Derecho

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El abandono del adulto mayor y el derecho de alimentos congruos en la Parroquia Juan Montalvo Cantón Latacunga
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-09) Bedoya Vargas, Evelyn Paola; Tipantasig Cando, Jaime Tarquino
The present investigation has like subject: "The abandonment of the Greater Adult and the right of congruos foods in the parish Juan Montalvo of Cantón Latacunga", the same that is the point of departure of the present work. The abandonment is the helplessness of those people who, for some reason, are forced to protect. It is evident that in our society there is a high percentage of older adults who are in a situation of abandonment, since when they are considered as a burden by their relatives they are abandoned, some are in asylums while others in the streets asking for alms and exposed to many types of abuse and dangers including death. This leads to the violation of their fundamental rights established in the Constitution of the Republic of Ecuador. Because of the foregoing, this work was carried out with the purpose of publicizing the obligation that exists to give the respective alimony pension to the elderly, since due to their age they are unable to work and this makes them economically dependent on their families. The doctrine states that the food law requires that everyone enjoy everything for their subsistence, this means, an adequate standard of living in food, nutrition, health, education, clothing, and housing. With the right to an adequate standard of living older adults will be able to enjoy and live with dignity the last stage of their life, guaranteeing their physical integrity through their rights. The right to food congruos are those that enable the fed to subsist modestly in a manner corresponding to their social position, this provision of food is intended to provide a better quality of life to the abandoned older adult. It is a constitutional right to guarantee a dignified life for the elderly.
El abandono por inasistencia de la parte actora a las audiencias y la tutela eficaz de los derechos
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-06) Solis Solis, Yolanda Guadalupe; Poaquiza Poaquiza, Angel Patricio
Currently the General Organic Code of Processes is in force since May 2016, norm that regulates the procedural and pre-procedural aspects of civil proceedings, except for matters such as electoral, criminal and constitutional. The General Organic Code of Processes is the norm for the processing of trials in labor, family, tax and administrative litigation, and civil matters; regulating several aspects that were not previously regulated by the previous civil procedure legislation, such as the way of conducting the audiences, which must comply with several principles such as: publicity, procedural loyalty, orality, immediacy. The General Organic Code of Processes, says that there are several extraordinary ways to end a process including conciliation, retirement of demand, withdrawal, trespassing and abandonment. In accordance with the principle of orality enshrined in the Republic Constitution, all processes are governed by the oral system and the judges listens to the parties, the parties practice all proofs, the judge makes the oral statement and reasoned resolution. Currently article 87 of the General Organic Code of Processes, stipulates the effects of the lack of appearance to the audiences, stating in numeral 1 that when the applicant did not appear at the corresponding audience, his absence will be as abandonment; it is worth mentioning that the rule cited in Art. 249 shows us the effects of abandonment, among them, if the abandonment of the first instance is declared, no new claim can be filed. There may be several factors of force majeure for which the actor could not attend an audience among them who pass the following circumstances on that day such as: illness, domestic calamity, mechanical damage of the medium used by the actor to attend the audience. Our Republic Constitution in her articule 75 establishes the effective protection of rights and upon declaring abandonment, the plaintiff will not be able to file a new claim in the first instance, remaining defenseless because he can not exercise the rights that he is assisted.
La declaración del abandono de las causas según el Código Organico general de procesos y el derecho a la tutela judicial efectiva
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-11) Puente Culqui, Silvia Cecilia; Espin, Maria Cristina
The need for this research lies in the fact that this problem has not yet been studied in depth, that is to say, neither the High Courts and National Courts have not ruled on the scope of the right to effective judicial protection within the Declaration of Abandonment, being this research a contribution and contribution to the generated problem. The abandonment of the proceedings results in the loss of proceedings initiated, since no action was taken in the litigation by any of the parties over a period of time. The abandonment of the instance only causes the loss of the procedure, but does not extinguish the actions and exceptions of the parties, as happens with the withdrawal of the demand. Access to justice or judicial protection according to the Constitutional Court of Ecuador is a duty of the State and specifically falls on the judges to guarantee access to justice, due process and compliance with the decisions that put an end to the proceedings, therefore ensures impartiality in the resolution of the claims of the parties, that the processes are substantiated in a constitutional way in accordance with the principles of immediacy and celerity, guaranteed in the Constitutional State of Rights and Justicial. The Canton Píllaro, municipality of the province of Tungurahua, whose cantonal head is the city of Santiago de Píllaro, counts on a population is of 38.357 inhabitants, in a surface of 443km ²; has two urban parishes: Ciudad Nueva and Píllaro; as well as seven rural parishes: Baquerizo Moreno, Emilio María Terán (Rumipamba), Marcos Espinel (Chacata), President Urbina (Chagrapamba-Patzucul). San Andrés, San José de Poaló and San Miguelito. In the Civil Judicial Unit, similar situation that is present in the whole country, there are causes that have been declared in abandonment with the current Code of Civil Procedure and logically with the General Organic Code of Processes.
