Browsing by Author "Pascumal Luna, Ricardo Fabian"

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Las Normas internacionales protectoras de los Derechos Humanos y los disturbios o tensiones internas dentro del estado constitucional
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2016-07) Pascumal Luna, Ricardo Fabian; Espin, María Cristina
The existence of the violation of human rights within internal disturbances and tensions, is a new conception of the legal and social reality product of disagreements with the political-economic system of the state, in which citizens defend a position and state through its public forces it is protected from these. The determination of the facts, the degree of violence and organization allow: determine which legal rules apply, that type of conflict is occurring and the type or appropriate to apply in these cases of internal disturbances and tensions criminal figure, all these framed in the respect for human rights are inherent to every citizen. This study takes as its priority the methodology of casuistry, which gives a high value of legality, importance and legal research. They have been taken as an object of study eight cases that have been brought and resolved by National Courts and Courts of Justice.
El principio de control de convencionalidad en las sentencias emitidas por la corte Constitucional del Ecuador
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Comunicación, Desarrollo y Cambio Social, 2019-12) Pascumal Luna, Ricardo Fabian; Mayorga Naranjo, Nelson Eduardo
This article gives an account of the object of the control of conventionality, in reference to the subjects obliged to apply it in the domestic legal system, from the perspective of the Inter-American Human Rights System. However, it was inquired how this principle is applied in the sentences issued. by the Constitutional Court of Ecuador, and its impact on the internal legal order of the State. The importance and interest of this research is focused on the fact that through the methodology of content analysis, 276 sentences of the highest constitutional body in the country were studied, with the purpose of determining the degree of application of conventionality, understood as conventions, judgments, advisory opinions and in itself the control that all administrative, judicial and jurisdictional authority must perform. The results were surprising, 99% of the sentences studied they do not apply the principle of conventionality control. We would explain why Ecuador has been declared internationally responsible before the Inter-American System, in addition to the payment of millions in compensation for reparations to the victims. The conclusion drawn from this investigation is that we have an unconstitutional legislation and jurisdictional system. It is essential to conclude that the Constitution of the Republic of Ecuador and no other norm of the internal legal order does not contemplate how and who should perform the control of conventionality of all acts derived from the jurisdictional organ, existing a normative and dogmatic vacuum in this regard.