Derecho

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Has files: YesSubject: search.filters.subject.DERECHOS HUMANOS

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    La ampliación de la versión para tercero y el principio de igualdad
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-11) Chiliquinga Perez, Johana Maricela; Naranjo Malán, Milton Elder
    The research addresses the issue of the disparity in the right to request the extension of testimony within the Ecuadorian criminal process. Currently, this right is primarily restricted to the Prosecutor's Office, leaving third parties at a disadvantage, which violates the principle of equal opportunities and due process. The methodology used in this research is qualitative, based on a documentary and bibliographic approach. An exhaustive review of Ecuadorian legislation, particularly the Organic Comprehensive Criminal Code (COIP), was conducted, along with an analysis of relevant jurisprudence and legal doctrines addressing the principles of procedural equality, legal security, and the right to defense. A jurisprudential matrix was employed to systematize and compare key judicial decisions on the extension of testimony and the principle of equality. The results of the research reveal that the current COIP regulation, specifically Article 508, paragraph 3, creates a procedural imbalance by exclusively granting the Prosecutor's Office the right to request the extension of testimony, denying this possibility to third parties. This imbalance contravenes both the Ecuadorian Constitution and international human rights standards that promote equal opportunities and a fair trial. In conclusion, the research highlights the urgent need to reform the COIP to ensure that all actors in a criminal process, including third parties, have the same right to request the extension of testimony. This would not only strengthen the principle of equal opportunities but also improve equity and justice in the Ecuadorian criminal procedural system. Additionally, it recommends the implementation of training and supervision mechanisms to ensure the correct application of this principle in judicial practice, thereby promoting greater confidence in the administration of justice.
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    La vulneración del principio de no regresividad en las excepciones previstas en el art.527 del código integral penal de personas privadas de libertad en flagrancia
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-11) Siza Arias, William Damian; Rodriguez, Cristian
    The research addresses the violation of the principle of non-regression in the exceptions provided in Article 527 of the Comprehensive Organic Penal Code (COIP) of Ecuador, specifically in the context of extending the uninterrupted pursuit time from 24 to 48 hours in cases of flagrante delicto. This study analyzes how this legal reform can affect the fundamental rights of detained individuals and whether it constitutes a setback in the protection of human rights. The principle of non-regression, enshrined both in the Ecuadorian Constitution and in international human rights instruments, establishes that acquired rights should not be diminished. The extension of uninterrupted pursuit time raises concerns about potential abuses and arbitrary detentions, affecting the right to personal liberty and procedural guarantees. By analyzing rulings from the Inter-American Court of Human Rights, such as the cases of Jorge Castañeda Gutman vs. United Mexican States and Leopoldo López Mendoza vs. Venezuela, jurisprudential standards are identified that emphasize the importance of proportionality and the need for effective judicial remedies to challenge rights restrictions. Additionally, rulings from the Constitutional Court of Ecuador, specifically No. 69-21-IN/23, which addresses the constitutionality of COIP reforms and the principle of non-regression, are evaluated. The research concludes that the reform to Article 527 of the COIP must be justified under strict criteria of necessity and proportionality, ensuring that fundamental rights are not violated. It is recommended to establish clear guidelines for the application of uninterrupted pursuit, implement robust supervision and control mechanisms, and promote continuous training for judges and prosecutors to ensure an application that respects the balance between public security and individual rights
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    La vida conyugal y el derecho a la integridad fisica de la mujer indigena del pueblo Chibuleo
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Pico Rodríguez, Amanda Esmeralda; Poaquiza Poaquiza, Ángel Patricio
    The purpose of this research topic is to recognize the rights to physical integrity that prevail within the indigenous community of the town of Chibuleo and its applicability within it, it should be noted that it focuses on how cultural norms and traditional practices affect these rights. and above all the quality of life that indigenous women have within this community. The theoretical framework includes an exploration of the literature on human rights, specifically in relation to indigenous women and the sociocultural aspects of the Chibuleo people. The different concepts of married life, indigenous marriage and the functions and obligations within the marital bond are examined. In addition, women's rights are evaluated in terms of education, health, political and social participation, as well as their labor rights and personal integrity. To collect data, a qualitative research approach is used that includes surveys, interviews and participant observation as a methodology. The study sample includes indigenous women belonging to the Chibuleo community, as well as community leaders and local authorities. According to the findings, indigenous women of the Chibuleo people face significant obstacles in terms of gender violence and their access to the judicial system. Sometimes, traditional practices and cultural norms can generate contradictions with human rights established by national legislation. Although this is the case, efforts can be seen on the part of the community to improve the situation and guarantee women's rights. The analysis highlights the importance of reconciling respect for cultural traditions with the safeguarding of human rights. The consequences of ancestral customs on the marriage relationship are analyzed and measures are suggested to promote a safer and fairer environment for native women. To ensure that indigenous women of the Chibuleo people can live in a safe and secure environment, it is essential to encourage communication between different cultures and facilitate mutual understanding
