies that all people are considered equal before the law. This indicates the need to reform the Code of Children and specifically Adolescence Art. Unnumbered 8 same as praying on time maintenance is due, it is important that the same rules according to economic reality apply, social and legal immersed in legal disputes people to guarantee the rights literally within a judicial conflict and also it look equal rights.