Derecho
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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 La situación jurídica del trabajador ecuatoriano y la mano de obra de los migrantes(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-05) Ulloa Ulloa, Diana Mariela; Frías Raza, Sergio EdmundoThe objective of this research is to diagnose the legal situation of the Ecuadorian worker and the workforce of migrants, which has led to many Ecuadorian workers being unemployed, which is why there is a need to inquire into the existing problems. When there is limited access to a decent job, workers would be violated one of the fundamental rights of the human being, such as the right to work itself, which is immersed in our Constitution of the Republic of Ecuador, a right that is paramount to the subsistence and maintenance of families that daily have the need to obtain income through a salary that at least allows them to cover their basic minimum needs. The methodology applied is quantitative by virtue of which statistical data are obtained through visits to public and private work centers in the Ambato canton, Tungurahua province, using the field study as part of the investigation, so that through the data obtained, it is possible to verify the existing reality in the Republic of Ecuador about the legal situation of the Ecuadorian worker; Likewise, an analysis of a descriptive nature will be carried out, which will allow verifying in which legal situation the Ecuadorian workers are and the labor activities that the migrants are performing in Ecuador. At the conclusion of the investigation, a proposal is formulated to regulate and control the labor insertion of migrants in companies located within the Republic of Ecuador.Item El principio de autodeterminación y el reconocimiento a las costumbres ancestrales jurídicas de los pueblos Afroecuatorianos(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-11) Alvarado Pilligua, Johanna Dolores; Vargas Villacrés, Borman RenanThe Constitution of 2008 in Title Two Fourth Chapter develops Collective Rights for the Afro-Ecuadorian people, also establishing recognition of Rights and Principles typified in International Instruments such as ILO Convention 169, Charter of the United Nations, International Covenant on Human Rights Civil and Political, International Covenant on Economic, Social and Cultural Rights. In spite of the fact that the Magna Carta synthesizes Rights to the Afro-Ecuadorian People, the erosion of the Effective Protection of Rights to Black communities is evident, for that reason it is considered that the Legal Pluralism in Ecuador, develops with the Ordinary and Indigenous Justice, infringing the recognition to the Afro-Ecuadorian Jurisdiction. Although there are investigations that reflect the practice of Proprietary Law in Provinces of Esmeraldas and Imbabura, Afro-Ecuadorians are forced to be tried under Ordinary Justice. For this reason, we hold that it is important that the ancestral legal practices of Afro-Ecuadorian peoples be recognized through the Self-Determination Principle avoiding the violation of National and International Rights.Item La proporcionalidad de la pena en delitos de piromanía y los derechos de la naturaleza(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-06) Cunalata Montaguano, Fabian Vinicio; Sánchez Espín, Jorge EnriqueThis investigation is based on the fact that it is not just a comment on the proportion of punishment in the crimes of pyromania, but it is very important to establish that the chords that are in use, which are also used, to protect the rights of nature. through a legal reform. To be consistent with the present research work, it is always part of the provisions issued by the Constituent Assembly, in the city of Montecristi, where the Constitution of the Republic of Ecuador was created in 2008, as the supreme norm, which has supremacy Constitutional All others, including the International Conventions ratified by Ecuador, with the only salvation that needs them, are included in the Constitution. The Right to Effective Judicial Guardianship is the paradigm of this research work, because its main objective is the proportion of sanctions and the legal protection of rights, which can not be violated by the different justice operators. It must be taken into account that fundamental rights with the current constitutions.Item Las condiciones impuestas por las Juezas y Jueces penales y la reincidencia de las personas beneficiadas con la suspensión condicional de la pena(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-06) Chuquitarco Rueda, Alex Iván; Sánchez Espín, Jorge EnriqueThe present investigation intends to seek the guarantee of principles and constitutional rights of the people deprived of liberty, who obtained the conditional suspension of the sentence, through a legal reform and thus be able to avoid the non-fulfillment of conditions imposed by the Criminal Judges. In the evolution of law, our country, which has not been the exception, has carried out reforms and counter reforms to the different legal bodies, always seeking the common good; reforms in criminal matters assume a different and exceptional role to have in their legal requirement the freedom of the human being. For the development of this research work is necessary to start from the provisions of the Constitution of the Republic, as the supreme rule, which has supremacy over any other law, decree, agreement, resolution, ordinance, etc., without neglecting the Treaties and International Agreements ratified by Ecuador, and that when referring to Human Rights are on our Constitution. The Right to have a true control body of the persons deprived of liberty who have obtained the conditional suspension of the sentence, constitutes the paradigm of the investigation, because its main objective is the legal protection of rights, which