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URI permanente para esta colecciónhttp://repositorio.uta.edu.ec/handle/123456789/893

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Violencia obstétrica y la protección legal en mujeres indígenas
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-10)
Jaya Sasig, Karina Nicol
;
Acosta Morales, María Gabriela
Obstetric violence is a form of gender-based violence involving actions by medical personnel that violate the rights of pregnant women. It is currently recognized as a growing problem within the public health system, and despite numerous legislative and governmental efforts to eradicate it, it remains a daily reality. This research, entitled “Obstetric Violence and Legal Protection for Indigenous Women,” aims to analyze the incidence of obstetric violence and the rights of indigenous women. To this end, a qualitative approach was employed, utilizing interviews with a population sample intentionally selected based on the relevance and experience each participant could contribute. The research findings revealed that Ecuadorian indigenous women suffer racism and discrimination from public health system personnel, which has significantly diminished their trust in healthcare professionals. It is important to note that the investigation concluded that legal professionals tend to treat cases of obstetric violence as medical malpractice because this conduct is not specifically defined in the Comprehensive Organic Criminal Code. The investigation allowed for an analysis from a legal perspective but also highlights the social deficiencies that perpetuate this practice today. The research concludes that there is indeed a direct violation of the human rights of Indigenous women and that the lack of recognition of interculturality prevents the full exercise of their rights and hinders their access to justice
La cadena perpetua y las nuevas formas de criminalidad
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-10)
Fuentes Pruna, Genesis Fernanda
;
Tite, Segundo Ramiro
This study analyzes the possible implementation of life imprisonment within the Ecuadorian criminal justice system in response to the increase in violence, crime, and new modern forms of criminality related to organized crime, drug trafficking, contract killings, extortion, and other highly dangerous offenses. The main purpose of this research is to examine the legal implications that this criminal sanction would have, identify the possible constitutional and legal limitations for its application within the Ecuadorian criminal system, and evaluate the mechanisms currently used to confront the growing and persistent wave of criminality in the country. Through a qualitative approach, supported by doctrinal and legal analysis, as well as interviews conducted with judges, prosecutors, and practicing attorneys, it was possible to obtain specialized and personalized results regarding the efficiency and effectiveness of the different criminal sanctions that currently exist in the country, along with the urgent need to strengthen and toughen the criminal justice system in the face of the imminent growth of violence. Likewise, the study revealed the weakness and lack of control within both the penitentiary and criminal justice systems. Consequently, the research concludes that the problem of organized crime in Ecuador requires the implementation of severe and drastic measures, including harsher penalties according to the seriousness of each offense in a fair and proportional manner. However, it also requires internal and external reforms within the criminal and penitentiary systems, such as effective control over persons deprived of liberty and the fight against corruption within all public institutions. Furthermore, it is necessary to implement maximum-security prison segmentation for high-severity crimes, while ensuring that correctional centers for lesser offenses truly fulfill a rehabilitative purpose.
Los contratos inteligentes ejecutados mediante inteligencia artificial y la seguridad jurídica en el comercio electrónico ecuatoriano
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-09)
Soria Perez, Diego Andres
;
Jordán Buenaño, Jeanette Elizabeth
The rapid advancement of technology has profoundly transformed commercial relationships, giving rise to new forms of digital contracting such as smart contracts executed by artificial intelligence. These mechanisms allow contractual obligations to be fulfilled automatically through computer code deployed on blockchain networks, thereby reducing human intervention and operating costs in e-commerce. However, their implementation poses significant legal challenges, especially in countries like Ecuador, where current regulations do not specifically address the use of artificial intelligence in contract execution. This research analyzes the legal regulation of smart contracts executed by artificial intelligence in Ecuadorian e-commerce, aiming to identify regulatory gaps that affect the legal certainty of digital contractual relationships. A mixed-methods approach was used, combining documentary analysis of national and international regulations with surveys administered to lawyers, systems engineers, and merchants in the city of Ambato, employing a descriptive and explanatory research level. The research falls within the field of private law, technology, and e-commerce. The results show that, while the Ecuadorian Commercial Code recognizes smart contracts in Article 77, the national legal system has significant gaps regarding algorithmic liability, human oversight, and the reversibility of automatically executed obligations. Unlike the European Union, China, and Singapore, which have developed specific regulatory frameworks to govern artificial intelligence in contractual environments, Ecuador lacks equivalent provisions. It is recommended to strengthen and update the Commercial Code regarding electronic commerce and digital contracting, by reforming article 77 to include a specific definition of smart contract with artificial intelligence, establish the obligation of human supervision in its execution and determine clear criteria of responsibility for algorithmic errors or failures of automated execution.
