Derecho

Permanent URI for this collectionhttp://repositorio.uta.edu.ec/handle/123456789/893

Browse

Filter results by typing the first few letters
Now showing 1 - 1 of 1
  • No Thumbnail Available
    Item
    El derecho de las madres privadas de la libertad a recibir visitas de sus hijos menores de edad en relación al interés superior del niño, en el Cantón Ambato, 2014
    (2016-03) Acurio Hidalgo, Marcelo Patricio; Jordán, Jeanette
    This research project has references type : social, historical, comparative, legal and doctrinal; two constitutional principles : the present Article 51 No. 2, Talking about the right to possess private mothers freedom to communicate and receive visits from their minor children, and the principle known in the world as " Best Interest of the Child " constant in Article 44 of the Constitution and the degree of impact on children law, and adolescents , through the visitation as a means conducive to allow younger son 's relationship with the parent who is deprived of freedom. One precaution is that the objective of this research is to determine the incidence of these constitutional rights, at the time when both private stem libertads, as the minor child has the right to keep visits to each other and there is no clear procedure for this purpose in the execution of the sentence in the Criminal Code of Integral, as the Model of Management Penitentiary of Ecuador, leaving the vagueness of the norm whether to allow the entry of a child or adolescent to a Center imprisonment for Adult. As demonstrated by the theory of Robert Alexy weighting, these constitutional rights may act positively or negatively on the legal figures contemplated in law and in practice even legal proceedings and administrative. This work will be supported on the basis of current doctrine and the establishment of specific cases. Therefore it is proposed to introduce a reform the New Model of Management Penitentiary of Ecuador, requesting the location of a suitable site for the minor to carry out the process of the mother visits her private freedom, garnantias have all the security and protection , the site maintains a similar level to that of your home, so that no trauma to the child is not saved,