Derecho
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Item El derecho a la libertad de expresión: análisis del caso radio pichincha universal(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-21) Bucheli Escobar, Karen Mishell; Vargas Villacrés, Borman RenánThe right to freedom of expression is a fundamental element within society, it guarantees that there is a fair and balanced democracy in the different countries, so that the population when exercising this right can express themselves freely about the different events, being a right enshrined in the Constitution of the Republic of Ecuador, it is guaranteed and safeguarded by the State, which ensures that there will be no reprisals when exercising it. There are international organizations that protect this right, even cataloging it as fundamental for individuals. Therefore, the objective of the research is to carefully analyze the national regulations in Ecuador such as conventions and treaties issued by international entities that safeguard freedom of expression, in addition to analyzing an emblematic case in the country "Radio Pichincha Universal". For this reason, the qualitative methodology was used, employing an analytical, explanatory approach, based on secondary sources to obtain information on the subject. Through the investigation, it is concluded that despite the fact that Freedom of Expression is a fundamental human right and is enshrined in regulations such as the Constitution of the Republic of Ecuador and international regulations, it has been violated not only by the Ecuadorian State but even by other countries, since in some way citizen opinion does not benefit the government in power, thus generating reprisals towards the media with the aim of closing them down and not allowing them to disseminate their opinionsItem La violencia intrafamiliar en las etapas del ciclo vital de la mujer de la Provincia de Tungurahua(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-21) Paredes Ruiz, Vanessa del Rocío; Poaquiza Poaquiza, Angel PatricioDomestic violence is violent acts committed by a family member that harm the well-being and physical and psychological integrity of women, who are exposed to many forms of violence regardless of the stage of their life cycle. A very relevant and important aspect is to analyze the effects that domestic violence causes in the stages of a woman's life cycle and how it affects her daily life in her home, so it is essential to identify the types of violence that have been used, and likewise to the person who exercises violence against the woman. It is estimated that 20% to 50% of women have suffered violence committed by a partner or family member, and a set of beliefs, attitudes and wrong behaviors have been used as an excuse to validate violence against women, resulting in the high rate of femicides in Ecuador, revealed by studies that women were psychologically, sexually and physically abused; They are more likely to have very serious psychological effects such as suicidal behavior, unwanted pregnancies and abortion. Therefore, it is essential that the State guarantees the protection of women's rights at different stages of the life cycle, as vulnerable groups, and the need arises to reinforce the public policy of protection and prevention towards women, by strengthening comprehensive programs that address domestic violence, and access to justice for victims must also be guaranteed.Item Violencia contra las mujeres en redes sociales y la libertad de expresión(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-01-29) Garcés Brito, Karen Xiomara; Vayas Castro, Guillermo SantiagoThe present research work has as its core in question the singularization of free speech in social networks of violence against women by this means, a subject considered to be the most popular and extensive means of communication available to any person regardless of age and without restrictions, policies that should evolve according to the new information and communication technologies whose purpose has not been limited to entertainment, communication, education, socialization, etc., but to the simple fact of offending, transgressing, threatening or harassing women's rights by publishing their privacy, stalking them, viralizing them without consent or violating them publicly in social networks, but to the simple fact of offending, transgressing, threatening or harassing the rights of women by publishing their privacy, stalking them, viralizing them without consent or violating them publicly in social networks, which is why currently the free speech has been distorted materializing in violence against women camouflaged as ideas, thoughts, criticisms, disagreement, comments and going to the extreme with insults and threats directly from the anonymity; International instruments have established certain limitations and restrictions to free speech on social networks to prevent this type of violence, but these should be applied in conjunction with national regulations, this would demonstrate the link that exists between a misinterpreted free speech on social networks with the violence suffered by women on social networks, a link that should also be demonstrated with an analysis of current regulations and criteria based on legal professionals in order to support in an exhaustive manner a reality that women live through violence on social networksItem El acoso sexual callejero como una manifestacion de violencia a las mujeres de la Universidad Técnica de Ambato(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Gallegos Llerena, Pamela Salomé; Acosta Morales, María GabrielaStreet sexual harassment is manifested through behaviors that make people who suffer it uncomfortable. It is