Browsing by Author "Vargas Villacres, Borman Renan"

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El cuidado de los animales domesticos y el derecho constitucional a vivir en armonía con la naturaleza
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2016-03) Pilco Lozada, Ligia del Consuelo; Vargas Villacres, Borman Renan
Los derechos colectivos en la justicia indigena y la justicia ordinaria
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-05) Casicana Toroshina, Franklin Isaias; Vargas Villacres, Borman Renan
The collective rights of the communes, peoples and indigenous nationalities of the Ecuadorian state are guaranteed in article 57 of the Constitution of the Republic of Ecuador, one of these rights, such as the exercise of one's own authority in the territories legally recognized by the The law is effective with the application of indigenous justice as determined in Article 171 of the Ecuadorian Constitution, despite that the authorities of the ordinary justice system do not allow the full and effective enjoyment of such right and guarantee that is not only recognized to national level if not internationally through the international treaties and conventions, this occurs because there is no law to coordinate and cooperate between the two systems of justice to avoid the violation of collective rights, its existence being essential, more than that and despite the fact that the two justice systems have the character of If there is no superior or inferior among them, there are laws that subordinate the indigenous justice system to the ordinary justice system, which is why the corresponding reforms are necessary. This investigation intends and is focused on carrying out the reform of Article 161 of the integral Ecuadorian criminal organic code, with the purpose of guaranteeing the full exercise of the collective right to exercise its own authority in the communes of indigenous peoples and nationalities of Ecuador.
El derecho a la salud de los adultos mayores del Centro Gerontológico del Cantón Cevallos
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Trabajo Social, 2026-01-20) Romero Garcés, Lizbeth Abigail; Vargas Villacres, Borman Renan
The present study analyzed the fulfillment of the right to health of older adults at the Gerontological Center of Cevallos Canton, with the purpose of identifying the conditions of access and quality of the services they received, evaluating the degree of application of the legal regulations and public policies governing this right, and proposing strategies that would strengthen its guarantee. The research was conducted using a quantitative approach, with a descriptive and analytical design, applying surveys, interviews, and document review to obtain a comprehensive understanding of the situation. The results showed that, although basic health services were provided, there were persistent limitations in the availability of specialized care, continuous follow-up, and effective implementation of institutional protocols, which affected the full guarantee of the right to health. Based on these findings, the need arose to implement improvement actions aimed at institutional strengthening, resource optimization, and ongoing staff training, to ensure dignified, timely, and appropriate care for the needs of older adults in Cevallos Canton
Interés superior del niño en acogimiento institucional en la fundación proyecto salesiano
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Trabajo Social, 2026-01-19) Núñez Salazar, Doménica Nicole; Vargas Villacres, Borman Renan
This research aims to analyze the fulfillment of the best interests of the child principle within the institutional care processes of the Salesian Project Foundation Don Bosco in Ambato. This institution provides comprehensive protection and support to children and adolescents with rights violations, making it essential to evaluate the actions carried out to ensure their well-being and development. The study was conducted using a quantitative approach, with a descriptive scope and a non-experimental design. Surveys were applied to the entire population: 30 technical and administrative staff members, and 70 institutionalized children and adolescents. Data collection focused on aspects related to comprehensive care, participation, emotional support, and family reintegration processes. The results indicate that the foundation implements effective actions in guaranteeing rights, particularly regarding access to health, education, nutrition, and psychosocial support. However, limitations were identified, especially related to insufficient resources, limited participation of children in decisions affecting their daily lives, and challenges in strengthening family bonds and restitution strategies. It is concluded that although the institution structures its intervention according to the best interests of the child, it is necessary to reinforce participation processes, inter-institutional coordination, and family support to achieve more comprehensive and timely attention. The recommendations highlight the importance of strengthening existing programs and implementing internal policies that ensure the full exercise of rights for institutionalized children and adolescents
La justicia Indigéna y la paráctica del pluralismo jurídico
(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2020-07) Guanotuña Umajinga, Diego Rodrigo; Vargas Villacres, Borman Renan
Latin America has been facing a context of harmonization and recognition of legal duality for some decades, this implies living in a diverse society, in which Ordinary justice is respected, as well as Indigenous justice registered not only within social conscience but also embodied in the constitutional system that for several years had been limited to cover only part of the population. This monistic thinking has been losing space in the field of legal doctrine since many modern writers who do not conceive the concentration of power in a single body, propose the coexistence of diverse systems, according to the customs and cultures of indigenous peoples and nationalities . Ecuador has managed to confront this constitutional void with the recognition of Legal pluralism in Article 171 of the constitution of the republic of Ecuador that allows indigenous authorities the free practice of indigenous Justice through their ancestral methods, it has also been achieved thanks to the struggle of the indigenous movements in their beginnings by the FEI in the year 1926, which was subsequently replaced by the CONAIE in the year 1986, achieving not only the constitutional recognition but also in organs of lower hierarchy, which allows an adequate functioning of the practice of legal pluralism. This recognition also implies being subject to constitutional control by the highest body that issues resolutions of jurisprudential nature (Constitutional Court) in the case of La Cocha through resolution 113-14-SEP-CC, which limits the actions of leaders indigenous and allows to know based on material competence to the State Bodies, in matters that involve the legal good. Indigenous justice, its forms, its principles, its own right with ancestral techniques are transmitted by essence orally for generations, this technique sometimes controversial but that has the endorsement of human rights and related treaties, provide solution to the conflict from the perspective of restorative justice that allows finding new alternatives towards the search for community harmony.
