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Browsing by Author "Páramo Iza, Jenifer Jadira"

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    Análisis jurídico de la Sentencia No. 2064-14-EP de la Corte Constitucional y la Suplantación de Identidad con contenido sexual
    (Universidad Técnica de Ambato, Facultad de Juriprudencia y Ciencias Sociales, Carrera de Derecho, 2025-04-01) Páramo Iza, Jenifer Jadira; Acosta Morales, María Gabriela
    Identity is understood as the set of personal data that singles out an individual within social relations. The growing technological progress that is evident today causes society to change the way it relates to other individuals. In this sense, personal data shared in digital networks are susceptible to be used without the consent of the owner by third parties for criminal purposes that infringe legal rights such as property, identity and privacy. In this context, the use of sensitive personal data with the purpose of impersonating the identity with sexual content is frequent, even more so in an increasingly digitized world. This conduct violates traditional rights such as intimacy, privacy, image, honor, dignity and protection of personal data. These rights enjoy constitutional legal protection; however, it is necessary that the law adapts to the new modalities that arise in the digital environment. In such a way that, the criteria adopted by the Constitutional Court in judgment N°2064-14-EP/21 must be incorporated into the legal practice. Therefore, this research through the application of an explanatory methodological framework aims to analyze the influence of Ruling N°2064-14-EP/21 in the criminal legal framework of Ecuador. To obtain and analyze the information leading to the execution of the project, inductive, analytical, synthetic, historical and comparative methods were used. In addition, seven interviews were conducted with prosecutors, criminal judges and lawyers in free practice, to know the perception of the professionals about study. The relevance of the research lies in the need for an adaptation of the criminal law to punish the crimes that arise in the digital environment. For which, the research line adopted by this project is Communication, Society, Culture and Technology. The results of the research show that the sentence under examination contains fundamental criteria for the analysis of the rights that arise in the digital era and for the determination of criminal liability for the conduct of impersonation with sexual content in the digital context. In addition, through comparative law, it has been verified that the Ecuadorian criminal law does not guarantee a real protection of the rights of the victims of digital crimes, since it does not contemplate a comprehensive reparation.

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