Derecho
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Item Los procesos de violencia intrafamiliar y el acceso a la conciliación en el Código Orgánico Integral Penal(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017) Muñoz Palacios, Cristina Fernanda; Sánchez Espin, Jorge EnriqueABSTRACT The graduation work is presented to legal experts, people dedicated to carry out arduous work in favor and benefit of the community, and in particular to the students of the law career of the Technical University of Ambato. This work is the result of a systematized study of the problems that affect our society every day. Domestic violence is a reality that cannot be ignored, occurring in the country and outside its borders, and in all social strata. With the present investigation it was ratified that intra-family violence exists in the XXI century but in the same way it can be verified that the parties involved after the moment of disgust regret and want to reconcile the problem, but the law does not allow it, because it is So clear in determining that the offender should be tried. Because this country does not allow conciliation in domestic violence, this reality is confronted with neighboring countries, with the result that they also protect victims of domestic violence and punish their offending aggressors, but with regard to the use of alternative mechanisms There is some progress in solving conflicts. Through surveys and interviews with lawyers in the free exercise, persons punished by domestic violence, Judges of the Units of Violence against Women and Family Nucleus and others, after data collection, tabulation and analysis of information Concluded that the majority of people agree that domestic violence is one of the main problems affecting society without respect for sex, age or social status, which at the same time protects the victim of domestic violence is due To provide a rehabilitation to the aggressor through psychological therapies, that the lack of conciliation fosters family disintegration, the proposal is based, that is, to reform articles 641 and 642, numeral nine of the Code Comprehensive Criminal, to The use of conciliation as an alternative means for the solution of intra-family conflicts, as a pre-judicial step Al, provided that they are non-recidivist cases and do not constitute an offense. Therefore we will note the need to incorporate in our legislation the alternative mechanisms for the solution of conflicts within the processes of intrafamily violence, since in this way we will be able to fulfill a primordial principle as it is the speed of process within the processes and in the same way We will be avoiding a recidivism, thus fulfilling effective protection of rights by providing society with efficiency, effectiveness and effectiveness of its rights. In this way applying the conciliation within the processes of domestic violence will guarantee security to the victims and we will provide an effective justice for all.Item La designación de curador AD-Litem en el divorcio y la aplicación del principio de economía procesal(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2016-10) Quinteros Ortiz, Delia María; Poaquiza Poaquiza, Ángel PatricioToday Ecuadorian real dynamic in the legal system inquest respect fully the rights and guarantees of children and adolescents with the flag of child protection, guardian ad - Litem has as its purpose to represent the child in the course divorce, it must ensure the implementation of all rights of children towards their development and growth with the aim of their comprehensive protection. This research is focused on the approach of a proposal permitting, the actual development of the Guardian Ad - Litem in divorce proceedings and apply directly for the purpose of Guardian Ad - Litem, ie, a true representation allowing achieve good the child. Legal professionals and all those linked to the administrative and legal process Ecuador, know that the principle of judicial economy is that principle that protects the diligence of a utilitarian criterion in empirical process execution with minimal wear activity court therefore its consummation is effective when the parties agree, in the care of times and exact deadlines within the administration of justice, just as the principle is established when the concentration of the process as such is linked to the Litis. Likewise, the Constitution of the Republic of Ecuador, considering the need for priority to children involved allow achieve great progress in protecting rights, it is considered important to institute the way to take out the representation of the child in the legal standard, based on the fundamental principles of protection. During the investigation it was possible to demonstrate the need for actual legislation that allows good performance and therefore the excellent participation of the Guardian Ad - Litem during divorce consequently the interaction of the authority of the Family, Women, Children and Adolescents with Curator - Ad-Litem will be practical and timely information for the defenseless in the separation process, minors.Item El proceso de acción penal privada en el delito de lesiones y la celeridad y economía procesal en la unidad de garantías penales con sede en el Cantón Ambato(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2016-10) Andrade Ortiz, Fernando Daniel; Sánchez Espín, Jorge EnriqueThis Investigation Work before Graduation called "The process of private criminal action in the crime of injury and the processing speed and procedural economy in the unit of criminal guarantees with headquarters in AMBATO"; proposes that this crime currently pursued by private criminal action could be turned in a public action crime, due process and consequent wear that it suposes for the parts whos are in a conflict of this nature, considering aboot in our same legislation there are effective mechanisms for the resolution of conflicts with the law like these. Through an investigation that spanned all sectors involved in this type of legal strife settled there full violation of legal and legitimate constitutional rights of the parties, which this work seeks to raise awareness in the authorities, to review legislation that is still likely to improve to achieve true development in criminal matters referred to. We must accept the fact that in this particular case the victim of this crime seeks to be repaired in a manner proportional to the damage suffered, and with a judicial process considerably longer, many people even claim their basic rights creating a high level of impunity regarding these facts. It is not only about download procedures and pending cases in the Prosecutor's Office or the Judicial Units with the fact not to pursue them. They must surrender a justice administration optimal for all citizens, which respects the most basic guarantees referred to in the Constitution and in other international agreements that guarantee the enjoyment of these rights.Item El allanamiento en los juicios de divorcio por causal y el principio de celeridad procesal(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2016-07) Vera altamirano, Gary Leonel; Masabanda Analuisa, Galo IvánThis research entitled "The raid in divorce proceedings by causal and the principle of procedural speed", aims to design a solution proposal aimed at the correct application of the principle of celerity in the troubled context of Burglary trial Divorce by causal. The research required to perform is of vital importance since it has been seen that the administration of justice , is currently seeking a correct alternative , since have been proposed radical changes so that it can comply with the principles and functions of the power of justice so the state tries to find ways that can harmonize the relationship of citizens to the country, in this case the law guarantees the speed and procedural efficiency, not to cause the accumulation of judgments in judicial units civil matters of the city of Ambato. In this fieldwork it has been used as a basic and essential context by providing the shape of the instrument to determine the points made according to the research plan, thus realizing determine the necessary conclusions for the different points of view determined by the professionals free exercise Coming to establish that divorce for cause if the defendant to answer the complaint in the course of the trial were to acquiesce , the procedure should be faster and more efficient , which is not met in breach speedy process because it opens the term test process