Derecho
Permanent URI for this collectionhttp://repositorio.uta.edu.ec/handle/123456789/893
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Item Uso de la detención con fines investigativos y el menoscabo al principio del Debido proceso en el Caso Lex(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-04-01) Segura Pallo, Karla Daniela; León Trujillo, Edisson SantiagoThe legal figure called detention for investigative purposes established in the Comprehensive Organic Criminal Code (COIP) in the Republic of Ecuador, legally seeks to generate a procedure where the basic constitutional guarantees and rights are fulfilled, seeking the effective realization of justice. Therefore, the present investigative project seeks to demonstrate the use of this precautionary measure and its impact on the principle of due process, focusing on the "Lex" case. An innovative study of the regression towards an inquisitorial system that may be occurring in current judicial practice is introduced, a phenomenon that has not been sufficiently studied in Ecuadorian legal doctrine. In addition, it constitutes a novel scientific perspective by exploring how this legal figure, which should be a limited investigative tool, has become a way of violating constitutional rights of the persons investigated. For this, a methodological study of an explanatory type is applied, under a qualitative, casuistic, and analytical method that allows to demonstrate a distorted use of detention; In this sense, this investigative work is immersed in the line of research of “Public policies, law and society”. Which allows to have as main result that the precautionary measure of detention for investigative purposes violates the principle of due process, and subjects the detainee to undue pressure, which reflects a legal regression both in the Ecuadorian penal system and in human rights. Concluding that the application of detention for investigative purposes in effect undermines the principle of due processItem El principio de confianza en el derecho penal y la violencia física en el estado ecuatoriano(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-27) Altamirano Escobar, Joselin Mishel; Acosta Morales, María GabrielaThis research deals with the Principle of trust in criminal law and physical violence in the Ecuadorian State, as an essential foundation that forces people to act reasonably trusting that others will comply with the laws and regulations established for the protection of their rights. In Ecuador, physical violence represents a serious social problem, affecting various groups and requiring a comprehensive response from the judicial system. Failure to comply with this principle can intensify aggression, weakening social cohesion and the effectiveness of judicial institutions. Therefore, the objective of the research focuses on studying the impact of the principle of trust within the framework of Ecuadorian criminal law, especially in relation to physical violence. Through a qualitative approach, using the type of descriptive and exploratory research, using the interview as a research technique; therefore, it is within the line of public policies, law and society. Examining the different perceptions of judges, prosecutors and lawyers in free practice on the application and effectiveness of the principle of trust in cases of violence. The results included the contribution of officials regarding the justice system in relation to the position they hold. In conclusion, trust is not only a legal principle, but also serves to guarantee justice and the protection of human rights in Ecuador, since there is a need to strengthen this principle to more effectively confront physical violence, correctly applying legislation and judicial practices.Item 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 ElderThe 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.Item Los delitos informáticos y el derecho a la intimidad en el Código Orgánico Integral Penal(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2020-10) Zamora Sánchez, Jairo Ricardo; Tite, Segundo RamiroThe present research work entitled THE COMPUTER CRIMES AND THE RIGHT TO INTIMITY IN THE CRIMINAL ORGANIC CODE, had as main objective to legally study computer crimes as they work and what are their sanctions to thereby determine how they affect the right to the privacy of people, one without first investigating in a technical way that is privacy as a right and in what it consists of what its elements and characteristics are and how the state has the duty to protect it, since the improper use of public information produces several computer crimes established within the Comprehensive Organic Criminal Code that affect the privacy of people both in their property and personal rights, for which the scientific method was applied, with the collection of bibliographic and documentary information, a population universe was established and a sample was processed among lawyers in free exercise cio, to which a field study was applied with the survey method and the questionnaire instrument, with this information, the analysis and interpretation of the results were carried out to subsequently verify the hypothesis with the statistical study of the distribution of chi square, finally the corresponding conclusions and recommendations were established once it was verified that computer crimes do affect the right to privacy.Item La prisión preventiva y el principio de mínima intervención en el código orgánico integral penal(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2020-07) Venegas Duncan, José Luis; Montero Solano, Juan PabloThe present research work with the topic THE PREVENTIVE PRISON AND THE PRINCIPLE OF MINIMUM INTERVENTION IN THE CODIGO ORGANICO INTEGRAL PENAL, had as main objective to study preventive detention and the principle of minimum intervention in the Comprehensive Organic Criminal Code, because the application Inadequate of this precautionary measure of exceptional use, influences so that the principle of minimum intervention is violated, which causes the prisons to be filled with people who cannot exercise their right to mobility during the criminal process, without actually existing Circumstances to doubt, that appear in this process or that do not comply with the penalty that could be condemned in case of checking the possible responsibility, for which we proceeded with the respective bibliographic review about the different variables, for which I apply the scientific methodology, a survey aimed at criminal judges and age was used as a method The criminal prosecutors of the Canton Ambato, and as an instrument the questionnaire that contained eight questions related to the variables was used, subsequently the field study was carried out, to process the information obtained and check the hypotheses with the distribution of the T-student, Finally, the conclusions and recommendations of the degree work were determined.Item La fijación de la caución y el principio de proporcionalidad en los delitos penales(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-05) Poveda Montesdeoca, Jessenia Carolina; Montero Solano, Juan PabloThe present investigation project that has as its theme: "THE FIXATION OF THE CAUTION AND THE PRINCIPLE OF PROPORTIONALITY IN CRIMINAL OFFENSES" has the purpose of investigating the fixing of the bond and its relation with the principle of proportionality in criminal offenses. Since, when there is disproportion, at the moment of fixing a bond within a criminal process where this substitute measure of deprivation of liberty can be, the processed persons could not access it. This research project analyzed the fixing of the bond in the criminal trials in the Criminal Judicial Units of the Ambato canton and determined in what way processed persons are accessing the principle of proportionality to propose a proposal for an effective solution to the disproportionality of fixing a guarantee within the same trial to different stakeholders, allowing to guarantee the principle of proportionality and effective access to substitute measures. This project was carried out with a method of bibliographical and field research, since a questionnaire with eight questions was applied to legal professionals on the subject, so that they could express their opinion based on the knowledge they have about this legal problem. . In addition, after the completion of this project, it was concluded that the creation and application of a table is necessary for criminal judges to use it, to set a bond in a technical, efficient manner and that the bond established in accordance with the crime or infraction committed by the defendant.