Derecho
Permanent URI for this collectionhttp://repositorio.uta.edu.ec/handle/123456789/893
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Item El acoso cibernético y el derecho a la intimidad personal(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-12) Suárez Melo, Karla MicaelaABSTRACT The present project was carried out to investigate cyber bullying and the right to personal privacy, because currently this problem affects society in Ecuador, as the cases of cyber bullying are increasing, which is being done through electronic means, making use of the internet, and social networks among others, where the main objective is to damage the image of a person before society, thus violating the right to privacy of people, Although cyberbullying is not classified as a crime in the Comprehensive Organic Criminal Code, there are other crimes such as intimidation or psychological violence that start from this form of harassment and are studied throughout this project. The importance of this research is that cyberbullying can be regulated because it violates the right to personal privacy, whose rights are inherent in human beings, which creates a legal vacuum. In addition, a legal study of both variables is carried out in the research background, the scientific method is used through a survey addressed to the Judges of the Criminal and Fiscal Unit of the Ambato Canton, so that they give their legal criteria about the problem raised after the respective analysis of the result and verification of the Hypothesis of it, it has been possible to reach the respective conclusions and recommendations where a solution to the problem is given as a proposal, which is stated for posterity.Item El poder punitivo del estado y la proporcionalidad de la pena para el delito de peculado(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-12) Santamaría Altamirano, Diego Paúl; Tite, Segundo RamiroABSTRACT The Punitive Power of the State or Ius Puniendi "consists of the sanctioning power it has to impose a penalty on anyone who has infringed a legal norm. This represents an emanation of its sovereignty, and not a mere subjective right to punish". (Gonzalez, 2014). This power that a State has to impose the sanctions that correspond to each one of the crimes, allows it first of all to carry out a thorough study of the law to establish penalties according to the gravity of each crime; it is for this reason that the people in charge of making the laws must be people with sufficient preparation, with the necessary knowledge, to try not to make mistakes. The proportionality of the penalty is nothing other than to hope that both the authorities and those who draft the Constitution and the different laws of a State do so with this in mind, precisely so as not to punish drastic minor crimes with drastic penalties and instead impose low penalties for major crimes. The Argentine writer Eugeni Zaffaroni states about proportionality: "The principle of rationality can be assimilated to the principle of punitive proportionality since it is considered undermined at the moment of imposing penalties that are not in accordance with the unfairness caused by the commission of a crime, which must be inexorably considered in order not to further injure the principle of humanity through the imputation of irrational penalties. (Zaffaroni E., Criminal Law, General Part, 2005, p. 325). In Ecuador, the offence of graft must be punished according to the gravity of the offence, because the damage caused is to the national treasury, which affects all Ecuadorians. As has been seen in recent years, the scandals have been at the level of the countries of South and Central America, seriously affecting their economies because, according to the investigations carried out, the damage caused is several million dollars. The Ecuadorian State has the obligation to arm itself to prevent the crime of graft, or at least that people think twice before doing so, because they will know that the penalties that are going to be imposed are severe, to protect the economy of the State and thus establish proportional penalties for each crime that affects the efficient public administration. The doctrinarians Günther Jakobs and Manuel Cancio Meliá, in their book Criminal Law of the Enemy, maintain that: "...there also exist processes of criminalization "the old way", that is to say, the introduction of new penal norms with the intention of promoting its effective application with any decision, proceedings leading to new criminal rules that are applied, or to the stiffening of penalties to existing rules". (Jakobs & Cancio Melía, 2003)Item El testimonio del coacusado en procesos penales y su valoración como medio de prueba(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-12) Zamora Falconi, Pamela Michelle; Pazmiño Vargas, Klever AlonsoABSTRACT This research work is carried out to improve the Ecuadorian legislation regarding the scope of the testimony of the co-defendant in criminal proceedings and its evaluation as a means of proof, which focuses on demonstrating how it can violate the principles established in the Constitution of the Ecuador and in the international instruments and treaties on Human Rights signed by our country. Currently, the subject has a benefit for the legal sciences, legal scholars, legal professionals, procedural subjects and society in general, given that the issue has generated innumerable arguments at the time of applying Article 507 of the Comprehensive Organic Code 2014 . At