La soberanía estatal y el derecho de asilo político: Un análisis jurídico-social del caso de la Embajada de México en Ecuador año 2024
(2025-08-05) Barreno Celi, Eliany Antonella; Vargas Villacres, Borman Renan
This research addresses the diplomatic conflict that occurred on April 5, 2024, in which fundamental principles of International Law came into direct tension, including state sovereignty, the right to political asylum, the inviolability of diplomatic missions, and the principle of non-intervention in the internal affairs of States. The analysis herein is of significant relevance, as it evidences how the actions undertaken by Ecuador and Mexico sparked a legal and social debate in the international arena by overstepping normative boundaries widely recognized by the international community. The methodology employed follows a qualitative approach, specifically of a documentary-bibliographic nature, with an exploratory and descriptive scope. Analytical-synthetic, case-based, and socio-legal methods were applied, utilizing documentary techniques and instruments such as data sheets and analytical matrices. The population of the research comprises normative, doctrinal, and jurisprudential sources related to state sovereignty and the right to political asylum, while the sample focuses on the analysis of the cases brought before the International Court of Justice by Mexico and Ecuador. The novel contribution of this study lies in the legal analysis and interpretation of a diplomatic conflict that entailed regional and international repercussions, thereby underscoring the importance of upholding the sovereignty of host States and the protection of the right to political asylum. It is concluded that the conduct of both States contravened essential principles of International Law, thereby undermining the stability of the regional and international legal order by eroding mutual trust among States in the performance of their diplomatic functions.
Ley Orgánica de Cultura y su aplicabilidad en la ordenanza para el fomento de las artes, la cultura, la creatividad y la innovación en Ambato”
(Universidad Técnica de Ambato, Facultad de Juriprudencia y Ciencias Sociales, Carrera de Derecho, 2025-08-02) López López, Anthony Waldemar; Vargas Villacres, Borman Renan
This research analyzes the applicability of the Organic Law of Culture in the municipal ordinance for the promotion of arts, culture, creativity, and innovation in Ambato. While the national law provides a solid normative framework to guarantee cultural rights, its effective implementation depends on local policies that translate these principles into tangible actions. The ordinance approved by Ambato’s municipal council in 2024 represents a meaningful effort to adapt the law's vision to the territorial context, promoting participation, inclusion, and the growth of creative industries. The study employs a quantitative approach, using surveys targeted at cultural managers, artists, and beneficiaries of cultural programs. Findings reveal that although there is normative alignment between the national law and the local ordinance, structural challenges remain: insufficient funding, deteriorated cultural infrastructure, and weak audience development. The gap between legal discourse and practical enforcement underscores the urgent need to strengthen cultural governance and financing mechanisms. In conclusion, Ambato’s ordinance is a valuable tool but still insufficient to fully realize cultural rights. Culture must cease being a distant ideal and become a shared, living experience. This work provides recommendations aimed at enhancing local cultural institutions and consolidating a more coherent, participatory, and sustainable management model.
Prácticas restaurativas y la adaptación académica
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Trabajo Social, 2026-07-08) Pajuña Chisag, Jorge Tobias; Vargas Villacres, Borman Renan
This current research was conducted to analyze the relationship between restorative practices and academic adaptation of students from fifth, sixth, and seventh grade E.G.B. at Unidad Educativa ¨Ricardo Descalzi¨. This study was conducted because various conflicts were identified that affect students’ adaptation and their academic performance as well, resulting in a low level of adaptation among most students and revealing difficulties in emotional aspects and their participation in the educational setting. On the other hand, this research was carried out using a quantitative approach with a descriptive and correlational scope, it was applied a student survey as the data collection method. Consequently, this allowed a better understanding of the level of adaptation, additionally, it provided insight into the implementation of restorative practices. According to the information obtained and the results, it was determined that restorative practices did significantly influence academic adaptation because students at the institution, through the application of these practices, would improve their school environment, and relationships between teachers and students would also be strengthened, which would help create a harmonious school environment. Furthermore, it is recommended that the institution implement restorative strategies to help improve the school environment and the educational process, as the research conducted indicates that the application of such strategies is limited and requires constant reinforcement to improve it.
La regularización migratoria de venezolanos (decreto ejecutivo no 436) y sus efectos en el ámbito laboral, en el Cantón Ambato en el año 2022
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09) Maldonado León, Johanna Elizabeth; Vargas Villacres, Borman Renan
The present research entitled the migratory regularization of Venezuelans (Executive Decree No. 436) and its effects in the working area in Ambato in 2022, reports the real situation of Venezuelan migrants in Ecuador, focusing on the economic, labor, and social difficulties they face when they are in an unequal situation. This research objective focuses on analyzing the regularization of Venezuelan citizens delimited in Executive Decree No. 436, in the working area in Ambato during 2022, a review of the bibliographical, legal and statistical background of the subject was carried out. The methodology used was the quantitative approach, the data collection was based on a statistical analysis, regarding to the methods used were quantitative, exploratory, analytical, and explanatory, as they will be the reference to the statistics of Venezuelans that were regularized with the publication of Decree 436. The technique applied to collect information was the survey where 252 Venezuelans took part. Similarly, this research will let the Venezuelan migrants get familiar with VIRTE Visa regularization process, as a result of this misinformation they have an unstable situation in the country, therefore they cannot have access to employment for a better lifestyle, as well as this research will show the effects that brings the phenomenon of Venezuelan migration in the country.