a social problem that affects women more because society has normalized these gestures, comments and actions about their physique or they simply relate it. as a “compliment”. Unlike sexual harassment, street harassment does not necessarily involve a relationship between the harasser and the victim. The present investigation seeks to determine the existence of street sexual harassment as a manifestation of violence against women at the Technical University of Ambato. To carry out the research, a qualitative methodology will be used that will allow us to study this social phenomenon through interviews with women leaders who know more about the topic. Awareness and sensitization campaigns play a very important role within the university community, allowing its decrease and fear on the part of the people who experience it. The objective of these campaigns is to obtain an equal and fair society. On the other hand, by reforming the protocol for prevention and action in cases of harassment, discrimination, violence based on gender and sexual orientation that the University has, it helps to inform about this phenomenon and its respective sanctions. However, thanks to primary and secondary sources, it has been concluded that if street sexual harassment exists inside and outside the educational institution and it can be classified as a manifestation of violence because it affects women's emotional well-being, limiting them to develop within any area of their personal and professional life. The normalization of this phenomenon by society has allowed the necessary measures not to be taken to stop and mitigate this problem that harms women, leaving them traumatized and impeding their social well-beingItem Violencia gineco- obstétrica: análisis jurídico en su reparación integral(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-02) Yasig Villacrés, Lilia Estefanía; Poaquiza Poaquiza, Ángel PatricioThe research makes a diagnosis of the reparation measures provided in cases of gynecological-obstetric violence through the comparison and analysis of two sentences, the first one corresponds to the sentence 904-12-JP issued by the Constitutional Court of Ecuador and the case Brítez Arce and others vs. Argentina ruled by the Inter-American Court of Human Rights. The methodology applied has a qualitative approach, the research is descriptive with an analytical-comparative method and the interview is used as a technique with professionals who know about the topic. The study determined the great similarity between the reparation measures adopted in the two cases due to the adoption of the Human Rights International System in Ecuador, however, some deficiencies were found, as well it includes some recommendations to reduce violence in this health fieldItem Análisis sobre el aumento de crimen en base a la llegada de personas migrantes en Ecuador(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-02) Palacios Medina, Elián Alexander; Acosta Morales, María GabrielaThe increase in crime has become one of the most controversial problems today, which cannot be considered as the only reason for the lack of economy, political situation or lack of work of these people. This research work has the importance of making known the increase of crime based on the arrival of migrants in Ecuador, taking into account that, in order to achieve this research, it was carried out through various analyses and reviews of academic texts. In addition, it is necessary to establish if there is a correct lifestyle and protection of citizen security, since as a fundamental right within the constitution is the good living. Considering that the line of research will be on law, policy and research, lines that allow comparing, analyzing and describing only the reasons why crime still exists and what have been the various factors to regulate and control the increase of crime, not only in Ecuador, but also in several countries that act promptly to regulate this problem. The increase in crime is framed in economic, social and political spheres, with the purpose of crime and vandalism, reasons for which the citizenship has reflected dissatisfaction with the actions taken by the authorities to control and reduce crimeItem Ultraje e impunidad en los delitos de violencia contra la mujer en la Legislación Pena(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-01) Villagrán Salas, Myriam Patricia; Poaquiza Poaquiza, Ángel PatricioThe phenomenon of violence against women violates fundamental human rights that harm their physical and psychological integrity, rights and guarantees that the Constitution assigns to them by considering them part of the priority attention groups. The problem goes beyond what Ecuadorian criminal legislation establishes regarding crimes that violate women, we enter into a social and political anomalous, which opens the way to understand that just because we are a woman, our rights cannot be violated. . The results of the research are aimed at understanding all the social, economic and human factors that put women on the margins of violence, whether family or social. Not only is legislation responsible for establishing the ways in which violence against women can be punished and suppressed; Historically, at the end of the seventies in Ecuador, women have waged a struggle to not be seen as the passive subject for the practice of physical or psychological acts that have marked their lives. Hence the importance of this research as an unwavering and perennial fight to eradicate all types of violence that exposes women. This work will focus on the critical propositional paradigm; By saying that it is critical, it refers to the current and real analysis of the violence that women have experienced, with