Maestría en Derecho Constitucional

Permanent URI for this collectionhttp://repositorio.uta.edu.ec/handle/123456789/30517

Browse

Filter results by typing the first few letters
Now showing 1 - 2 of 2
  • No Thumbnail Available
    Item
    El Derecho Constitucional de no autoincriminación penal y el procedimiento abreviado del ecuador
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-01) Morales Cajamarca, Paola Maribel; Acosta Morales, María Gabriela
    The right of non-self-incrimination is in force in our constitution approved in 2008, therefore and in compliance with the speed and simplification of the processes, the abbreviated procedure is part of the decentralization of justice, being part of the Organic Code of Penal Procedure seeks to be more efficient by reducing the steps to issue a judgment. In article 635 of the Comprehensive Organic Penal Code, the abbreviated method is revealed as an alternative to the ordinary Penal procedure, proposing from the defense of the accused or the administration of justice methods for the reduction of a possible sentence, putting in evidence anti-constitutional laws that violate people's rights. For this reason, the principle of non-self-incrimination is affected by the need to reach an agreement between the parties in a trial. This is why the detonating factor is that one of the parties involved agrees to render versions of guilt in order to reduce or negotiate a sentence.The present work tries to analyze how a right such as non-self-incrimination is violated by actors who seek a benefit, be it these parts of those who direct the judicial norm by trying to expedite processes that take time until the trial. The right to autonomy of will of the parties constitutes for a good part of the doctrine a relatively new concept and sometimes considered of little doctrinal development, since it was from the French revolution and the development of new relations that a different conception of civil relations began to be created, based on the freedom of contracting. However, this freedom has been limited by legislation in order to guarantee legal security and has been relegated by normative formalities in some areas of the law. Just as the right of will has been established at the time of establishing a contractual relationship, a set of formalities have been developed for a very long time as a requirement for executing certain legal acts, so the same legislation has designed a whole system of protection for the contracting parties, which sometimes, as in the case of intestate succession, may be considered contrary to the autonomy of will. In this paper we will analyze the act of intestate succession as a characteristic act of notarial formality, its possible contravention of the autonomy of the will, and consequently, as an element generating limitations to the right to property. In this respect, an analysis will be made of whether the institution of succession and the formalities imposed by the notarial requirements could restrict the parties' right to autonomy of will and thus affect their rights.
  • No Thumbnail Available
    Item
    El principio de proporcionalidad en la reparación integral a las víctimas de infracciones penales en la legislación ecuatoriana
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-01) Medina Medina, Vanessa Estefanía; Segovia Dueñas, José Luis
    Ecuador, being a constitutional State of rights and justice, incorporated the principle of integral reparation in criminal law, being a purpose of the penalty should be strictly enforced, so in this degree plan it will be investigated as it has been applied this principle in conjunction with that of proportionality, because it will be demonstrated that the application of both principles is necessary to achieve this purpose, as well as the responsibility of the State to guarantee the fulfillment of the rights of people who come to the criminal system, for which it is investigated by means of the doctrine and comparative law which are the suitable and efficient ways of applying integral reparation, Mexico has been the one who has managed to comply with this part of the sentence, because it is the main responsible for the victim be repaired in the event that the guilty person does not comply with the compensation ordered by the judge, in the same way ra the Mexican legal system has several ways of complying with the reparation mechanisms through joint work with other public institutions, this can be accepted by Ecuadorian legislation and really comply with what is mandated by the Constitution and the Organic Integral Criminal Code ; On the other hand, it is investigated how the principle of proportionality should be applied so that the administrators of justice avoid applying comprehensive reparation in an arbitrary manner, since the rights of the victims are currently being undermined and they are being left in a state of defenselessness by how much by information obtained it is established that in most cases the sentence ordered by the judge is not fulfilled. Therefore, once the administrators of justice know more effective ways to apply this principle (comprehensive reparation) and the way in which they can add in the sentences the different forms of compensation established in the legislation and international treaties through the proportionality test, it will be possible to guarantee a true fulfillment of sentences and therefore of justice in criminal legislation