La política criminal y el punitivismo estatal en la aplicabilidad del régimen penitenciario
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-09)
Sánchez Cañar, Vivian Lizbeth
;
Tite, Segundo Ramiro
In the face of Ecuador's prison crisis this research argues that criminal policy suffers from a punitive approach that has instrumentalized penal populism as a solution to the public outcry for security. This has transformed harsher sentences and limited access to prison benefits into a quick and low-cost solution that merely secludes crime in so-called "people storage centers" (prisons). The main objective of this research is to analyze the impact of criminal policy on the punitive configuration of prison systems. To this end, the legal mechanisms and parameters of this policy were identified, and the consequences of state punitivism on the progressive nature of the prison system were examined. Methodologically, a mixed-methods approach was adopted, combining bibliographic and field research. Furthermore, the research employed an exploratory and descriptive level. The aim was to acquire empirical information through interviews with judges of the Criminal Guarantees Court in the Ambato canton and surveys of inmates at the Tungurahua Prison No. 1. The above shows the general concepts and trends applied by Ecuadorian criminal policy and by the power to punish (ius puniendi) in normative reforms. Furthermore, the results demonstrated that the penal system, under the precept of abstract dangerousness, has generated normative limitations that discourage prisoners from rehabilitation, since there is no incentive to leave the self-governance of the prison system in which they find themselves.
La criminología mediática y el principio de inocencia en el Ecuador
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-09)
Tiban Gallo, Jorge Luis
;
Acosta Morales, María Gabriela
Ecuador is a country that has always faced a problem that transcends years of history and persists today: effectively regulating the transmission of information through all media outlets. Therefore, this research project aims to analyze the influence of media criminology on the presumption of innocence in Ecuador. The methodology of this research was developed using a qualitative approach, incorporating descriptive and analytical doctrinal aspects. Documentary and bibliographic research, as well as legal provisions, were employed. Interviews were also conducted with parties involved in legal proceedings and those affected by media criminology. The results of this research revealed violations of fundamental rights, such as the presumption of innocence, honor, and image of individuals undergoing legal proceedings. Furthermore, the indirect impact of media pressure on the institutions responsible for conducting and making judicial decisions was also observed. The analysis of these results revealed the need to implement spaces within and outside educational and state institutions to raise awareness about the sensitivity surrounding the excessive dissemination of information and to communicate the consequences of violating the presumption of innocence. It also highlighted the need for collaboration among state institutions responsible for conducting legal proceedings, such as the Council of the Judiciary and the Attorney General's Office, to effectively safeguard and classify information as non-disseminative. This leads to the conclusion that, although Ecuador is considered a state that guarantees rights, in reality and practice, rights enshrined in international and constitutional law are constantly violated.
Estudio comparado sobre las formas de control de la justicia constitucional ecuatoriana y latinoamérica
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-09)
Silva Pazmiño, Marcelo Alexis
;
Espín Meléndez, María Cristina
The research entitled “Comparative Study on the Forms of Control of Constitutional Justice in Ecuador and Latin America” is based on the field of constitutional law with the objective of determining the forms of constitutional control. It expands to examine, compare, and determine the various procedures, parameters, and legal challenges, through the legal means that guarantee the supremacy of the Constitution. The importance of delving deeper into this research topic lies in the fact that constitutional control constitutes a fundamental pillar of the constitutional state of rights and justice. Currently, the forms of control of constitutional justice are of particular relevance within the Latin American context. This is based on the constant transformations of constitutional systems and the role played by the supreme body in carrying out constitutional control in specific Latin American countries (Constitutional Court or Tribunal). From this context arises the importance of conducting in-depth research, identifying similarities, differences, and particularities among the various models adopted in countries of the region with social and geographical similarities that contribute to doctrinal development and the improvement of guaranteed mechanisms. The main result obtained was that the Ecuadorian justice control system has characteristics that allow it to be considered a mixed model within Latin American constitutionalism. In the Ecuadorian state, the Constitutional Court interprets legal norms, thus concluding that effective constitutional control varies according to the adequate articulation between jurisdictional mechanisms and the institutional strengthening of the bodies responsible for guaranteeing constitutional supremacy in close relation to the effective judicial protection of fundamental rights.
El sistema notarial telemático frente al principio de inmediación
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-09)
Tigasi Tigasi, María Ana
;
Pérez Mayorga, Betty Cumandá
The present research entitled “Telematic Notarial System and the Principle of Immediacy” analyzes the impact of the implementation of telematic notarial services on the principle of immediacy in the formalization of contractual acts in Ecuador. The study arises from the legal challenges posed by the incorporation of technological tools into the notarial function, particularly regarding the verification of the identity, legal capacity, and consent of the parties involved, which are essential elements for ensuring the legal certainty of notarial acts.The research is based on a qualitative approach, using documentary-bibliographic and analyticalsynthetic methods, supported by structured interviews conducted with five notaries from the city of Ambato. The results revealed that the telematic notarial system represents a significant step forward in the modernization and accessibility of notarial services. However, technological, regulatory, and operational limitations still persist, making it difficult to fully guarantee the principle of immediacy.The study identified that tools such as videoconferencing, electronic signatures, and the Secure Notarial Electronic Platform (PESNOT) constitute useful mechanisms for service provision. Nevertheless, these tools still present shortcomings related to the comprehensive verification of the free will of the parties involved and the prevention of identity theft or impersonation risks.It is concluded that, although Ecuadorian legislation recognizes the validity of telematic notarial proceedings, virtual immediacy has not yet reached the same level of assurance as traditional face-to-face immediacy. Therefore, it is necessary to strengthen technological mechanisms and improve the current regulatory framework to ensure adequate protection of public faith and legal certainty within the Ecuadorian telematic notarial system.
