Derecho
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Item Vida laboral de la mujer académica en la presencialidad(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Mariño Vaca, Aracely Maribel; Montero Solano, Juan PabloThe professional life of female academics in face to face settings is a topic of growing interest today, given the context of gender equality and the pursuit of work life balance. This thesis investigates the experiences of female academics in face to face environments, focusing on the challenges they face and the strategies they employ to manage their work and family life. One of the main challenges faced by female academics in face to face settings is the lack of strong institutional policies supporting flexibility in work schedules and childcare centers. The TechnicalUniversity of Ambato lacks childcare facilities on all its campuses, making it difficult for female academics to reconcile their work and family responsibilities. Additionally, female academics often face additional pressures to meet expectations of productivity and academic excellence. Thispressure can lead to increased stress and burnout, especially when combined with family responsibilities. To address these challenges, female academics employ a variety of time management and family care strategies. These strategies include careful scheduling, negotiating roles and responsibilities with their partners, seeking support from colleagues and external supportnetworks, and establishing clear boundaries between work and personal life. The research also reveals the importance of support networks in the professional lives of female academics. Colleague and friend networks can provide a space for sharing experiences and coping strategies,as well as a place to seek advice and emotional support. In summary, the professional life of femaleacademics in face to face settings is marked by significant challenges related to the lack of institutional support policies and expectations of productivity and academic excellence. However, female academics utilize effective time management and family care strategies to address these challenges and achieve a balance between their work and family lifeItem La pandemia del covid-19 y su incidencia en la violencia intrafamiliar en el Ecuador(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-09) Toapanta Quinatoa, Lesly Dennise; Guerrero Zuñiga, ÉdisonThe objective of this research project is to carry out an analysis of the factors that most influenced the increase in cases of domestic violence in the COVID-19 pandemic. The investigation is based on the fact that when the total confinement of the population was decreed as of March 19, 2020, several problems began to arise in all areas of life and human development, several of them had to return to coexistence between couples and children that as time passed in each of the members of the household suffocation was taking place, this occurred because more than 90% of the households already had a routine life where each one went out to their economic activity or one of the cohabitants, therefore they did not live a harmonious life of marriage or family coexistence, but after the emergence of the pandemic, family coexistence re-emerged; For many, this was an effect that produced an increase in cases of domestic violence, which occurred in most Ecuadorian homes regardless of their social status. The Constitution of the Republic of Ecuador guarantees the full protection of the family, as the fundamental nucleus within society, this is specifically found within article 67. The line of investigation that will be used within the investigation is Exclusion and social integrity and the descriptive research. Therefore, support mechanisms are proposed for those people who are victims of the social problem which is domestic violence.Item Alienación Parental y su relación con la Vulneración del Interés Superior del Niño(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-06) Quispe Criollo, Christian David; Vayas Castro, Guillermo SantiagoThe present research was born with the main objective of determining what is parental alienation to establish the repercussions on the child; identify the rights that allow to comply with the best interests of the child and to demonstrate how parental alienation affects the best interests of the child because the history which can be evidenced that parental alienation appears with the sole purpose of protecting children and adolescents, but this was totally wrong due to reason that it is used to meet the needs of parents who maintain care minors; this can be understood as psychological abuse because parental alienation interrupts an optimal development of minors together with their parents in which an erroneous image of the absent parent is created, but it is evident that parental alienation is born with the separation of the couple or the spouses in such a way that a legal procedure is initiated either Divorce, possession, parental authority or maintenance; showing that the constitutional provisions of article 44 are violated, which determines that the state and the family shall optimally promote the integral development of children and adolescents.