Maestría en Derecho Penal y Procesal Penal

Permanent URI for this collectionhttp://repositorio.uta.edu.ec/handle/123456789/29523

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    El activismo jurisdiccional y el garantismo penal en la administración de justicia del Ecuador
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-03) Acosta Morales, María Gabriela; Tipantasig Cando, Jaime Tarquino
    He problematic of the suspicion of a jurisdictional activism of the administration of Justice in Ecuador without a protected criminal guarantee in our Constitutional State of Law; in front of an efficient enough commanded by the governing bodies of the Justice of Ecuador. An efficient jurisdictional activism is a phenomenon of a juridical and social nature, directly affects the rights of the victim and the defendant, so that the procedural subjects in criminal matters seek the symbiosis of jurisdictional activism with the criminal guarantee. The present investigation focuses specifically on the administration of criminal justice with the possibility of a non-efficiencies jurisdictional activism but a guarantee that allows citizen security without increasing the number of convictions but generating criminal policies that allow a true social rehabilitation. In this way, it is intended to identify the events that have motivated jurisdictional activism to have more efficient characteristics than guarantors; despite that the spirit of the Comprehensive Criminal Code leads to a criminal system protecting rights. Finally, a proposal of reform to the Integral Organic Penal Code is presented that allows a jurisdictional activism guarantee.
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    Aplicación de la consulta a un superior en los casos de dictamen abstentivo fuero de Corte Nacional
    (Fcultad de Jurisprudencia y Ciencias Sociales,Derecho,Maestría en Derecho Penal y Procesal Penal, 2021) Morales Zuñiga, Jhoselin Pamela; Acosta Morales, María Gabriela
    EXECUTIVE SUMMARY The present research work was divided into four chapters substantially complementary to the research topic; its objective is to elaborate a document of constitutional legal analysis on the application of the consultation to a superior in the cases of abstentive opinion with national court jurisdiction. Due process has always had a broad evolution in history and has been recognized as one of the primordial rights that allow respect for the rights of individuals, through a set of rules that seek to ensure their effective protection. In addition to the above, it is of absolute importance that such guarantees are enshrined in the Constitution of the Republic which, being the hierarchically superior norm, means that such rights are directly applied. Then the international conventions and treaties have not been left aside, as can be seen, in Ecuador there is a fiscal monopoly, a situation where the only provider of a good or service is the State. Thus, the government seeks to obtain income and dominate a sector that may be strategic for it. In this study, the methodology is qualitative, an analysis was made of the application of the different cases of abstentive opinion with national court jurisdiction, procedural subjects in the different hearings of Formulation of Charges, which showed the qualities that affect when applying the consultation to a superior, and in the quantitative part, the abstentive opinion with national court jurisdiction was counted; likewise, the xvii Inductive-Deductive, Analytical-Synthetic, Historical-Logical methods were used. Therefore, the expected result is to know to what extent the abstentive opinion of the Attorney General in cases of National Court jurisdiction affects the right to appeal, nowadays, in the Constitutional State of rights and justice, causing a violation of the principle of Procedural Challenge, since the operators of justice of the National Court, upon learning of an Abstentive Opinion by the Attorney General of the State being its highest authority, have no one to whom to raise the opinion for consultation, in order to revoke or ratify it.
