Browsing by Author "Tixelema Caguana, Jorge Luis"

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    La pensión de subsistencia y el derecho a la seguridad jurídica
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-01) Tixelema Caguana, Jorge Luis; Vayas Castro, Guillermo Santiago
    This research is the result of the actions of and competent judges to hear cases of violence against women or members of the family and respect the protection measures that are empowered to grant in favor of the victims, also granted a pension subsistence, the process is not clear either before or after fixing it, obviously affecting both the victim and the aggressor in their right to legal certainty. It should be noted that the right to legal certainty is a right that is given in the Constitution of the Republic of Ecuador, therefore the Ecuadorian State is the call to ensure that the rules that will govern the lives of citizens are as clear as possible, to avoid affecting other rights recognized by the Constitution to enforce laws in different legal areas and that these are in harmony with each other letter. So this research aims to find an alternative solution to the problem, because despite being set layout simultaneously set a living allowance for victims of violence against women or members of the family nucleus in the Código Orgánico Integral Penal, the lack of a clear procedure not become effective, because there is not a standard, and elements to ensure their effectiveness. For these reasons, it is considered that the present investigation is important and momentous, it seeks to provide an alternative solution for effective implementation of living allowance for the benefit of women or household members, victims of violence and who commit the offense submitting to the consequent legal provisions. To achieve it there has been gathered useful information that it appreciates in the development of the variables; also the raised hypothesis has been verified, and there concludes that, is needed a Regulation is sent immediately On the Pension of Subsistence, which regulates in a specific way the scopes and effects of the measure, avoiding the inefficiency in the administration of justice of opportune form, guaranteeing the equality, the impartiality and the juridical safety of administered recognized constitutionally.