a purpose in which the principles and rights of women are recognized and positively promulgated so that their application is effective and efficient, of there it is purposeful. Violence against women is a history of all times, rooted in the same family nucleus, the patriarchies that society has imposed throughout civilizations place them on the preferred pedestal of violence, the environment of women has been denigrated . With my research I intend to discover the main causes and the economic, social and even legal policies that lead us to this and the way to counteract and reduce the detrimental effects of abuse of women.Item El habeas corpus correctivo colectivo y la violencia en los centros carcelarios del Ecuador(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-09) Valenzuela Miranda, Andrés Ignacio; Guerrero Zuñiga, Edison RamiroIn 2021, the Ecuadorian prison system has witnessed a growing wave of violence, which has directly affected the rights to life and personal integrity of the prisoners. It has to be taken into account that, in the doctrinal and jurisprudential field of Law, there is a constitutional action, which is the corrective habeas corpus, which protects the rights to life and physical integrity of all those persons who are serving a sentence in a detention center. However, filing this action individually, like all constitutional guarantees, takes time, so it would not be a summary response to events such as violent riots. A collective corrective habeas corpus, cannot be found in any norm of the Ecuadorian legal system, and has even been attempted already in the month of February 2021. For this reason, the objective of this research is to carry out a study of the feasibility of the application of this action to stop the wave of violence in the Ecuadorian prison system, moreover determining whether its introduction in the Ecuadorian legal system is pertinent or not. The methodological approach applied consists of a descriptive study, which is immersed in the research line of social behavior patterns; allowing to obtain as main result the feasibility of the application of collective corrective habeas corpus, through the conclusion that this action would allow safeguarding the right to life and physical integrity of the PPLItem La reparación integral y el delito de femicidio en el Ecuador(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-09) Marín Mora, Cristina Nicole; Acosta Morales, María GabrielaViolence against women is one of the social and political problems that require the most attention in the region. The increase of femicide cases, coupled with a lack of interest from the State in addressing this problem, encourages the development of studies and proposals to break the discourse of permanent impunity that has permeated society and has given way to the constant violation of the human rights of girls and women. The inquiries presented in this work aim to investigate the right to Integral Reparation in cases of femicide in Ecuador, to achieve this, the methodological path was taken from a descriptive and empirical level through the application of the quali-quantitative method; this will be developed through the application of surveys and interviews that guide the fulfillment of the different purposes of this investigation. By the aforementioned, the level of knowledge possessed by both practicing law professionals, and prosecutors and judges of criminal guarantees have about the investigated topic, was revealed. The nature of the study required a research area framed in the field of Public Policy, Law and Society; therefore the proposal has an effect upon the adequacy of a monitoring system of jurisdictional decisions regarding Integral Reparation for indirect victims of Femicide, allowing to determine that the fulfillment of the described right is not guaranteed as it should be.Item Incidencia de la violencia intrafamiliar y medidas de protección aplicadas en el marco de la emergencia sanitaria por la covid-19, en la ciudad de Latacunga, estudio comparativo del período 2019-2020(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-02) Guashca Vega, Jessica Paulina; Pazmiño Vargas, Kléver AlonsoThis research work questions itself about the incidence of domestic violence and the measures applied in the frame of the health emergency caused by COVID-19 in the city of Latacunga, a comparative study in the 2019-2020 period. As the virus spread around the world and a series of measures and restrictions were issued causing drastic changes such as the order of staying at home to stay safe, the closure of multiple companies’ triggered economic uncertainty and increased unemployment creating an abysmal tension and a stage of violence inside home. The following methodology was applied in the degree work, the exploratory and descriptive research method with a qualitative, quantitative and comparative approach, where the factors that influenced the increase in cases of domestic violence were analyzed, as well as how attention protocols for victims of violence were applied, and analyze how effective the protection measures were granted by judicial institutions. The investigation also includes an analysis of data obtained from legal professionals, public officials of the Police Command, Public Defender, Council of the Judiciary and Provincial Prosecutor's Office of Cotopaxi, which allowed the development of the investigation modality required by the line of investigation, which helped us determine recommendations to improve the deficiencies of the executive level of the Decentralized Autonomous Government of the Latacunga canton and the Provincial Decentralized Autonomous Government of Cotopaxi regarding mechanisms with a gender approach.