the beginning of the investigation an in-depth analysis is made about the concepts and basic notions about topics such as testimony, witness, co-defendant, the test, means of proof, evaluation of the test and evaluation of the testimony, as well as the laws that they are valid and repealed, in order to reach a clear conclusion. The work continues with its study not only based on bibliographic sources but also on the analysis of the results obtained through field research with the technique of surveys carried out to legal professionals that contain knowledge of the aforementioned concepts and current standards. and repealed belonging to our State. The investigation concludes with the reproduction of examples to support the generation or reform of laws that better regulate the testimony of co-accused in criminal proceedings.Item El indulto presidencial en delitos contra la Administración Pública y el principio de seguridad jurídica.(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-12) Gavilánez Gavilánez, Alex Diego; Vayas Castro, Guillermo SantiagoABSTRACT The present titling work deals with the granting of the presidential amnesty in crimes against public administration and the principle of legal certainty, which in our country has taken a very political dye and generated rejection and distrust of this administrative act of the Executive who made use of of this purely discretionary power, it makes the decision to benefit a person deprived of liberty and who, in turn, recovers his freedom immediately, leaving aside the actions of the justice apparatus and also causing damages to the State such as the granting of this thanks to people who have been prosecuted and sentenced for the crime of peculation, important because crimes against public administration affect the national interest, the common good of a nation. The qualitative and quantitative approach is used due to the nature of the information collected through surveys and the application of interviews to experts in constitutional law and criminal law and is part of the research line of integral social human development due to the nature of its content, its objectives and whose proposal is developed through the promulgation of a special law that regulates the presidential pardon, limits it and specifies its minimum requirements taking into account the recent cases of crimes against the public administration that the country is going through and the region; in order to avoid committing them without those responsible face the consequences.Item La citación en pensiones alimenticias y el Debido Proceso(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-12) Salguero Mendoza, Galo Bryan; Poaquiza Poaquiza, Angel PatricioABSTRACT The purpose of this investigation is to respect the rights of the defendant, since when there is a demand requesting food for the minor, the person who proposes the claim must summon the feeder, once the judge accepted the process from that moment the Judge sets a provisional pension based on the table of alimony granted by the Judiciary Council, but if the latter (acting) acts in bad faith, it is wrong not to inform the obligor that a lawsuit was filed against him, and when make the citation effective there is a high amount of money that it (driven) must pay in full, as a result of the accumulation of alimony. The defendant is the affected party, since it has economically harmed the same, when at the end of the hearing the Judge in his decision orders the feeder, all the accumulated alimony is canceled. Our General Organic Code of Processes in its article 332, does not establish any term to comply with this provision (cite) therefore it is proposed as a solution to the problem that art. 334 Ibid in order to guarantee due process, so that it does not affect the rights of the feeder.Item Las medidas de protección y los procesos terapéuticos familiares de identidaden los casos de reinserción familiar.(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-11) Altamirano Pinto, Bryan David; Frías Raza, Sergio EdmundoABSTRACT The main objective of this research work is to analyze the protection measures that children and adolescents have, which are found in the Code of Children and Adolescents, ratifying what is embodied in the Constitution of the Republic, starting with that children and adolescents are subjects of rights thus ensuring the inalienable rights of minors and, above all, protecting the best interests of the child. At the beginning of the investigation, the protection measures applied at the international level are analyzed, the agreements to which Ecuador is subscribed, doing a bibliographic investigation on the subject in the main countries where there has been a greater advance in the matter of rights of minors this is in the countries of Spain and Chile. The analysis continues with the family identity therapeutic processes which are of the utmost importance to be able to assess whether a child or adolescent is able to return to live with their biological family, these family identity therapeutic processes should not only be applied. to minors who are at risk but also to family members where the child will live, so that the child has an effective developmentItem El delito de estafa y la permisibidad de conciliación en casos excepcionales.