Derecho

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    Régimen de rehabilitación semiabierto en el delito de obstrucción a la justicia y la tutela judicial efectiva
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09) Manobanda Mazabanda, Elida Gabriela; Acosta Morales, María Gabriela
    The prison system in Ecuador has evolved throughout history. The first prison was the García Moreno Prison in 1869, in which people who committed some types of crime were locked up and were only allowed to read the Bible. Nowadays, there are several prisons, including those in Guayaquil, Quito, Cuenca, Latacunga and Ambato. The penitentiary system is in charge, through the state, of executing the punishment of a person who has committed a crime with the aim of rehabilitating him and then being able to be reintegrated into society through activities required and stipulated in the Reglamento de Rehabilitación Social. For this reason, the problem arises from the reform that was carried out on August 17, 2021, in relation to the matter of anti-corruption in the Reform Law to the Comprehensive Organic Criminal Code, in which access to the semi-open regime is prohibited for the crime of obstruction of justice that has a criminal typology within the group of illegal acts that are violating effective judicial protection. Subsequently, this reform entered into force in Article 698 of the Comprehensive Organic Criminal Code, which makes it impossible to propose the semi-open social rehabilitation regime to persons deprived of their liberty who have committed the crime of obstruction of justice. What is stipulated above is contrary to what is established in the República del Ecuador, according to what is embodied in article 425 of the norm, which establishes that all infra-constitutional regulations must be in accordance with it; and, article 698 of the Comprehensive Organic Criminal Code does not allow access to justice to persons deprived of liberty who intend to file the semi-open rehabilitation regime, which is violating the right to effective judicial protection since there is an express norm that denies that claim and that does not allow the protection of constitutional rights through an adequate and technical defense.
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    La eficacia de constituir sociedades por acciones simplificadas (s.a.s) en los emprendimientos
    (Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-06) Hinojosa Guilcaso, Karol Tatiana; Jordán Buenaño, Jeanette Elizabeth
    In this research, it has been determined that the Simplified Joint Stock Company (S.A.S.) is a new corporate model, which was implemented in Ecuador at the end of February 2020. As a result of the incorporation of the recent Organic Law of Entrepreneurship and Innovation to our legislation and, likewise, causing a reform to the Companies Law. It should be noted that this company has an inter-institutional legal framework that facilitates the creation, execution, operation and cancellation of ventures. Since its incorporation process is much more simplified and flexible, since it can be carried out under a unilateral act or contract that does not require notarial procedures, in other words, all its formalities are completely free of charge. On the other hand, the purpose of this corporate figure is to achieve the consolidation of formal commerce, which guarantees entrepreneurs an equality of competences in the market. The methodology of this research work was based on the investigation and analysis of real data obtained from the subjects of study, which in this case were the entrepreneurs and the Superintendence of Companies of the canton of Ambato. Using a mixed qualitative and quantitative approach, which allows for a theoretical and statistical approach. Supported by a field exploration that, through the application of surveys and interviews, exposes the legal and social reality in which the entrepreneurs and the simplified stock company find themselves.
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    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 Patricio
    The 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.
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    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 Tarquino
    ABSTRACT 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.
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    Los Métodos alternativos de solución de conflictos y el Derecho a la integridad personal en la Parroquia Unamuncho del Cantón Ambato
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2016-05) Analuisa Manobanda, Mayra Alejandra; Molina, Maria Victoria
    This research work is presented based on the evolutionary process of society at present, it has given new mechanisms for resolving conflicts between people, which is why this process has been well received nationwide. The Constitution of the Republic of Ecuador and the Law on Arbitration and Mediation our country, typify the Arbitration and Mediation as alternative means for conflict resolution. As there is ignorance of society about ADR, the purpose is socializing mechanisms that drive Mediation and Arbitration, as appropriate mechanisms for conflict resolution. With the main object, that society knows about alternative dispute resolution methods and apply them in their daily lives, such as rapid means seeking satisfactory solutions for the parties involved, without having to resort to legal instances. It is therefore necessary to use various mechanisms to inform society about the existence and use of alternative methods of conflict resolution, because this way we can eradicate all kinds of legal situations generated by the violation of rights people. The aim of this thesis is to try to propose mechanisms to promote mediation as a suitable process for conflict resolution, always linked to existing legislation and verify the possibilities of mediation in the field of private and public sector.
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    Las acciones disciplinarias contempladas en la Ley Orgánica de Educación Intercultural y la inseguridad en los establecimientos educativos de la ciudad de Ambato
    (2015) Escobar Sánchez, Mónica Gabriela; Tite, Segundo Ramiro
    La Inseguridad dentro de las instituciones de educación media en la ciudad de Ambato y en el país se ha incrementado en los últimos años, constituyéndose en un problema social que tiene visos de incrementarse antes que erradicarse. Esta inseguridad es causada por grupos de jóvenes que cometen actos delictivos en contra de otros estudiantes dentro de estos planteles. Este problema, a más de ser parte de los establecimientos educativos donde surge este conflicto, también acarrea problemas familiares de los estudiantes afectados y por ende a toda la sociedad. Debido a la proliferación de esta dificultad, la presente investigación tiene como objetivo principal estudiar los niveles de aplicación de las Acciones Educativas Disciplinarias tipificadas en la Ley Orgánica de Educación Intercultural y su incidencia en la inseguridad de las Unidades Educativas de la ciudad de Ambato, para lo cual se ha sustentado teórica y jurídicamente esta investigación. Además se realizaron las encuestas a abogados de libre ejercicio, y a los estudiantes de décimos años de la Unidad Educativa “Liceo Cevallos” de la ciudad de Ambato, con lo cual se identificó plenamente el problema latente. Luego de los resultados obtenidos se propuso reformar el numeral 1 del artículo 330 Capítulo IV del Reglamento General a la Ley Orgánica de Educación Intercultural con el fin de erradicar la inseguridad en los bienes de los estudiantes de las instituciones educativas del país.Insecurity in secondary education institutions in the city of Ambato and in the country has increased in recent years, becoming a social problem that is unlikely to be increased rather than eradicated. This insecurity is caused by groups of young people who commit criminal acts against other students in these schools. This problem, besides being part of the educational establishments where the conflict arises, family problems also brings students affected and therefore the whole society. Due to the proliferation of this difficulty, this research has as main objective to study the levels of application of disciplinary actions typified Educational Organic Law of Intercultural Education and its impact on the insecurity of the Educational Units of the city of Ambato, for which it is theoretically and legally supported this research. Besides the surveys to free exercise of lawyers, and students of tenth anniversary of the Educational Unit "Liceo Cevallos" city of Ambato, bringing the full potential problem it is identified. After the results it was proposed to reform Article 330 paragraph 1 of Chapter IV of the General Regulation of the Organic Law of Intercultural Education in order to eradicate insecurity in the real students of educational institutions.