Browsing by Author "Vallejo Sánchez, Ana Lisbeth"

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    El juicio de alimentos de mujer embarazada y el pago de los presuntos padres
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2016-11) Vallejo Sánchez, Ana Lisbeth; Cortés Naranjo, Edwin Wilfrido
    This research deals with the Judgment Pregnant Woman Food and payment of prospective parents, this being a subject of much social interest because it involves the future of the unborn child. Our legislation on children and adolescents is very flexible with pregnant women when presenting irrefutable proof of the parent-child bond, allowing many women raise such trials to get an income. It is necessary from the observed problematic because of the raises female society demands for food against whom have no legal obligation, and in these cases the same law provides that demands food woman presented pregnant because women to know that the only fundamental evidence in this trial is the testimony that in most cases is false or altered, allowing the judge when sentencing not with certainty. Today when framing a Trial Food Pregnant woman is endangering the economic stability of the alleged father, because the law does not allow the reimbursement of money for alimony, and that many women take advantage. When the child is born the alleged father performed the DNA test, whose result is negative eliminating the maintenance obligation, therefore there is an overpayment causing economic damage to the obligor unable to claim a refund of the amount paid. This really should not be so for this reason it is proposed an alternative solution clearly and accuratel.
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    La reparación del procesado en los casos de ratificación del estado de inocencia
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho penal, 2020-08) Vallejo Sánchez, Ana Lisbeth; Pazmiño Vargas, Klever Alonzo
    The purpose of this investigation is to analyze the reparation of the accused in cases of ratification of the state of innocence of a person who has been deprived of liberty for several days or months. The methodology used was the qualitative one based on documentary research on the problem raised, as well as the carrying out of case studies where people have been detained and deprived of their liberty for an indeterminate time, and that in the respective process has not been found elements of conviction to consider him as accused, declaring the dismissal in the case. It is proposed as a conclusion that there is no procedure where people can request comprehensive reparation against the State, to compensate for the damage caused by having been deprived of liberty to a person for being innocent. The legal norm repeats that if a conviction is reformed or revoked, through the appeal for review, the State must repair the person who suffered punishment as a result of said sentence and that once the responsibility of servants or servants for such acts has been declared, he will have to repeat against them in the manner indicated in the Organic Code of the Judicial Function. Although the third paragraph of article 15 of the Organic Code of the Judicial Function refers to the appeal for review as the ideal way for a conviction to be revoked or reformed and the obligation of the State to repair the person who suffered punishment as a result can be generated of such a sentence.