Maestría en Derecho Constitucional

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Subject: search.filters.subject.DERECHOS FUNDAMENTALES

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    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 Santiago
    The 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.
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    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 Patricio
    This 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 achieved
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    Los decretos de estado de excepción por desastres naturales en el ecuador y la garantía constitucional de motivación
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-01) Saca Balladares, Melinton Fernando; Acosta Morales, María Gabriela
    The present investigation revolves around the power that the President of the Republic of Ecuador has, to declare the entire national territory or part of it, under an Exception Status, whose executive decree in its content must necessarily observe the constitutional guarantee of motivation, which has been widely developed in the national and international constitutional jurisprudence, regarding the parameters that constitute it, always seeking to avoid discretionary and arbitrary actions by the state authorities. The qualitative approach applied, allowed to analyze and explain the causes of the scarce, contradictory, impertinent or apparent motivation of the executive decrees of the Exception State due to natural disasters in which the decisions of the authority are manifested, resorting to a field investigation through the application of surveys, and a documentary investigation through the collection of the data contained in the administrative acts called executive decrees of the Exception State due to natural disasters in the period 2009-2017, and their respective judgments or constitutionality rulings, in which the technique of observation and case analysis was applied. From the findings, it was evidenced as a general rule, that the control carried out by the Constitutional Court to the Exception State, is simply a formalism that seeks to satisfy the aspirations and provisions emanating from the Executive; Since all the opinions or judgments of constitutionality are favorable, without applying in any of the cases the Motivation Test that involves the parameters of reasonableness, logic and comprehensibility developed by the Court itself, without a doubt this omission of the Control Body responds to coercions or interests of a political nature, without considering at all that various fundamental rights of the people affected by the declaration are at risk. Finally, it is sought that the Executive Function assumes corrective measures regarding the due motivation of its Exception State decrees, framing them in strict compliance with all constitutional principles and guarantees, so that in their application no type of fundamental right.
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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 tutela judicial efectiva en el procedimiento de la acción ordinaria de protección
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-11) Guerrero Zuñiga, Edison Ramiro; Garnica Bustamante, Walter Patricio
    The origin of the ordinary protection action as a jurisdictional guarantee in Ecuador has been the subject of extensive legal debates. Due to, our present investigation established the main characteristics and elements that this action must have it. In that point, the application of the Justice Court will not harm to the justice bodies and the administration of justice. Furthermore, the effective legal protection is a constitutional right and it was being developed the main elements of it. In this investigation, it will be approached two important rights, such as: the due process and the motivation in constitutional judgements. Also, it will be used ten emblematic cases as the main focus and contribution to this investigation. Each case has the constitutional judgments of the first instance, the second instance and the Constitutional Court where the problem of inadmissibility of ordinary protection actions appears. It is used a qualitative approach where it helps to interact with the object of the study so, the cases were used to examined the main elements of it and to develop some concepts and understanding by using the bibliographic documentary record and files of judgements about the studied problem. As a result of the analysis of each case, the investigation shows what happened in the cases and its interpretation with some doctrine, legal criteria of effective judicial protection and ordinary protection action. Specifically, it explained what happened in the cases in which the ordinary protection action was rejected or inadmissible where it was founded that they were inadmissible due to a faulty motivation of the Judge. The faulty motivation was derived from a poor academic preparation of judges and lawyers and mainly there is an incorrect application and interpretation of: concepts of fundamental rights; the principles & constitutional rules and the grounds for inadmissibility. All of these cause that, the right of the effective legal protection can be violated and the action can be denatured, so, it produces that effective rights protection mechanism will not be applicated.In this context, for the effective protection of the right to legal protection, it was recommended that it is necessary to continue with its study, train students, judges, lawyers, etc. Also, it is important to repeal the grounds for inadmissibility and claim to the Constitutional Court to continue emitting jurisprudence binding, to achieve the certainty of the application of Ecuadorian constitutional system. Otherwise, it will be emitted unmotivated judgments of first instance, second instance and constitutional court by judges, which it generates a detriment to the users of the administration of justice.
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    Derecho a la libertad y aplicación de la prisión preventiva en delitos de robo y hurto
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-10) Jiménez Panimboza, Adriana Elizabeth; Guevara Fuentes, José Rubén
    The increase in the number of persons deprived of liberty in Ecuador draws the attention of all State institutions. State security is not reflected by the fact that there are more people incarcerated; On the contrary, in many countries a perverse circle of insecurity has taken root, where prisons constitute precisely one of its main links. The adversarial accusatory system, prosecutors and defense lawyers litigate before an impartial judge. But reforms to justice systems were oriented and had a fundamentally punitive approach, contravening logic, common sense and, above all, specialized recommendations. It should also be mentioned that Ecuadorian criminal legislation, as of August 10, 2014, the date on which the Organic Integral Criminal Code entered into force encouraged the abuse of pretrial detention. The judges currently issue preventive detention to a person without sufficient elements of trial since they do not know the profile of the persons processed, demographic data and family context: if they have family charges, labor relations, study, partner, income level, Disability, despite the lack of knowledge, judges issue preventive detention.