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 Infracciones penales y el principio de objetividad(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-06) Cáceres Pérez, Freddy Roberto; Pazmiño Vargas, Klever AlonsoThe graduation work: CRIMINAL INFRACTIONS AND THE PRINCIPLE OF OBJECTIVITY "proposes that these constitutional guarantees be applied in a more agile and timely manner, taking into account that for the legal prosecution of each case, administrators of justice must employ in all processes, The basic and fundamental guarantees enshrined in the Constitution of the Republic of Ecuador. After the investigative work, it is concluded that in the supreme norm of Ecuador, it is determined that in every process the principle of procedural speed is guaranteed, thus allowing procedural subjects to access justice in an optimal way, but already in the actual practice of Procedures, we begin to find the system's shortcomings, inasmuch as, specifically in criminal proceedings, this basic guarantee is only applicable in the expedited procedure, whereas in the procedures there is no rule of immediate application which must be subject to the stipulated terms In the law. The principle of objectivity in Ecuadorian law, duly applied by the administrators of justice, will allow the legal process to be promoted in an adequate manner, guaranteed to the procedural subjects legal certainty determined and recognized by Ecuadorian laws. These established parameters, it is concluded that the present research work is of vital importance and transcendence, since it seeks to provide an alternative to the problem posed and its possible solution, which is of vital importance to be guaranteed and applied as determined In the legal system, which are established to guarantee the right of individuals.Item El alcohotest como elemento probatorio en las contravenciones de tránsito y el derecho constitucional a la seguridad jurídica(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-03) Chango Manobanda, Victor Orlando; Altamirano Zavala, Andrea MarleneThis investigative work is presented to connoisseurs in the field of law, those dedicated to carry out arduous work in behalf of the community, and in particular to Law students of the Technical University of Ambato. This work is the result of a systematic study of one of the problems that affect society, such as the violation of legal certainty that is developed within traffic violations, a violation that occurs at the moment that, the judge of Traffic, considers evidence of alcohol as sufficient elements to determine that a driver was driving a vehicle under a certain degree of alcohol per liter of blood, and sanctions according to the results issued by the alcohotest device, without considering that, the device of alcohotest is actually measuring the level of alcohol inhaled in the air by a person, and that for that reason, the device of alcohotest reflects the results in milligrams and not in grams, as typified by the Criminal Integral Code. Then we proceed to the detailed analysis with the collection of all the information, manifested in the theoretical framework, being able to describe the scientific background, as well as the psychological and legal basis, in addition to the dependent and independent hypotheses and variables, it was verified that when a traffic judge considers evidence of alcohotest as sufficient evidence to punish a person within traffic offenses, this is violating legal certainty. The methodology designed for the research has a general logic; with the modalities of the field, descriptive, bibliographical, documentary; with the determination of the investigative instruments and its procedure in order to carry out a detailed study of the case, in order to formulate the conclusions and recommendations that led us to formulate a proposal, such as the reform of the Comprehensive Criminal Organic Code, it will allow us to undergo alcohol tests to determine the exact amount of alcohol in each liter of blood and so that the alcohol test be used as mere way for a person to undergo alcohotests. The alcohol test can not be considered as conclusive evidence of traffic violations, since alcohol tests estimate the amount of alcohol exhaled by a person in the air, which is why the results emit it in milligrams of alcohol per Liter of exhaled air, a measure that reflects being different from the one that typifies the Art. 385 of the Code Integral Penal Criminal, since the norm typifies three different scales of alcohol in the person.Item Los delitos de violencia contra la mujer o miembros del núcleo familiar y la inaplicabilidad de la conciliación(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2017-01) Balseca Santiana, Carlos Francisco; Altamirano Pérez, Milton AquilesThe graduation work: "CRIMES OF VIOLENCE AGAINST WOMEN OR MEMBERS OF HOUSEHOLD AND DISAPPLICATION OF CONCILIATION" proposes that conciliation enters parties to crimes of domestic violence to be incorporated within our Ecuadorian legal system, so at the beginning part judicial process to reach an agreement and resolve their problems quickly, easily and effectively. After the investigative work, it is concluded that a number of complaints of domestic violence in the judicial units in the country, are abandoned because people depose the promotion progress of the cause, since the absence of an agreement between the parties comes neglect and file thereof, resulting in the detriment of justice for the resolution of other court cases. The incorporation of conciliation within legal processes referring to cases of domestic violence, would provide greater opportunities to the parties involved, since the absence of a procedural speed will be giving priority attention to possible immediate solution to the conflict, without expect large amounts of time for the necessary protection of the rights of individuals. The implementation of the conciliation of disputes over minor offenses of domestic violence within our legislation will not only help the parties involved to ensure their rights and constitutional guarantees, but also allow the processing of justice have a more efficient and rapid procedure, since being sent certain types of crimes to agreement between the parties to the conflict it could be resolved immediately. When considering reconciliation between the parties and where applicable to crimes of domestic violence and the immersion of alternative measures to ensure the safety of victims an effective and efficient justice would be provided.