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    Sistema carcelario Ecuatoriano y Derechos de los PPL desde el garantismo
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09) Pruna Taco, Ana Del Carmen; Acosta Morales, María Gabriela
    This research work is focused on analyzing the evolution of the Ecuadorian prison system and the human rights of the PPL from the point of view of the "garantismo". This is to determine that throughout the prison history in our country, there are still remnants of previous places called "houses adapted for prison", which were nothing more than places in which the repression of prisoners was exercised. This reality has not changed completely with the passage of time, thus causing that, at present, persons deprived of liberty do not fully enjoy their rights, due to the problems of: corruption; overcrowding; violence; deficient infrastructure; lack of trained prison staff; lack of treatment and/or programs to curb the consumption and addiction to various psychotropic and narcotic substances; lack of control and supervision of prohibited objects; among others. In addition, these failures make it impossible to achieve the objective of the deprivation of liberty, which is to achieve correct rehabilitation in the different Social Rehabilitation Centers of the country and a successful reintegration of the PPL into society. In this context, the present research work used a methodology with a qualitative approach, documentary-bibliographic type, and a logic of reasoning of inductive character to meet the objectives of this project. Therefore, this research work is of great importance, since it analyzes, determines, and establishes relevant aspects of the Ecuadorian prison system and the rights of persons deprived of liberty from a guaranteed perspective.
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    La Reparación Integral: Análisis Comparativo con la Legislación Chilena
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09) Lozano Benavides, Marcela Karina; Espín Meléndez, María Cristina
    Full reparation is a fundamental concept in the field of human rights, which seeks to remedy the damages suffered by victims of violations of fundamental rights. This research aims to analyze the concept of reparation, its importance and application in different contexts, examining national and international legislation related to full reparation, as well as the jurisprudence of courts and tribunals in different countries. In Ecuador, full reparation is addressed mainly through jurisprudence and national legislation, with emphasis on the responsibility of the State and the protection of victims' rights. In comparison, Chilean legislation also recognizes the importance of reparation, especially in cases of human rights violations during the military dictatorship. The jurisprudence of the Chilean Supreme Court has established the responsibility of the State and the need for effective reparation measures for victims and their families. Although there are similarities in the way Ecuador and Chile approach full reparation, there are also significant differences in terms of legal frameworks, jurisprudential approaches and effectiveness of the measures implemented.
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    Integración de derechos para las personas privadas de libertad del centro de privación de libertad Tungurahua n°. 1 y su incidencia en la reinserción social de la ciudad de Ambato, en el periodo 2022
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-03) Toalombo Chango, Santiago Martin; Romo Santana, José Luis
    The present titling work with the theme: “INTEGRATION OF RIGHTS FOR PERSONS DEPRIVED OF LIBERTY OF THE TUNGURAHUA DEPRIVATION CENTER N°. 1 AND ITS IMPACT ON THE SOCIAL REINSERTION OF THE CITY OF AMBATO, IN THE PERIOD 2022”, starts from a constitutional premise where Ecuadorian citizens are creditors of all the rights contemplated in the catalog of the Constitution of the Republic of Ecuador, (2008) as well as the Human Rights established by the United Nations Organization. People deprived of their liberty or PPL are limited in certain rights such as liberty and their civil rights before society; but they continue to maintain the other rights guaranteed within the Rehabilitation Centers for Persons Deprived of Liberty, such as the right to education, food, health, work, recreation, among others. Ecuador is currently one of the countries with the most prison violence; due to internal violence due to power disputes between criminal gangs, where the lack of enforcement mechanisms by the Ecuadorian State for the guarantee of the right to life, security, and physical integrity within the Social Rehabilitation Centers for persons deprived of Liberty. The National Service for Comprehensive Care for Adults Deprived of Liberty and Adolescent Offenders - SNAI, as well as the National Police are the entities in charge of providing security within prisons, in recent years their work has been seen poorly, making visible the social achievement that people deprived of liberty live today, placing them in a state of vulnerability within the centers established for the fulfillment of custodial sentences. The international human rights entities play a preponderant role in the investigation since they grant important precepts of application as measures to counteract the prison crisis that Ecuador is experiencing today
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    Legalización del aborto y el derecho de libertad de la mujer en Ecuador
    (Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-09) Palma Poveda, Karina Michelle; Jordán Buenaño, Janeth Elizabeth
    The right to freedom of women to make decisions about their bodies in the face of abortion has been a very controversial issue regarding the exercise of one right versus the other, which is why this study aims to analyze the legalization of abortion and the right to freedom in making decisions about women's bodies in Ecuador. For which a qualitative-quantitative approach was used, through descriptive research, which allowed characterizing the object of study arriving to the conclusions that, in Ecuador for the year 2021, in its Art. 150, if there was an unconstitutionality, this because only women with disabilities were not punished for having an abortion. However, through a ruling of the Constitutional Court, in case 34-19 IN and Accumulated, the right to freedom and non-discrimination was analyzed, thus allowing the termination of pregnancy in all women who have been victims of sexual abuse, restoring in a way the rights that were taken away from them.
