Maestría en Derecho Constitucional

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    Los jueces de paz y el derecho constitucional de acceso a la justicia en Tungurahua
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-09) Sánchez Gavilánez, Joselyn Andrea; Jordán Buenaño, Jeanette Elizabeth
    Justices of the Peace have been incorporated into Ecuadorian Legislation, as a way to improve the Judicial System. In such case, the Magna Carta of Ecuador in 1998 (Const, 1998, art. 191) already recognizes the existence of the Justice of the Peace in charge of resolving community conflicts caused by equity. However, the application of the system demonstrated various inconsistencies and flaws and didn’t produce the desired outcome. As mentioned, in the Constitution of 2008 (Const, 2008, art. 189) the blueprints of this legal figure were restored. Paradoxically, these continued preconceptions continue being ineffective when guaranteeing optimum access to the Justice System. It is well established, that the intention of the judicial role in creating the Justice of the Peace is about gaining justice for those in rural areas of the country. However, the lack of objectivity and interest in the system doesn’t allow to break down the long existing financial and geographical barriers which separate these people from normal law. In such instances, it is vital to evaluate the legal and social aspects which impact on their effective application. In the same way an investigation is required to highlight the range and execution of conflict resolution through the Justice of the Peace. In this ruling, the Justice of the Peace is charged with issuing conciliation acts and equity resolutions to solve the dispute. However, there are no educational requirements to be a Justice of the Peace, in such case the lack of an academic background leads to a society doubting the effective protection and legal security of their rights. Furthermore, there doesn’t exist a legal measure to resolve such cases in the instance of one party not complying. Under these considerations, it is necessary to know the use of these regulations. A measure that will contribute with the State to adopt such necessary measures will benefit the most forgotten in our society, those in rural areas and those in need of means to effectively access their right to the legal system.
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    La violencia psicológica contra la mujer o miembros del núcleo familiar y la justiciabilidad del derecho a la integridad personal
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-10) Carrasco Cazco, Laura Yolanda; Jordán Buenaño, Jeanette Elizabeth
    The focus of this research work is focused on the scientific, social, cultural, health, political, legal and practical field of the public health problem, such as intra-family violence, a phenomenon that seriously threatens the development of the personality of the members of the nucleus. family and society in general. Hence, the objective of the study is aimed at the critical legal analysis of psychological violence against women or members of the family nucleus, in order to establish factors that affect the justiciability of the right to personal integrity. The more that the increase in the percentage of cases of domestic violence worries us at the present time.The subject is totally alarming, being necessary to try from the academy in search ofeffective solutions that lead to overcoming the supposed differences between genderand overcoming social exclusion, fundamentally in the creation of a culture of peace where patriarchy has no place and women are seen with equal rights and dignity. For this reason, the need for this investigative work to sensitize the population as a whole, under the constitutional precepts of physical, psychological and moral integrity, the right to live a dignified life free of violence. Well, the consequences of ill-treatment affect the health of the person who suffers it and that causes physical, psychological and even emotional disorders, where the victim loses his confidence and self-esteem, obstructing the possibilities of personal improvement. In the investigative process, a qualitative approach was applied as a methodology through the study of the contextual reality of the problem, through the types of documentary, correlational and case studies, subject to the line of research on fundamental rights, supported by the legal system Ecuador and international, historical background, theoretical foundations and practical results. Dimensions that at the end of this work have allowed to express criteria based on the results of the surveys applied based on theory, also, it was provided with suggestions of state, academic, judicial and legal order to combat all forms of gender violence.