Derecho

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

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Subject: search.filters.subject.REPARACIÓN

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    Las cooperativas de ahorro y crédito y la reparación a los inversionistas de plazo fijo
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2020-11) Tisalema Mallqui, Luis Fernando; Jordan Buenaño, Jeanette Elizabeth
    This research work addresses the issue of Savings and Credit Cooperatives and reparation to fixed-term investors, for highlighting the social legal problem in the forced liquidation of the period 2010 to 2018, consequently this affects the rights of four hundred and thirty and seven thousand seven hundred five (436,705) investors, creditors and partners, and economic losses of forty-six million six hundred seventy-one thousand five hundred twenty-seven dollars (46'671,527.00). It was necessary to carry out this type of study with the Cooperatives in force to safeguard the rights of the members. To determine reparation to fixed-term investors, the research was developed through the quantitative, qualitative, exploratory, descriptive, bibliographic and field documentary methodology, with which it is determined that the reparation they have is not typified in any law. For fixed-term investors, there is no procedure for the settlement of fixed-term deposits in Cooperatives. The benefits that institutions give to fixed-term investors are; access to COSEDE insurance, percentage interests, gifts and recognitions at the Cooperative's events. With the analysis of the certificate of fixed-term deposit and interviews, the rights violated by the Savings and Credit Cooperatives were established.
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    La suspensión condicional de la pena y la violación al derecho de las víctimas
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-11) Castro Onofa, Jorge Leonardo; Espin Sandoval, Luis Fernando
    The current reality that we live in our country; Is that we are, in a constitutional state of rights, as established in the Constitution of the Republic of Ecuador, and it is for this reason that in the national legal order, to be more precise in the Integrated Code of Criminal Procedure, The conditional suspension of the criminal in article 630 of the code mentioned above. This mechanism constitutes an alternative measure, for those sentenced whose custodial sentence does not exceed five years, in addition the sentenced should not have another ruling in force, in turn their personal, social and family history, as well as the character of crime are samples That the execution of the sentence is not required; As clearly mentioned in the requirements established by COIP for the application of this mechanism; Crimes against sexual and reproductive integrity, violence against women and members of the family are situations in which the application of this benefit will not proceed for any reason. The sentenced who has benefited from the application of the conditional suspension of the sentence, once, has met the requirements, must comply with some conditions provided in article 631, the main reason for this research project is the one indicated by Number 7, which refers to reparation of damages or payment of a certain amount as compensation to the victim, in the form of integral reparation or guarantee some form of payment, this ensures that the victim is repaired by The damages suffered. As can be seen in the previous paragraph, one of the conditions that the sentenced must comply in order for the conditional suspension of the sentence to take effect is to ensure full reparation of the damages suffered by the victim, but this reparation must be comprehensive and Must comply with what is established by article 11 numeral 2 of COIP; Which refers to the integral reparation of the damages suffered as a fundamental right of the victims, and which also indicates the most appropriate mechanism for the application of this repair; These mechanisms include knowledge of the truth, restoration of injured rights, compensation and guarantee of non-repetition of inflation, satisfaction of the violated right, ensuring that these are fulfilled without any delay or delay ; These mechanisms will be used according to the offense of which they have been victims. As stated above, reparation for damages suffered by the victim must be executed correctly and promptly; Which does not happen in the case of the conditional suspension of the sentence. As stated above, in the condition stipulated in article 631 numeral 7 where the repair of damages is mentioned, there is no mention of a time limit for compliance with the same. Although it is true that there is no established time for the fulfillment of the reparation of the damages suffered by the victim, it is also undeniable that those sentenced who have access to this benefit, such as the conditional suspension of the sentence, must show their Interest in repairing the damage caused.
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    El derecho a la salud de los habitantes del Cantón Lago Agrio y la explotación petrolera
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-03) Castillo Monar, Angela Lourdes; Montero Solano, Juan Pablo
    The present research work has as its theme. "THE RIGHTS TO THE HEALTH OF THE CANTON LAGO AGRIO INHABITANTS AND PETROLEUM EXPLOITATION", the investigation showed that the rights to health guaranteed by the Constitution of the Republic are being violated cruelly by companies Due to the fact that they carry out extractive activities of petroleum without the proper precaution and methodology. In addition, the investigation revealed that the oil companies have not made any kind of reparation and much less compensation to the people who have been and still are affected in their health by the environmental contamination that provoke to extract the petroleum. It is important to mention that the present research arises from the need to implement a legal regulation that ensures the right to health of the inhabitants that have been affected by the great contaminations caused by oil companies when extracting oil from the Ecuadorian Amazon, allowing So give a contribution to the community and above all make respect the rights enshrined in the Constitution of the Republic, especially the right to health established in its art. 32. With these considerations and in application of article 396 ibidem that determines that "the State adopts the appropriate policies and measures that avoid the negative environmental impacts when there is certainty of damage" and if there is doubt about the environmental impact although there is no scientific evidence the State shall take appropriate and timely measures in defense of the rights of nature and the rights to health. In other words, the State will be responsible and guarantor of the rights established in the supreme norm or charter to ensure a dignified life for the Ecuadorian people.