Maestría en Derecho Penal y Procesal Penal

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

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Subject: search.filters.subject.DERECHOS CONSTITUCIONALES

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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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    La limitación del grado de parentesco en las infracciones de violencia intrafamiliar
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2020-02) Hernández Gavilanez, Diana Evelyn; Poaquiza Poaquiza, Angel Patricio
    The purpose of this investigative work is to study in a descriptive way limitation of the degree of kinship in intrafamily violence infractions, due to the dark and erroneous application of the norm, since it is free to know that people are subject and subject to the criminal type of violence intrafamiliar, judging and punishing people who are not immersed in the types of protection to them. In the development the end of the limitation of the degree of kinship is analyzed as the one of infractions of domestic violence, doctrinal concepts, jurisprudentials, causes and effects, together with the object of the criminal process, getting to establish what are the penal principles and rights of the active and passive subjects of the criminal offense who have been violated due to such legal flaws, which were analyzed based on concepts of authors and international human rights standards of which Ecuador is a part. Critical-propositive opinions are carried out in the development, with the aim of providing criteria that lead to avoiding existing asymmetries due to state legal persecution.
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    La acción penal de lesiones y la vulnerabilidad de Derechos
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-11) Ubidia Gavilanes, Carlos Alonso; Bazantes Ecobar, Washington Javier
    The purpose of this investigative work is to study in a descriptive way the criminal action of injuries and the vulnerability of rights, due to the obscurity and lack of norm in the private criminal action of injuries since they do not have a mechanism to resolve the situation in flagrance. In the development, the purpose of the criminal action of injuries such as the violation of rights, doctrinal concepts, jurisprudentials, causes and effects is analyzed, together with the object of the criminal process, establishing the criminal principles and rights of the active subjects and liabilities of the criminal offense that have been violated due to such legal flaws, which were analyzed based on concepts of authors and international human rights standards of which Ecuador is a part. Critical-propositive opinions are carried out in the development, with the aim of providing criteria that lead to avoid existing asymmetries due to state legal persecution..
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    Los delitos sexuales y el derecho a la intimidad
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-07) Cárdenas Palma, Mercedes Fabián; Altamirano Dávila, Carlos Fabián
    Currently there is a significant number of cases in which publications and disclosures of videos or photographs with sexual content are made in which the person who participates in them has not agreed to be recorded, published or disseminated, which is why there is a affectation of the rights of the person, mainly in regard to sexual freedom and the right to privacy. Despite the fact that people have not consented to the recording or the publication and dissemination of these videos or photographs, and their rights being affected, they have been unable to exercise any legal action, since currently the Organic Comprehensive Criminal Code does not it considers it an offense for the sole reason that the person has participated in them, which generates impunity and affects rights, which is prohibited by the Constitution of the Republic. he fact that, at present, there is no criminal offense within the Comprehensive Organic Criminal Code, which sanctions the recording, dissemination or publication of sexual videos of people without their prior authorization, constitutes an affectation of the right to guardianship effective, so that it generates impunity; For this reason, state measures must be taken to remedy this situation in order to protect the rights effectively as prescribed by the Ecuadorian Constitution.
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    La criminalización del pasado judicial y los derechos constitucionales
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-06) Vizuete Gallardo, Marco Fernando; Garzón Villacrés, Iván Arsenio
    The present research work, Its purpose is to analyze the recidivism, from the point of view of the criminalization of the judicial past, that is to say that in Ecuadorian legislation there is recidivism in its regulations, which is applicable to people who have committed a new crime with the same elements, in this way violating Constitutional principles that contrasts with this particular regulation of recidivism. The criminal code, before the publication of the Organic Comprehensive Penal Code already contemplated this rule of recidivism in its article 77, said that there is recidivism when the accused returns to commit a crime after having committed an earlier one for which he received a conviction. Currently our Organic Comprehensive Criminal Code maintains this regulation but emphasizes the commission of a new criminal offense with the same elements, that is to say it refers to the specific recidivism of typicity: deceit or fault, where a third of the penalty is increased for the person who commits another crime. In this sense we can observe that the Constitution of the Republic of Ecuador in article 11 number 2, guarantees non-criminalization by the judicial past of the persons, which would imply a violation of due process. It is considered that this article must be eliminated that contemplates our Integral Organic Penal Code since if we have a supra norm that is the Constitution of the Republic of Ecuador, There could not be a rule that violates the rights of people who have to be prosecuted because it is unconstitutional, It is evident that Constitutional Rights are violated.