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 muerte del progenitor y el derecho a la identidad de los hijos no reconocidos(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-11) Masabanda Guerrero, Adriana Patricia; Poaquiza Poaquiza, Ángel PatricioThe right to the identity is a human right and therefore fundamentally for the development of the persons and of the companies, right this one who understands diverse aspects that distinguish a person from other one, includes the right to have a name and the possibility of identifying across a document of identity. This right to the identity has a direct and indissoluble entail with the right not to be discriminated, though it does not seem, but actually if they are connected rights, which refer for example to the health, to the intimacy and to the project of life, definitively in the right to the identity there meet other rights that also interfere to the moment that they are affected. The jurisprudence is pacific respect of the guardianship granted by the great letter to the right to the identity. This right is recognized also to level of the most advanced and lucid jurisprudence and foreign doctrine. The Court of Italian, pioneering Cassation in systematizing a tutelary doctrine of the right to the identity expressed to the effect that: " every subject has a generally considered deserving interest of juridical guardianship, of being represented in the life of relation by his real identity" It is my intention to approach the topic of the identity of the person and his protection in the order of the human rights, convinced that we all here already accept of item that it is not necessary to to speak about any of these rights in a dismantled way or aisladamente about the rest of the same ones. This wants to say that we assign to the so called theory of the integralidad of the rights.Item 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 TarquinoABSTRACT 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.Item El derecho a la defensa y el principio de inmediación en el juzgamiento de las contravenciones por violencia contra la mujer y miembros del núcleo familiar(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2016-11) Mopocita Pasochoa, Johanna Mabel; Tipantasig Cando, Jaime TarquinoIn the current reality of our country, we live in a constitutional State of rights, since this way it is framed by the Constitution of the Republic of the Ecuador, for such a motive immediately after the incorporation of the COIP, in the juridical national classification, there appears a figure named prompt procedure against the violence against the woman and members of the familiar core, which will be applied in cases of violence, when in this one there is caused injuries or disability that it does not overcome 3 days, and is the rule number 15 of this prompt procedure, which is a motive of this project; since this rule in his first clause, damages clearly the right to the defense of the possible victims as of the supposed infringers The present investigation is focused in the exposition of an offer that reaches the integral protection, from the right to the defense of the parts, during the dijudication of the breaches against the woman and members of the familiar core, by means of the complete fulfillment of the guarantees of the right to the defense, established in the due process dedicated in the Constitution of the Republic of the Ecuador The professionals of the right, as well as the judicial civil servants, must know the importance of the procedural beginning and therefore know that the application of the beginning of immediacy; it is transcendental, since this one allows to support the most intimate possible relation, the narrowest contact between the juzgador, the litigators and the evidential means from the beginning of the process up to the judgment; as for the this immediacy of the evidential means it grants major efficiency to him to the interpretation and valuation of the tests; it is for this that the beginning of immediacy grants a major guarantee to him to the rights of the litigators during the penal process. Likewise the Constitution of the Republic of the Ecuador, being considered to be the need to expire with the integral protection of the right to the defense, during the penal process, the importance is established, of reforming the norm that it will be able to injure or to break these rights, being based on the correct application of the procedural beginning ratified in the Constitution and other legal bodies During the process of the investigation one managed to demonstrate the imperious need to reform the numeral 15, of the article 643 of the COIP, in order that this numeral, it does not question the obligation that the experts have to appear and to answer to the interrogation during the hearing breach against the woman and members of the familiar core, and hereby to could prevent the violation of the right to the defense in the dijudication of this type of breachesItem La disolución de la sociedad conyugal y efectos jurídicos en el matrimonio(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2016-10) Naranjo Chérrez, Alexandra Elizabeth; Tipantasig Cando, Jaime TarquinoMarriage is a contract where you get obligations with your spouse. Heritage, built in assets as well as liabilities which if needed will be divided between the spouses equally. This solemn contract because of its nature has several legal effects arising from the union of the couple, determined like these; Cohabitation, intimate relationship duty, mutual help, fidelity, equality in the eyes of the law according to children, with respect for heritage and belongings . Through marriage, the spouses are subject to the community income property. In which the society requires the cooperation of the couple, in that way there should be cooperation of both spouses who are interested in the prosperity of home as well as the association. The marriage contract made could be separated in relationship to the property management. It could be voluntary or controversial under the law competent Judges. This event is well known as dissolution of the conjugal society, which is the end of the heritage link in relationship under law. This conjugal union annulment marks legally the effects in marriage. The ones, which were cited above, causing problems with the rights of children, property and heritage. Due to that reason, it affects legally to marriage. Sometimes, this is the divorce trigger. I must indicate that once the couple make up the personal or marital problems as well as getting an agreement to restore family trust. Law does not establish a legal alternative to restore the conjugal society, for that reason the present study seeks to establish a proposal