Maestría en Derecho Constitucional
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Item La acción de protección como mecanismo de defensa ante acto administrativo lesivos de derecho(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado. Mención Derecho Constitucional, 2023-08) Andino Silva, Edy Juan; Espín Meléndez, María CristinaThe Ecuadorian Constitution establishes that the protection action has as its objective the direct and effective protection of the rights recognized in the Constitution and can be filed when there is a violation of constitutional rights. However, the Organic Law of Jurisdictional Guarantees and Constitutional Control establishes in which cases the action for protection does not proceed, specifically, in the case of administrative acts. In general, the protection action is not valid if the administrative act can be challenged through judicial channels, unless it is demonstrated that such channels are not adequate or effective. This means that the protective action is restricted in its use, being considered as a residual and subsidiary measure. Sometimes, administrative acts issued by public authorities are not necessarily illegal, but they do violate fundamental rights that can only be recognized through the Action for Protection, which is considered an effective and adequate means for its resolution. This action constitutes a mechanism to protect and guarantee the rights of individuals against acts of the administration that may violate them. Therefore, it is necessary to consider how protection is understood in the framework of a constitutional State of rights and justice and how the principles are applied in relation to the action for protection. The objective of this research is to determine whether the action for protection is viable in cases of administrative acts.Item El uso del sistema Sajte de la función Judicial y la garantía del derecho a la protección de datos, intimidad, honor y al buen nombre(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado. Mención Derecho Constitucional, 2023-08) Allán Fiallos, Gabriela Carolina; Frías Raza, Sergio EdmundoIn Ecuador, under the right of access to public information, the Automatic Ecuadorian Judicial Processing System (SATJE) was created, this system arose with the objective of complying with the right of access to public information of judicial cases, it is thus that the excessive exposure of personal data causes the violation of constitutional rights such as the right to data pro tection, privacy, honor and good name, so the investigation focuses on the need for our legal system to regulate the right to be forgotten, mainly when the information that is uploaded in the system is: inaccurate, imprecise, obsolete or relapse when a pro cess has been terminated due to dismissal, ratification of innocence, abandonment, or withdrawal. Since in the theoretical framework a set of norms of national and international legislation, analysis of jurisprudence of ordinary and constitutional justice, and doctrine texts that have focused on the analysis of the rights described above are addressed. In the same way, resorting to to comparative law, the legislative texts of countries such as Colombia, Peru and Argentina will be incl uded to determine the treatment that is given in these sister nations for the purpose of this study and in this way to be able to verify if they have made progress in the recognition of this set of aspirations of people in their respective legal systems. I n this context, a qualitative methodology was applied with emphasis on bibliographic research, where the jurisprudential decisions of the Constitutional Court of Ecuador were analyzed. In this way, it was concluded that the case consultation module can vio late human rights such as privacy, honor and data protection, as well as emerging rights, for example, the right to be forgotten. In addition, the present investigation is based on a quantitative approach, since through the survey that was applied to the l awyers in Free practice of the Province of Tungurahua of the Ambato Canton, through the collection of data, where it is concluded that the digital platform of the judicial function or SAJTE System, is open and easily accessible to any user where personal d ata is easily accessible, where it can be observed that it violates constitutional rights. Therefore, the elaboration of a document of critical, legal analysis regarding the application of the right to be forgotten is proposed.Item El incumplimiento de las disposiones transitorias del código orgánico de entidades de seguridad ciudadana y orden público y su incidencia en los derechos fundamentales de los agentes civiles de transito(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado. Mención Derecho Constitucional, 2023-08) Pinto Morales, Andrea Estefanía; Vayas Castro, Guillermo SantiagoThe present investigation revolves around verifying if the disciplinary administrative processes followed by the Civil Traffic Agents, comply with the right to legal certainty and effective judicial protection in each of their procedures, even more so when the first transitory provision of the Organic Code of Citizen Security and Public Order Entities provides that while the regulations that regulate the actions of this collegiate group are issued, the provisions of said code will be in the most favorable to the administered. The qualitative approach allowed us to analyze and explain the causes of the scarce or apparent motivation of the disciplinary administrative processes followed against the civil traffic agents, in which a violation of constitutional rights is clearly evident due to the non-compliance with the provisions of the first Transitory Provision of the COESCOP and others corresponding to what has to do with the Civil Traffic Agents, that is, not having regulations that govern their actions, specifically; Therefore, this situation leads to a violation of fundamental rights such as due process and consequently legal security and effective judicial protection. From the findings, it was