Derecho

Permanent URI for this collectionhttp://repositorio.uta.edu.ec/handle/123456789/893

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    Rol de la justicia indígena Ecuatoriana en los casos de extorsión en la Parroquia Toacaso
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Torres Silva, Marilin Mishel; Vargas Villacrés, Borman Renán
    Indigenous justice has been a fundamental part of the life of indigenous communities since colonial times, based on customary law and ancestral traditions. In Ecuador, its importance and recognition have been reflected in the 2008 Constitution, especially in Article 171, which guarantees the jurisdictional functions of indigenous authorities to resolve internal conflicts according to their own rules and procedures, being crucial to understand how indigenous communities deal with crimes such as extortion within their jurisdiction. The objective of this research is to analyze the application of indigenous justice in extortion cases in the Toacaso parish, in order to understand the role it plays in the resolution of these cases. For this purpose, a qualitative methodology was used, employing descriptive, documentary or bibliographic research and field research. Data collection was carried out through interviews with indigenous authorities of the Toacaso parish and experts in the field. The results of these interviews revealed that indigenous justice focuses on reintegration and community harmony, using sanctions ranging from public apologies to economic compensation and symbolic physical punishment, in the same way they will act in extortion crimes even though this crime has not been known and resolved by the indigenous authorities before. In conclusion, indigenous justice has mechanisms to resolve any type of crime, but murder is not part of these mechanisms. In the case of the lynching of two alleged extortionists in the community of Plancha Loma, Toacaso parish, the indigenous authorities did not intervene in the lynching, so this fact cannot be attributed to indigenous justice since this justice system must guarantee the protection of human rights enshrined in the Magna Carta and international instruments
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    La violación con muerte a niños o niñas y la regulación de penas en el COIP
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-06) Vargas Tisalema, Méntor Fernando; Espín Meléndez, María Cristina
    The present graduation work entitled "THE VIOLATION WITH DEATH OF CHILDREN AND THE REGULATION OF PENALTIES IN THE CORE COMPREHENSIVE CRIMINAL CODE" proposes to implement the integral reparation of the victim by the State. In Ecuador the crime of rape with death causes great social commotion among its inhabitants, the National Police through DINASED states that in 2014 were 5 and 2015 6 cases giving an increase, it is clear that the figures are not so extensive , But since the victim is a child, and because it is considered a priority attention group, the population in general is concerned about the violation of fundamental rights established in the Constitution, such as the right to life, the right to physical, moral, And sexual. The Comprehensive Criminal Organic Code called COIP, which entered into force in 2014 typifies and punishes criminal offenses, the crime of rape with the death of children is punishable by a custodial sentence of twenty-two to twenty-six years, is taken in Account the circumstances of the offense, as well as the integral reparation of the victim, thus treating the convicted person to pay the material, personal or social damage caused. With the information collected and after the analysis and interpretation of the results, it is considered that the integral reparation of the victim must be assumed by the Ecuadorian State provided that the condemned person does not have the necessary resources since implementing this measure in the Organic Code Integral Penal COIP, the full reparation of the victim, his / her relatives and society in general may be effectively effectuated. From what can be said that this work of investigation is of importance and transcendence, since it tries to reform article 171 in relation to the violation with the death of children thus trying not to violate constitutional and international rights of the children.