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    El derecho a la libertad del indígena y su correlación en el proceso penal ordinario en Ecuador
    (Universida Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Maestria en Derecho Penal, 2020-03) Palate Sailema, Mauricio Emmanuel; Acosta Morales, María Gabriela
    Preserving human rights and, above all, the freedom of the indigenous peoples of the planet, represents one of the priorities of all national and international organizations that seek to internalize integrated processes; leaving aside the discrimination and inequality of opportunities of the inhabitants without considering their races. When analyzing ordinary criminal legal processes, related to human rights, it is important to determine the space or environment where they occur. In this investigation, we consider Ecuador, known as a country that promotes its plurinational and pluricultural nature, trying to generate cohesion between its different processes that seek order and justice around punishable acts and its correlation towards respect and rights. to the freedom on the part of the natives, at the time of presenting ordinal judgments. Everything derives from the existence of internal conflicts that link irregularities and inconsistencies in the criminal procedure and the rights of indigenous people to the fairness of laws. There is a confrontation that does not help clarification or the growth of the rights of the inhabitants emanating from the Ecuadorian constitution. The research is descriptive qualitative, and is located within the paradigm of interpretation. At the same time it is supported by an experimental field investigation, taking advantage of the closeness of the researcher with the observed fact. The results reveal that the right to indigenous freedom must be constantly analyzed by all those involved in their respect and vulnerability. Criminal procedural laws should serve as a platform for all existing requirements within the legal framework to be met, regardless of the nature of the accused. Finally, the conclusions show the importance of respecting the rights to indigenous freedom, especially in ordinary criminal matters. The differences that may be presented should not be a reason to enter into conflicts that lead to the violation of human rights.
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    El ejercicio privado de la acción penal y el garantismo procesal en el código orgánico integral penal
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho penal, 2020-10) Paredes Fuertes, Fernando Eduardo; Acosta Morales, María Gabriela
    The purpose of this investigation is to deepen the study of the private exercise of criminal action. The procedure as much as its applicability in the exercise and even more its direct connection with the procedural guarantee, as a new figure of the criminal dogmatic that consists in establishing the international parameters as well as constitutional of the right of due process and of the victim and processed in the palestra of the procedural system. The quantifiable methods to determine an exact consolidation of values that allow criticizing, analyzing and projecting conclusions have been developed through statistical data of the causes entered in the last year in both public and private action crimes, and its application has been qualified in the procedural guarantee, analyzing and applying surveys to professional, the same ones that have issued their criteria regarding the guarantees of the right to defense, precautionary measures and judging in absence. Likewise, we analyzed the ways to extinguish the private exercise of the action as a way to enforce the claims of the parties, as well as those crimes existing in the Ecuadorian legal as crimes of private action in a comparison to foreign standards that contain a wide range of private crimes that could be included in our criminal system. The forgetting of the legislative body as well as the excessive interference of the State has caused the non-existence of reforms to guarantee an effective process of private action, consequently, the low application of it produces the violation of procedural guarantees as well as unnecessary budgetary spending and procedural congestion. Therefore, the reforms are necessary for the improvement of the private procedure of the action, as well as the effectiveness of the procedural guarantees under the protection of a correct application of criminal justice.
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    El principio de oportunidad y el derecho de la víctima y del procesado
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho penal, 2020-10) Paredes Chiliquinga, Edwin Fabián; Acosta Morales, María Gabriela
    The rights and guarantees established for the protection of the inhabitants against criminal offenses in a certain territory are established in regulatory bodies, so the rights of the victim and the accused against the application of the principle of opportunity offer us alternatives to end a process according to the Organic Comprehensive Criminal Code, in this sense the scope of application of the principle of opportunity in the criminal law and criminal procedure will describe criteria on the scope and application of the aforementioned principle and that it is not limited in isolated crimes or of trifle, on the contrary that the foreseen mechanism covers more possibilities of application. The principle of opportunity in criminal matters can be used to solve infractions due to the fact of permissibility, since the Prosecutor's Office can suspend an investigation initiated or refrain from initiating one, in those crimes whose sanction has a prison term of five years, it is necessary to consider the prohibitive rules for the application of the principle such as crimes for serious violations of human rights, crimes against international humanitarian law, crimes against sexual integrity, among others, for these reasons it is necessary to carry out investigative work to establish the usefulness and regulation of the principle of opportunity and the right that the victim has and prosecuted when applying it, leaving as a concern that the procedure for application may be reformed, and consider one more margin of permissibility in the environment of its application. When applying the principle of opportunity, the right of the victim and the accused have different paths, who is more favored by the application of this principle could be the administration of justice, the victim or the accused, from different points of view, Our study will focus on the application of the principle of opportunity and the right of the victims, that is, the obligation to have the presence and will of the victim to resolve the integral reparation and the defendant to comply with the compensation for the damage caused.