evidenced as a general rule that, to date, the Constitutional Court has already admitted an action for non-compliance with what is indicated, that is to say that the municipalities do not have an established regulation for the body of Civil Traffic Agents, with such admission by the Control Body, it results in coercion or interests of a collective nature, placing within this group the administrators that correspond to the Civil Traffic Agents, without considering Absolutely not that several fundamental rights are at risk. To finalize the hypothesis proposed by the author was fulfilled, since from the findings found it can be evidenced that there is a violation of the fundamental rights of Civil Traffic Agents.Item Los derechos de la naturaleza y la aplicación del derecho de restauración en los conflictos ambientales(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Maestria en Derecho Constitucional, 2023-08) Aroca Rivadeneira, Ricardo Paúl; Vayas Castro, Guillermo SantiagoThe present titling work Development Project modality has as general objective: "To legally investigate the application and complexity of the right of restoration in environmental conflicts in cases with emblematic sentences in rights of nature", the same development several topics in the chapter II, inquired about the Right to nature, the Sumak Kawsay where this concept is explained in the different constitutions of South America. To then identify that Nature is a subject of rights, that is, it has all the rights enshrined in the constitutional norm. It was also inquired about environmental restoration that seeks to repair environmental damage. In addition, the state of the art was complemented with topics related to research such as restoration, rehabilitation, remediation, mitigation, topics related to the right to nature, adding both the constitutional regulatory framework and specific regulations. The present work analyzes the right of restoration in environmental conflicts, especially in the two cases with emblematic sentences in rights of nature, for which those selected by the Ombudsman's Office in 2020 were taken as a reference, in which presented a series of complexities due to various factors that were developed in chapter IV, to conclude with chapter V in which both the conclusions and recommendations were developed, thus understanding that the right of restoration in environmental conflicts must establish clear objectives and achievable for environmental restoration, which the judges must understand and understand that nature is one more subject, it must be emphasized that the present investigation sought texts by both Dr. Ramiro Ávila and Ecuadorian authors, comparative and international norms, scientific articles and others.Item La declaratoria de lesividad en instituciones de educación superior del Ecuador, frente a la vulneración de Derechos fundamentales en el ámbito administrativo(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Maestria en Derecho Constitucional, 2023-08) Iza Cando, Germán Marcelo; Poaquiza Poaquiza, Ángel PatricioThis investigation investigates whether the violation of fundamental rights in the administrative field with the purpose of preventing constitutional and administrative actions in the public administration, especially in higher education institutions, since by not observing the constitutional principles and guarantees, in administrative acts they affect constitutional principles and guarantees, damaging rights considered fundamental by our Constitution and international regulations. The following specific objectives were analyzed: 1. Carry out a legal and doctrinal analysis of the declaration of harmfulness of administrative acts. 2. Identify the violation of rights by the declaration of harmfulness of the favorable administrative act. 3. Determine in the administrative resolutions declaring harmfulness the existence or not of violation of fundamental rights. In the first chapter, of the theoretical framework, it was analyzed doctrinally andxv legally in relation to the administrative and constitutional field, in which the meaning of the administrative act is conceptualized, as well as the elements, characteristics, requirements, validity, favorable acts, its revocation, until the revocation of the favorable administrative acts through the declaration of harmfulness, in the same way the requirements, nature, effects that can cause the administered and the administration, when carrying out a procedure of declaration of harmfulness in the administrative field, were reviewed. considered national and international jurisprudential casuistry, entering the constitutional sphere in order to determine in the administrative procedure the violation of the fundamental rights of the person as a public servant affected, by the declaration of harmfulness. In the chapter of the methodological framework, surveys will be carried out in order to find out if the legislation corresponding to the administrative field, in coordination with the constitutional one, is applied in a practical way in higher education institutions, especially in newly created universities. Finally, the conclusions and recommendations are presented, which emphasize the main results achievedItem El principio de motivación en la práctica del sistema judicial penal del Ecuador(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado: Maestria en Derecho Constitucional, 2023-03) Guaquipana Bayas, Alexandra Verónica; Tite, Segundo RamiroThis research work that works as a degree work for obtaining the Master's Degree in Constitutional Law and is entitled: "The principle of motivation in the practice of the criminal justice system of Ecuador", is concerned and concrete in the detailed study of the content, requirements and structure of the principle of motivation as a constitutional principle and guarantee that constitutes due process, and also as a procedural principle for criminal proceedings. Consequently, it is necessary to review its current situation, both from a theoretical and practical point of view in the