La valoración de la prueba digital y la motivación en el proceso civil ecuatoriano
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-09)
Pilco Vinueza, Jenifer Katerine
;
Jordan Buenaño, Jeanette
This research paper analyzes the assessment of digital evidence and judicial reasoning within Ecuadorian civil proceedings. The relevance of this topic arises from the incorporation of digital media, considering the absence of a unified regulatory protocol governing the admission, verification, and evaluation ofthis type of evidence, thereby creating legal gaps that compromise the legal certainty of the parties involved and the legitimacy ofjudicial decisions. Within the legal framework, this study examines the Constitution of the Republic of Ecuador, the General Organic Code of Processes, and the Electronic Commerce, Electronic Signatures, and Data Messages Law, as well as a comparative analysis of international regulations from Spain, Colombia, Argentina, the United States, and the European Union, taking into account the existence of specific regulations and solid technical protocols. Furthermore, Constitutional Court Judgment No. 1158-17-EP/21 is analyzed, as it establishes sufficient reasoning and reasonableness as standards for judicial motivation. The research adopts a qualitative approach combined with documentary analysis, legal and doctrinal review, and the application of interview guidelines conducted with ten civil judges from the Ambato Judicial Complex. This made it possible to identify the legal criteria applied in practice, the existing complexities surrounding digital evidence, and the current capacities of the judicial system. The information obtained was systematized through the ATLAS.ti tool, facilitating the analysis ofthe interviews and obtaining relevant and concise information. The findings revealed that digital evidence possesses particular characteristics such as intangibility, volatility, and ease of reproduction, Which require specialized technical mechanisms for its proper handling. Finally, it was determined that although Ecuadorian legislation recognizes digital evidence, there are still legal gaps regarding its admission, preservation, and evaluation within Ecuadoriancivil proceedings.
La justicia restaurativa y el procedimiento expedito en el sistema penal ecuatoriano
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-09)
Moscoso Tapia, Kenya Camila
;
Acosta Morales, María Gabriela
This thesis, titled “Restorative Justice and Expedited Proceedings in the Ecuadorian Criminal Justice System”, examines the influence of restorative justice on expedited proceedings within the Ecuadorian criminal justice system, taking into account the existing limitations to its implementation and the need to strengthen mechanisms aimed at comprehensive reparation and the building of a culture of peace. The overall objective was to analyze the influence of restorative justice on expedited proceedings in the Ecuadorian criminal justice system. The research was conducted using a qualitative approach, through a bibliographic-documentary and field study, supported by methods that allowed for the examination of doctrinal and normative foundations, as well as specialized criteria related to the subject under investigation. The research techniques employed included documentary analysis and interviews with a judge, a prosecutor, and a practicing attorney, all of whom are experts in the field. The results revealed diverse criteria regarding the application of restorative justice, identifying limitations related to lack of awareness, limited dissemination, insufficient specialization, and the absence of uniform mechanisms that would allow for its proper implementation within expedited proceedings. It was also determined that the application of restorative mechanisms can help strengthen dialogue between the parties and lead to a more comprehensive remedy for the harm caused. It was concluded that, while there is a legal basis for their application, practical and structural difficulties persist that limit their effective use, making it necessary to strengthen guidelines and mechanisms that allow for a more comprehensive and uniform application within the Ecuadorian criminal justice system.
El juramento deferido en materia laboral y la igualdad procesal de las partes procesales
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-09)
Chiluisa Alvarez, Damaris Mikaela
;
Masabanda Analuiza, Galo Iván
The research analyzed the evidentiary figure of the deferred oath in labor matters framed in Article 185 of the COGEP against the principle of equal procedure of the parties, supported by the CRE and international regulations. The purpose of the study was to identify elements for the applicability, judicialization and effects of this evidentiary element in the face of respect for the principle of procedural equality. To meet the objectives set, a qualitative approach was implemented, through interviews with experts in labor law. Likewise, a descriptive method was used, managing to characterize both variables and understand the causes and consequences that correlate with the deferred oath and procedural equality. The results showed the need to maintain an evidentiary figure in favor of the worker, however, the norm has a legal vacuum that affects the employer's right to defense and marks an obvious omission to the right to contradiction, which generates a violation of the principle of procedural equality and due process, In addition, there is no means by which it can be evidenced that the worker acted in good faith and with adherence to procedural loyalty. It was evident that in practice there are difficulties for judges in not establishing clear parameters for the evaluation of this evidentiary tool. The research concluded that the parameters of the deferred oath as an exceptional tool are delimited, but the implementation of mechanisms is required to corroborate the information provided by the oath, in addition to adding express parameters for the assessment and adding an instrument by which the oath can be contradicted and questioned, thus solving the limitations at a practical level.

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