are not they can be violatedItem La concurrencia de la responsabilidad penal y el sobreseimiento(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-04) Guaigua Maldonado, Cecilia del Carmen; Poaquiza Poaquiza, Angel PatricioThis investigation is based on the fact that it is not only aimed at guaranteeing principles, guarantees and constitutional rights that are established both in the Constitution of the Republic of Ecuador, and in the Comprehensive Organic Criminal Code, what is sought is that through a legal reform to accede without restrictions to these principles, guarantees and rights. To be consistent with the present investigative work is always part of the provisions of the Constitution of the Republic of Ecuador of 2008, as the supreme rule, which has constitutional supremacy over any other law, then focus on the International Treaties and Agreements ratified by Ecuador, with the only exception that the same when dealing with human rights are even on the Constitution. The Right to Judicial Protection, comes to make the paradigm of this work, because its main objective is the legal protection of rights, which can not be violated by justice operators. It should not be forgotten that fundamental rights are born with modern constitutions.Item 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 IvánAccording 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.Item Las sentencias en delitos penales contra la vida y el principio de interculturalidad(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-11) López Martínez, Edisson Ramiro; Segundo Tite, RamiroThe main objective of this research is to ensure respect for and correct application of the principle of interculturality, due to the fact that its nonobservance or disrespect to it produces a latent problem, thus arousing a disagreement, so to speak, in the People who belong to the indigenous peoples and communities of the city of Ambato. Failure to comply with the principle in criminal offenses against life committed by indigenous persons, whether due to lack of knowledge of the law or lacking sufficient means of training and training, would aggravate the existing situation of conflict between ordinary justice and Indigenous justice, thus becoming a social problem. The continuity of such irregularities, which by their irreparable effects cause constant discomfort, violates constitutional rights and principles. It is because of this situation that one chooses to adapt an obligation with respect to the application of the principle of interculturality. The purpose is to restrain the inconsistencies produced by the Criminal Guarantees Judges, in order to apply this principle, in terms of their powers, to ensure a more harmonious environment between society.Item La perfidia laboral y los derechos del trabajador(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-11) Canseco Bedoya, Lizeth Patricia; Espín Sandoval, Luis FernandoThe purpose of this investigative work, entitled "Workplace Perfidy and Workers' Rights", is to analyze the problem that arises between workers and employers, by signing a blank title, as a guarantee of future material damages or a requirement to start a Labor relations and generate possible solutions. Workplace Perfidy is applied in the action of the hiring to a worker, which makes visible the deception and the act of bad faith on the part of the employer, in this case it is important to point out that in assessing these irregularities in the labor sector, It is necessary a reform that conforms to the constitutional and legal principles and rights of the worker, that is why in the present investigation has cited the most relevant issues in doctrine and jurisprudence with the help of research tools such as the survey and interview Has come to obtain the direct opinion of the workers and authorities who perceive this problem on a daily basis. Fifty percent of the workers affected by this action immediately seek help from the Ministries of Labor in order to arrive at a mechanism for settling disputes, but on reaching an agreement between the two parties, the same is unfavorable for the worker and Witness the violation of rightsItem Pago del Décimo Cuarto Sueldo en pensiones alimenticias y el principio de proporcionalidad(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, 2017) Saravia Vásconez, Ana Maricela; Tipantasig Cando, Jaime TarquinoABSTRACT In Ecuador the economic crisis is evident affecting the middle and lower classes, unemployment is definitely present, which is an obvious factor that causes the delay or failure to pay food, these obligations are subject to trials And in most cases to the deprivation of their liberty, in this way this investigation addresses some consequences of the "payment of food as it has to do with the payment of the Fourteenth Salary that are applied in alimony and the principle of proportionality," Mention is made of the table that is applied for the fixing of maintenance payments and the nonconformity with the values obtained by it. So also how the principle of proportionality is affected, when designating a value to a single fed, being violated the test of proportion to assess the constitutionality of a restrictive measure of rights. The question that is of interest then is how and with what requirements rights can be limited. In fact, the principle of proportionality is now perhaps the best known and most recurrent limit on the limits of fundamental rights, and to that extent it is a barrier to undue intrusion into the realm of rights. It is intended to start the path that can answer the question what can we do in this context? It is proposed the creation of a bill to reform the innumerated article 16 numeral 2 of the reformatory law to title V, book II of the Organic Code of Childhood and Adolescence, which will fill the legal gaps and distribute payment equally Of the Fourteenth Salary.