Maestría en Derecho Constitucional

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

Browse

End date: 2019

Search Results

Now showing 1 - 3 of 3
  • No Thumbnail Available
    Item
    El principio de control de convencionalidad en las sentencias emitidas por la corte Constitucional del Ecuador
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Comunicación, Desarrollo y Cambio Social, 2019-12) Pascumal Luna, Ricardo Fabian; Mayorga Naranjo, Nelson Eduardo
    This article gives an account of the object of the control of conventionality, in reference to the subjects obliged to apply it in the domestic legal system, from the perspective of the Inter-American Human Rights System. However, it was inquired how this principle is applied in the sentences issued. by the Constitutional Court of Ecuador, and its impact on the internal legal order of the State. The importance and interest of this research is focused on the fact that through the methodology of content analysis, 276 sentences of the highest constitutional body in the country were studied, with the purpose of determining the degree of application of conventionality, understood as conventions, judgments, advisory opinions and in itself the control that all administrative, judicial and jurisdictional authority must perform. The results were surprising, 99% of the sentences studied they do not apply the principle of conventionality control. We would explain why Ecuador has been declared internationally responsible before the Inter-American System, in addition to the payment of millions in compensation for reparations to the victims. The conclusion drawn from this investigation is that we have an unconstitutional legislation and jurisdictional system. It is essential to conclude that the Constitution of the Republic of Ecuador and no other norm of the internal legal order does not contemplate how and who should perform the control of conventionality of all acts derived from the jurisdictional organ, existing a normative and dogmatic vacuum in this regard.
  • No Thumbnail Available
    Item
    El derecho al libre desarrollo de la personalidad de los adolescentes y el principio de legalidad en los delitos de violación
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Comunicación, Desarrollo y Cambio Social, 2019-12) Arcos Morales, Jorge Enrique; Frias Raza, Sergio Edmundo
    The proposed investigation takes place in the scenario of the right to free development of the personality of adolescents and the principle of legality applied in the criminal proceedings for rape offences, when the accused are offending adolescents. Thus, at first it would seem that there is an antinomy between legal principles; thus determining the objective of the investigative work, i.e. to check whether there is indeed a conflict between principles, as it is conceived superficially or failing that there are events that link the differentiation between a valid rule versus a current rule. The research was based on a qualitative approach; cases and decisions issued in criminal proceedings against adolescent soreness for rape offences were analysed; this from events that translate to the exercised adolescents their right to free personality development have had sexual relations with effective consent; facts that in the legal scenario and assessed in the criminal proceedings, come to determine socio-educational measures that are depriving of liberty against the indicated adolescents. It can be said that the Constitution of the Republic of Ecuador, when it states that adolescents will enjoy the common rights of the human being, in addition to those specific to their age; recognizes and guarantees a catalogue of rights, in favour of children, this with the aim of reaffirming the recognition of children and adolescents, as subjects of rights equal to all human beings, in all meanings and without limitations, satisfying the need for the right legal instruments to protect and ensure their integral development. It was concluded that both the right to free development of personality and the principle of legality are valid rules; however, in criminal cases where rape offences have been prosecuted against adolescents who have had consensual sex, it is verified that the principle of legality applies out of force, distorting the legal effects for which the above-mentioned optimization budget was created. In this line, the results obtained from both the application of the interview form to Judges of the Family, Women, Children and Adolescents Unit of the canton Ambato, Prosecutor of Adolescent soreness, and the Director of the Center of Adolescents Violators of the canton Ambato; as well as the implementation of the survey form applied to adolescents with custodial socio-educational measures for the crime of rape, thus corroboratingly the objectives proposed in the investigation. Finally, a proposal for reform to Article 171, numeral 3 of the Criminal Comprehensive Organic Code, is presented with the aim of harmonizing this legal provision with the dogmatic budgets of the Constitution of the Republic of Ecuador, which involves related rights interdependent and interdependent, among others, priority care, comprehensive development, free development of the personality and dignity of adolescents; sincere lylaws valid for full-term status, under the parameters of specialty subject to the Constitution, the International Instruments of Human Rights and the law.
  • No Thumbnail Available
    Item
    El derecho consetudinario en la justicia Indigena
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho Constitucional, 2019-11) Vargas Villacrés, Borman Renán; Tite, Segundo Ramiro
    The Constitutional Rights constitute a manifestation in the National Constitutional, of the Human Laws that have been recognized by the international legal instruments. They recognize a set of prerogatives that, in essence, constitute the recognition of the status of being human, manifested in various environments, in which it’s essential as a sign of civility, the guarantee of a set of faculties that enable integral human development. In indigenous justice in Ecuador, by establishing itself as an autonomous jurisdiction, it implies the possibility of communities, peoples and nationalities to know, prosecute and punish those who violate those acts that violate community norms within their territories and by some member of the community. This recognition of legal plurality in Ecuador is a step forward in the recognition of ancestral cultures, but in terms of rights for those involved, it poses a challenge to the difference in the ordinary indigenous worldview. Thus, the absence of written norms, typical of the rights of these peoples, which is transmitted orally from generation to generation, manifests a set of restrictions on constitutional rights in the prosecution of the violator of the rules, such as the presumption Of innocence, the possibility of proposing evidence, access to defense, proportionality between offense and punishment, so that, in many cases, it contradicts the exception to that jurisdiction. It recognizes the proper administration of indigenous justice, but provided that the human rights recognized in the Constitution and international legal instruments aren’t violated, an issue that will build the central theme of this study