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    Los derechos humanos de las personas privadas de libertad y su incidencia en el derecho Constitucional a la rehabilitación social en el Ecuador
    (Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-09) Villalva González, Diego Alejandro; Acosta Morales, María Gabriela
    Throughout history, social rehabilitation centers in Ecuador, have been characterized for having penitentiary overpopulation, and it is taken to annual index of overcrowding around the 29.83%. This problem has big consequences, for example, people who is deprived of their liberty do not have adequated places to sleep, also do not have access to food, health and obviously education, they can not participate in cultural, social and sport activities, not even to workshops, capacitation and work programs. Those issues, and the deficient penitentiary infrastructure, and also a lack of well-prepared human personal, absence of programs and treatments to drug addiction, lack of control in the entrance of prohibited arms inside the penitentiary, corruption inside of it, are elements which allow some places to violate Human Rights of people who is deprived of their liberty and also make impossible the aim of social rehabilitation, making that this centers just contribute to improve their abilities to continue being criminals. Now, in this context, the present investigation is trying to give a response to the main question: Is respect of Human Rights a helpful tool to accomplish the constitutional right of social rehabilitation? And for getting and answer to this, was used a methodology with a quantity and quality focus and also deductive reasoning. This investigation project possesses a big scientific value, because the problem has not been analyzed yet for many investigators.
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    Derecho a la consulta pre-legislativa en el estado ecuatoriano y los derechos colectivos
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-05) Galarza Baicilla, Katherine Jeannine; Espin Meléndez, María Cristina
    The present research project about the Pre-Legislative Consultation in the Ecuadorian State and Collective Rights, and how to influence the adoption of legislative measures in state agencies, and those responsible for the alleged vulnerabilities related to Human Rights. In Ecuador, the Pre-Legislative Consultation has been held since antiquity, it is emphasizing the execution of a work in the indigenous communities in remote times the participation of these peoples is guaranteed, communicating loudly to the ancestral peoples about said execution, with In order to protect their rights and integrate them into working groups, guaranteeing their own participation of indigenous peoples. It is necessary to take into account several rights on collective rights in Ecuador, the influence on the decision making of the states in Ecuador and the lack of knowledge about the procedure of the Pre-Legislative Consultation.
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    El cambio de apellido por posesión notoria y el derecho a la identidad personal y colectiva
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017) Naranjo Valdospin, David Rodrigo; Tipantasig Cando, Jaime Tarquino
    ABSTRACT The present investigation was carried out on "The Change of Last Name by Notorious Possession and The Right to the Collective Personal Identity". In the elaboration of this project a thorough study was made both of the antecedents, characteristics, and other ways in which a person can freely change or choose his surname; An analysis was also made of how the right to personal and collective identity is violated with reference to the free choice of surnames, since to be able to carry out the change of surname it is necessary that the notorious possession be proven. It is necessary to propose alternative solutions in order to correctly apply the right to identity and the freedom to choose surnames. In order for the research to be correctly carried out, it is necessary to take a sample of the population so that, in order to have a broader approach to how the project is to be carried out, and to see who are the ones who would benefit from the problem solution proposed in this investigation. With all the research developed, a proposal can be made in which it benefits the entire population affected by the violation of the Right to Identity by applying the regulations of the Organic Law of Identity and Civil Data Management, which states that to carry out the change of surname must prove its notorious possession, for which it was proposed alternatives in which it is focused to grant a solution, and through this people can change, modify and choose the order of their surnames freely, that is exercising the right that people have to the personal identity, to the free election of their surnames. The purpose of the proposal is to reform the Organic Law of Identity and Civil Data Management, so that this law establishes in its regulations the correct way in which the right to personal identity can be applied with the free Election of the surname established in the Constitution of the Republic of Ecuador. Therefore, the right to personal identity in reference to the change or modification of the surname has been studied in a profound and extensive way to be able to apply in a correct way this constitutional right that we as Ecuadorians all have and which is of fundamental application within the Ecuadorian legislation.