for legal reform in order to determine a policy that allows the reestablishment of the marriage contract in order to make it implement legal effects as well as purposes of marriage.Item El régimen de visitas y el derecho a conocer a los progenitores y mantener relaciones con ellos(2016-02) Zurita García, Jessenia Alejandra; Poaquiza Poaquiza, Ángel PatricioThis research aims at setting a minimum hours for visitation as well as the determination of penalties to the parent who has custody of the children and adolescents and prevent compliance with the visitation established by decision thus allowing the rights of children and adolescents, especially the right to know the parents and keep affective, personal, permanent and regular relations with them are respected. From the legal aspect visitation is an inalienable right, which is granted by the parent able to stay with the child who lives separately a timely manner, in an atmosphere of privacy, to maintain a regular relationship and direct promoting proper communication between father and son. In the Ecuadorian legislation are few data found about visitation, this issue has been treated with little importance, so much so that in 2013 a draft amendment to the Organic Code of Childhood and Adolescence was presented, which included issues visitation, specifically one of the purposes was to incorporate the guidance for the judges to guarantee the right of children and adolescents to develop and maintain a personal, direct and regular relationship with their parents norm, unfortunately only he stayed not planned and carried out the enactment of such a law. Although the Ecuadorian State has rules governing visitation, society requires that these are updated. This means that you need to be incorporated in the Code of Childhood and Adolescence base hours for visitation, as well as the appropriate penalties for the parent who has tenure and fails to comply with the dictation system. It is also necessary that society, the judges and Ecuadorian families aware of the rights possessed by children and adolescents so that they are protected, thus fulfilling their best interests and full development.Item El principio de reciprocidad entre padres e hijos y la declaración judicial de la filiación(2015) Sánchez Gavilánez, Joselyn Andrea; Cortés Naranjo, EdwinEl trabajo de graduación bajo la modalidad de Tesis titulado “El Principio de Reciprocidad entre Padres e Hijos y la Declaración Judicial de la Filiación”, plantea dar a la Familia la importancia que se merece dentro del ámbito legislativo, sobre todo cuando el Código Civil contiene una normativa ambigua que menoscaba los derechos de los progenitores cuando la filiación es declarada judicialmente ocasionando una vulneración al Principio de Reciprocidad de Derechos entre padres e hijos amparado por la Constitución de la República del Ecuador. La disposición legal del Art. 25 del Código Civil, establece que en caso de que la paternidad o maternidad haya sido declarada judicialmente, los padres tienen todas las obligaciones respecto de los hijos, pero no pueden exigir ningún derecho ni siquiera el de herencia, lo cual atenta contra los principios de protección a la familia establecidos en el Art. 69 numerales 2 y 5 de la Constitución, en los cuales se establece como principio normativo, que el Estado promoverá la protección de los derechos recíprocos entre padres e hijos. Esto ocasiona varios inconvenientes jurídicos, puesto que si el progenitor no puede exigir ningún derecho, no podría plantear una acción de alimentos congruos contra el hijo, en el caso de que se encuentre en estado de grave necesidad económica, ni inclusive tendría derecho al socorro y cuidado que establece el mismo Código Civil en sus Arts. 266 y 267. A través de una profunda investigación se determina que existen inconsistencias en el tratamiento de ciertos temas relacionados a la familia, en donde los administradores de justicia han procurado siempre precautelar los derechos de los niños dejando de lado a los progenitores y dando como resultado: una vulneración de los derechos del progenitor, inseguridad jurídica y una evidente inequidad y desigualdad en el cumplimiento de obligaciones familiares. Por lo que en el Ecuador se requiere de reformas legales que permitan garantizar los derechos de todos los ciudadanos. This thesis entitled "The Principle of Reciprocity between parents and children and the judicial declaration of filiation", poses the question does the family have the attention it deserves within the legislative sphere, especially when the Civil Code contains an ambiguous legislation which undermines the rights of parents when paternity is judicially causing a violation of the principle of reciprocity of rights between parents and children protected by the Constitution of the Republic of Ecuador. The legal provision of Art. 25 of the Civil Code provides that if parenthood has been declared judicially, parents have obligations to all children, but cannot claim any rights or even that of inheritance, which violates the principles of protection of the family established in Art. 69 paragraphs 2 and 5 of the Constitution, which declares a normative principle that the State shall promote the protection of reciprocal rights between parents and children. This causes various legal disadvantages, since if the parent cannot demand any rights, they could not raise an action for maintenance congruous against the son, unless in the event that there is a state of severe economic need, or would even be entitled to relief and care stated in the Civil Code in Arts. 266 and 267. Through a thorough investigation it will be determined that there are inconsistencies in the treatment of certain issues related to the family, where managers have always sought justice forewarn the rights of children leaving aside the parents and resulting: a violation of the rights of the parent, legal uncertainty and a clear inequity and inequality in fulfilling family obligations.