Los delitos de violencia psicologica y el principio de celeridad procesal
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-07) Arias Rodriguez, Myriam Alexandra; Tite, Segundo Ramiro
sychological violence crimes are violent acts that undermine the dignity and life of every person. These crimes are repetitive because they cause internal damage to the victim, the aggressor takes advantage of its power and causes vulnerability of the person receiving the violence. Psychological violence not only receives the woman because she is more delicate but all the people who live in her family; since there are families in which machismo stands out and are those who take authority and power over their victims. Until 2014 psychological violence was considered a violation, but since it was approved the new COIP Organic Code Integral Criminal typifies as a crime which has been considered as blows to self-esteem through insults, threats, humiliation, scorn or deprivation authoritarian of freedom, a situation aggravated by the lack of a quick response in handling these processes. The principle of celerity is constituted by various mechanisms that seeks an expedited, fast and successful state action to avoid delay or impunity in cases submitted to it, in order to reduce impunity and procedural burden in our country, which it does not happen in the Fiscalía Especializada en Violencia Intrafamiliari located in Ambato, where we find the serious problem that in most cases are submitted to it but never punished either by abandonment or the complainant, the difficulty to show that in their cases the existing or the too extensive procedures which must be met in order to obtain a judgment psychological violence. Mostly we can say is that 95% are women who for one reason or another leave the causes and this implies that the administrator of justice by not knowing of the existence of the whistleblower cause breach of celerity in the administration of justice and for this reason the cause is in neutral state, until the file is declared because there is a legal impediment to their pursuit.
El estado y los adultos mayores en situación de abandono
(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2020-11) Acurio Maldonado, Pablo Manuel; Frías Raza, Sergio Edmundo
Today, older adults are at constant risk because of their age and the risks it entails, and they must have more protection and care not only by their families, but also by society. Taking into consideration that the life we lead is thanks to the efforts and sacrifices that in their time were made by these older adults who are going through difficult times. The object of study of this work of investigation is the relation between the older adults who are in a situation of violation of their rights when being in a total abandonment and the state as guarantor the fulfillment of the rights and obligations of all its inhabitants, thus to be able to determine the mechanisms and programs for the fulfillment of the stipulated thing in the Organic Law of the Older Adult and as well the Magna Carta. By gathering information from health professionals, social workers and lawyers in free practice through interviews, it has been possible to successfully collect the characteristics and risks faced by the elderly, as well as the mechanisms for their protection and who is directly responsible for carrying out their compliance in the case of total abandonment. After this work was carried out, it was concluded that the State, through its public agencies, must guarantee the effective fulfillment of the rights that protect the dignified life of the elderly in any situation they may find themselves in.
El principio de irrenunciabilidad de los derechos de los Trabajadores y el abandono del proceso
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-04) Guamán Fuentes, Maryuri Solange; Masabanda Analuiza, Galo Iván
According to the General Code of Processes - COGEP-, the abandonment is one of the extraordinary ways to end a process, the abandonment of a legal cause could be declared by a judge ex officio or at the request of a party, once 80 days have elapsed since the last notification of the last ruling in a process, being that now the procedural parts in non-criminal trials that have not requested anything from the judge will automatically fall into abandonment. The expiration is a way to extinguish the procedural relationship, which takes place after a certain period of time in a state of inactivity. It does not extinguish the action but makes the procedure void, that is, it extinguishes the process with all its procedural and substantial effects. From what has been said, abandonment is the lack of activity on the part of the actor in the process, leaving or renouncing the impulse of the cause, there is a tacit separation of both the instance and a resource. (Chiovenda G., 1987). The subjective element, are the parties, both actor and defendant, the actor that can be a natural or legal person, at the time the lawsuit begins its purpose is to continue and obtain the final result of a sentence, but for situations of carelessness or change of residence domiciliary does not promote the cause and grants a judicial procurement to the technical defense Art. 41 of the General Organic Code of Processes, are the agents who have power to appear at the process by the or the plaintiff or the defendant, and negligence The lawyer can cause the process to fall into neglect and violate the right of unfairness of the rights of workers.