(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-11) Tiván Lascano, Alex Marcelo; Acosta, María GabrielaWith the present investigative work, we seek to analyze the possibility of conciliating within the crime of fraud, thus adapting this alternative method of conflict resolution which seeks in a quick and effective way to repair the damage caused to the victim, reaching a consensual agreement between the parties in which the right is not violated in any way. Within the following premise will be analysed the benefit that entails the possibility of conciliation within the reparation to the affected victim within the crime of fraud, as well as the benefit to the Ecuadorian State in the viability, efficiency, speed and saving of resources that this entails State so that when reaching an agreement between the parties could end a judicial process or even not start it.Item La fianza y la administración de justicia en materia penal(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-11) Velasteguí Gómez, Aarón Adolfo; Acosta Morales, GabrielaThe importance of the present investigative work lies in the fact that it tends to an adequate judicial tutelage and legal security, without this constituting a symbolic postulate. The administration of justice in criminal matters must therefore apply and guarantee the rights of the parties, mostly the weakest subject in a criminal process (accused or accused). The methodology applied is the qualitative one, which consists of the investigator approaching or making contact with a real subject or individual, which offers useful and pertinent information, based on experiences, values, opinions, through techniques such as interviews or documentary analysis. The human being as an individual, being the cornerstone of social development, the Line of Research corresponds to Integral Social Human Development. The proposal is that, through a reform of article 522 of the Criminal Comprehensive Organic Code, the bond should be incorporated and establishe as a precautionary measure of a personal order other than pre-trial detention, in order to avoid to the extent that it restriction of the fundamental right to personal freedom.Item Las licencias de conducir y la sanción en el Codigo Integral Penal(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-11) Bedón Pazmiño, Bryan Esteeven; Acosta Morales, GabrielaThe knowledge of the sanction to the driver's licenses of the land transport means, applied by the Integral Criminal Organic Code, the sanction by the judges is of transcendental importance, it has been determined that it is an imprecise sanction without punitive power what evidence that our code has an indistinct criminal type, unable to fulfill its punishable purpose or normally known as the punishment of the offender.The methodology used has been qualitative, the researcher has had contact with the individual, who has provided necessary and pertinent information through the technique used in the interview and documentary analysis, and being our evolutionary society, our Integral Criminal Organic Code, forced to merit assess its specific coercive nature in the second-class traffic contravention, if its sanction is currently being required with the individualized, strict and independent study of the expired, canceled, revoked and suspended license. Consequently, the investigation has been obtained that the sea typified a new sanction isolated from the contraventions that fulfill their main purpose, which is to promote rehabilitation and prevent subsequent crimes. Also, the National Transit Agency administratively its licensing and registration systems do not allow a triangulation of information with the judicial and control system. In addition, a comparative study was carried out between legislations such as Peru and Colombia that maintains similarity in its sanction and in the facts, in a specific sea that is a cultural social problem that our Ecuadorian State crosses in the road traffic following a wrong established sanction. in our lawItem Determinación de los terminos: Sujetos procesales y partes procesales en el Código Orgánico Integral penal(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-11) Farinango Chile, Fredy José; Tite, RamiroThis research work was carried out due to the notable confusion between the terms Procedural Subjects and Procedural Parties in the current Comprehensive Organic Criminal Code, an issue that has not been given due importance or study, the problem arises from the hand with the Appearance of the first criminal law in Ecuador, this is in the year 1837 and has lived with this problem until today, which becomes the wrong transition of the criminal law with an error that can be corrected in time, thereby avoiding confusion at the time of issuing rulings, sentences, providences even at the time of obtaining jurisprudence to impart it in chair to the students of Law in the different Center of Higher Education. For the development of this investigation, the Comprehensive Organic Criminal Code was analyzed and compared with measures and criminal resolutions issued and collected in the Latacunga city, so that the terminological error of which the current Ecuadorian criminal system is a victim could be recorded. Article 439 of the current Comprehensive Organic Criminal Code mentions the few subjects of a criminal proceeding, leaving a void in relation to the rest of the procedural subjects, also does not mention in any article the procedural parties and their attributions, to the point that the current Ecuadorian legislation tends to use these 2 terms as equivocally as synonyms within a criminal process, both judges and prosecutors, lawyers, society itself; perpetuating this problem