Ecuadorian judicial system; considering as a general objective: Analyze the application of the principle of motivation in the Ecuadorian criminal justice system, through the analysis of a sentence of the Constitutional Court. What has been achieved through the application of a qualitative research methodological approach and the use of methods such as bibliographic review, historical-logical, inductive and analytical-synthetic. All that allowed to punctually point out the shortcomings around the theoretical and practical application of the principle of motivation.Item El derecho de alimentos en condiciones de doble vulnerabilidad en el sistema de fijación de pensiones alimenticias(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado: Maestria en Derecho Constitucional, 2023-03) Heredia Larrea, Ana Cecilia; Frías Raza, Sergio EdmundoItem Vulneración del derecho a la propiedad y seguridad jurídica por el servicio de rentas internas(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado: Maestria en Derecho Constitucional, 2023-03) Guaitara Fiallos, Diego José; Saca Balladares, Melinton FernandoLegal Security and the Right to property are rights established in Art. 82 and Art. 66, numeral 23 of the Constitution of the Republic (CRE 2008), they are established as fundamental rights, which the Constitutional Court has been developing in several of their sentences; Likewise, in 2012, it resolved the constitutionality query published in the Official Gazette Supplement 787 of September 12, 2012, (CCE 2012) on the Reservation of Title, indicating that this same law protects the creditor, guaranteeing the right to ownership of the reservation of title. The coercive judges of the Internal Revenue Service have been violating the right to property and legal security since 2019, failing to apply the norm regarding the retention of title established in the Commercial Code and in the same Law of Reservation of Domain that was in force at that time and the Resolution of the Constitutional Court, which has generated insecurity in the inapplicability of the norm, leading to legal uncertainty and affectation in the property of creditors. The general objective that will guide the investigation is focused on establishing how the Internal Revenue Service by coercive judges violate the Right to property and Legal Security The type of research is field under the case study modality with a critical analytical study method. The support for the development of this research work is based on the descriptive scope of qualitative research.Item El control de convencionalidad en la administración de justicia en el complejo judicial en la ciudad de Latacunga en el año 2021(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado: Maestria en Derecho Constitucional, 2023-01) Altamirano Guerra, Verónica Cristina; Vayas Castro, Guillermo SantiagoThe present degree work modality Development Project with the general objective: “Analyze to what extent the control of conventionality is used in the administration of justice in the Judicial Complex of the city of Latacunga in the year 2021”, in order to know if these legal tools were applied within a given space and time, that is, dimension the scope of the 55 international treaties and conventions ratified by Ecuador within the protection of Human Rights. Conventionality Control has been invoked in various cases of the Inter-American Court of Human Rights, as in the judgments of the Constitutional Court of Ecuador, with the purpose of promoting a legal practice with a human rights approach. The present work allowed us to understand the origin and development of the stages of conventionality control, its parameters, so it is the duty of the Ecuadorian State that the Treaties and Agreements are respected through its authorities and justice operators, not only with the objective to repair, but also to preventItem La implementación de un sistema bicameral en la Asamblea Nacional de la República del Ecuador(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado: Maestria en Derecho Constitucional, 2023-01) Guamán Gaibor, Washington Oswaldo; Guerrero Zúñiga, Edison RamiroThe unicameral parliament entails difficulties and disadvantages that reduce the fulfillment of the functions that the political system expects of it. The purpose of the investigative work was to analyze the contribution of the implementation of the bicameral system in the legislative function of Ecuador. The approach used was of a mixed type, with the collection and collection of information and data for analysis. It was also quantitative and focused on collecting documentation and skills towards the phenomenon addressed. An analysis of Comparative Law was carried out, with a descriptive typology. Documents on the Ecuadorian and international legislative system were analyzed. The population were professionals of Ecuadorian law; a convenience sample of 22 law professionals, familiar with the constitutional branch, was taken. A self-administered questionnaire was designed, with simple selection, with YES or NO response options, with 16 interrogative formulated items. The results of the survey showed, for the dimension advantages of the bicameral system, a unanimously positive aptitude of the surveyed sample with respect to the formulated indicators. In the dimension obstacles to a bicameral reform, 77.3% stated that the Ecuadorian Constitution does have a flexible structure that makes a constitutional reform that establishes a bicameral legislature feasible. In the problems dimension of the unicameral legislative function in Ecuador, the respondents almost unanimously agreed with the existence of all the problems reflected in the indicators. For the most part, there was no positive attitude towards the possible advantages of the unicameral legislative function in Ecuador. It is concluded that, in Ecuador, a reform towards the bicameral parliament to have a National Assembly with better mechanisms for reflection and moderation in the production of laws, as well as a mechanism for the division of powers, is feasible.