Maestría en Derecho Constitucional

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    El pragmatismo de las políticas públicas para la igualdad en discapacidad y el derecho constitucional de educación inclusiva
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-11) Guacho Yuquilema, Edgar Franklin; Benavides Benalcáza, Merck Milko
    This investigation born from the comparative, historical, doctrinal, constitutional, legal and development analysis regarding public policies and constitutional law that seek to concretize the exercise of rights for all people. For their part, public policies since their historical development have been characterized by detecting problems in society, in democratic and rights states; based on a certain constitutional paradigm and political line of the current government. It is convenient to emphasize that in certain cases the determination, formulation, development and evaluation of public policies has left aside the historical, economic, social and constitutional development context, focusing on simple legal compliance. On the other hand, the development of the law is based on the fulfillment of the guarantee of the declaration of Human Rights, under these characteristics the states in their legal or constitutional reforms seek its effectiveness, although it is true that in certain cases they are constituted in theoretical postulates, due to the lack of state capacity and responsible entities that do not understand the constitutional responsibility regarding compliance. The effectiveness of Inclusive Education of certain quality has been verified as a public policy that seeks to guarantee the constitutional right to education in Ecuador established through the 2008 constitutional reform that is configured under the Constitutional paradigm of Rights and Social Justice. Under the characteristics established with the research development, the degree of materialization of public policies on equality in disability that seeks to materialize the right to quality inclusive education in both basic general education and high school in zone three was analyzed. Finally, it is indicated that public policy as a constitutional guarantee, since its establishment, has been linked to the exercise of power and mass manipulation of the current government without determining clear guidelines that make such guarantee concrete.
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    La responsabilidad social y ambiental del Gobierno Autónomo Descentralizado municipalidad de Ambato y la garantía de los derechos de la naturaleza
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-11) Paredes Guerrero, Fanny Cecilia; Cañar Jiménez, Diana Maribel
    This research work is directed to the study of the social and environmental responsibility of the local government of the canton, the understanding of its origin, characteristics, application, its focus on efforts to act responsibly and enhance its environmental impacts in a positive way to reduce negative effects in accordance with the powers established in national and international laws to prevent the violation of the rights of nature, research that is supported in turn on a study of environmental principles, social and environmental responsibility is regulated at the constitutional level , It has many international treaties of which Ecuador is a party, these treaties serve to direct the signatory countries to provide their States with sustainable and sustainable development, in order to take care of natural resources and act in a friendly and responsible manner with nature, few institutions public ions that apply this constitutional principle and when obtaining the results of the investigation it was seen the need to elaborate a public policy that is to say an ordinance that rules and regulates social and environmental responsibility, the investigated entity when executing its annual works plan , achieve the correct application of responsibility to protect the rights of nature by guaranteeing a quality of life to all the inhabitants of the canton, where its economic purpose does not exceed its social purpose that despite not being a natural person like any other being I live deserves its protection, conservation, reintegration and comprehensive reparation for the good of this generation and future generations. As established by law in the powers of the municipality, it will allocate a percentage of its budget to execute all plans, programs, and projects in the social sphere, and mostly works that were prioritized by the citizens, that is, the appropriate use of the economic resources in function and demand of the needs respecting basic principles of subsidiarity, co-responsibility, solidarity, territorial equity. Municipal public finances will be conducted in a sustainable and responsible manner with the aim of making investment in society transparent in such a way that it can be translated into the achievement of its objectives that entails achieving the good living of the population, seeking economic stability, giving priority to the care of nature. The Latin American states have regulated the protection of the environment as a subjective right, that is, to have the power to demand from the state its protection and conservation, environmental requirements and controls have worsened in recent years, where the export of resources is observed natural and this occurs in the different political regimes, which act with little responsibility and their actions lead to the degradation and elimination of good living, which is important for a fully dignified life while respecting mother nature.
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    Las políticas públicas de ingreso a las instituciones de educación superior y el derecho constitucional a la educación en Ambato
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-09) Bejarano Lizano, Jeaneth Alexandra; Montero Solano, Juan Pablo
    The present research work is initially directed toward the study of the origin of public policy in order to have a determined knowledge for which the public policy is destined or is created, its characteristics in the social environment, which is democratic, and its execution supports the development of society, which manifests the need for the creation of such policies that guarantee the educational rights of the community, This research is based on a study of education policies in Latin America, where Ecuador is one of the countries that has tried to modify its regulations as a result of questions about Ecuadorian regulations. policy of access to higher education that has been implemented in contemporary constitutionalism to guarantee the right to education and thus know what are the general mechanisms and their application in the Ecuadorian regulations focused on the welfare of citizenship in the free development of the aspirants to higher education within the good life. Similarly, it has been considered important to review how various constitutions such as those of Chile, Argentina, Peru, and Venezuela, among others, have included education as a fundamental and very important right for the development of society. In this context, we should also investigate how the Ecuadorian State, through its educational policies, intends to guarantee the right to education versus its application in Latin America in order to compare whether or not there is an application to equal opportunities that should be recognized when accessing university studies. The same applies to the analysis of international instruments that guarantee equal access.
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    La reparación integral en sentencias constitucionales y la garantía de los derechos de la naturaleza en el Ecuador
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-09)  Ramirez Campos, David Santiago; Vargas Villacrés, Borman Renan
    The human species is part of nature and life depends on the uninterrupted functioning of natural systems. Every form of life is unique and deserves to be respected, whatever its usefulness to the human being. The traditional conception of subjects of law, as well as the idea of nature as an entity that is useful to human beings has been modified by the Ecuadorian Constitution of 2008. In this normative body, nature is expressly recognized as a subject of rights and it has been tried to generate a conceptual and substantial change regarding various topics such as the development regime and the inclusion of good living. It is evident that, for the effective fulfillment of the established rights, a situation is required in which there is harmony between human beings and nature, which is precisely what good living seeks. The current Ecuadorian Constitution has established rights in favor of nature, including a constitutional reservation for its creation. By virtue of this, due to ignorance in the administration of justice, rights granted in favor of the pacha mama have been violated, which has required the presentation of various constitutional actions and precautionary measures in order to make effective the enjoyment of these rights. As a result of the absence of specialists in the expert system, the reparation for the damages caused to nature is presumed unfair. In short, Ecuador establishes that nature has the right to have the existence, maintenance and regeneration of its life cycles, structure, functions and evolutionary processes fully respected. Among other aspects, what is established is developed within the present investigation, with the objective of determining the different guarantees of the rights of nature