Jurisprudencia y Ciencias Sociales

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El acto probatorio del despido intempestiv, en al terminación unilateral por parte de los empleadores
(Universida Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2020-02) Masache Masache, Mary Andrea; Acosta Morales, Gabriela
The investigative work was carried out in the Judicial Unit of work in the city of Ambato, with the theme “THE PROBATORY ACT OF INTEMPESTIVE DISMISSAL, IN THE UNILATERAL TERMINATION BY EMPLOYERS” today we have seen that there are many workers who suffer a Untimely dismissal by employers, causing the worker to remain unemployed and often without compensation for lack of evidence before the competent Authority. The research project analyzed the feasible evidence to demonstrate the Untimely Dismissal, since the worker dismissed unexpectedly by following the only action that the law protects him, this is an oral labor claim, he must externalize the elements of the act before the authority, and in the case of a demand for untimely dismissal, for legal logic, all the necessary evidence must be available to prove the fact of the untimely dismissal, which is why my job proposal would be to determine the reliable evidence to demonstrate the dismissal untimely, in order that the worker can obtain compensation, and thus fight with job insecurity and unemployment. In this way many employers will have to analyze before terminating the unilateral employment relationship of a worker whose compensation they will have to pay, that is, cover the lost earnings and the emerging damage and will do so when it is extremely necessary. Therefore, the work will be framed to a qualitative approach because it is carried out through bibliographic review to support the research and design of the information instruments and the quantitative approach, because the instruments generate data that will allow us to approach the reality of the problem.
La fianza y la administración de justicia en materia penal
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-11) Velasteguí Gómez, Aarón Adolfo; Acosta Morales, Gabriela
The importance of the present investigative work lies in the fact that it tends to an adequate judicial tutelage and legal security, without this constituting a symbolic postulate. The administration of justice in criminal matters must therefore apply and guarantee the rights of the parties, mostly the weakest subject in a criminal process (accused or accused). The methodology applied is the qualitative one, which consists of the investigator approaching or making contact with a real subject or individual, which offers useful and pertinent information, based on experiences, values, opinions, through techniques such as interviews or documentary analysis. The human being as an individual, being the cornerstone of social development, the Line of Research corresponds to Integral Social Human Development. The proposal is that, through a reform of article 522 of the Criminal Comprehensive Organic Code, the bond should be incorporated and establishe as a precautionary measure of a personal order other than pre-trial detention, in order to avoid to the extent that it restriction of the fundamental right to personal freedom.
La violencia patrimonial conyugal en el Ecuador: Un Análisis Jurídico de su Juzgamiento
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho., 2025-08-04) Hidalgo Masaquiza, Melva Lissette; Acosta Morales, Gabriela
Violence against women and girls is one of the most pervasive human rights violations worldwide. Cases occur daily across the globe, with severe physical, economic, and psychological consequences for women and girls, both in the short and long term, hindering their full and equal participation in society. The impact of this violence, on individuals, families, and society as a whole, is profound. One of the primary forms of violence against women is economic and financial violence, which encompasses a range of behaviors, including denying access to economic resources, destroying material goods, withholding personal property, restricting access to bank accounts or savings, damaging property, or forcing the victim to rely economically on the perpetrator.Notably, regulations in Ecuador and many Latin American and Caribbean countries aim to prevent and eradicate this form of violence. In Ecuador, such acts are penalized as offenses through an expedited procedure outlined in the Organic Law to Prevent and Eradicate Violence against Women (LOPVEM) and the Comprehensive Organic Criminal Code (COIP). The methodology employed to study economic and financial violence involved analyzing and describing specific social behaviors classified as malicious acts under the law and subject to punishment. Data sources included technological tools, scientific articles, books, judicial decisions, legal regulations, and interviews with prosecutors, judges, and lawyers involved in the justice system to understand the challenges and applicability of gender-sensitive protocols in prosecuting economic and financial violence.
Las licencias de conducir y la sanción en el Codigo Integral Penal
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-11) Bedón Pazmiño, Bryan Esteeven; Acosta Morales, Gabriela
The knowledge of the sanction to the driver's licenses of the land transport means, applied by the Integral Criminal Organic Code, the sanction by the judges is of transcendental importance, it has been determined that it is an imprecise sanction without punitive power what evidence that our code has an indistinct criminal type, unable to fulfill its punishable purpose or normally known as the punishment of the offender.The methodology used has been qualitative, the researcher has had contact with the individual, who has provided necessary and pertinent information through the technique used in the interview and documentary analysis, and being our evolutionary society, our Integral Criminal Organic Code, forced to merit assess its specific coercive nature in the second-class traffic contravention, if its sanction is currently being required with the individualized, strict and independent study of the expired, canceled, revoked and suspended license. Consequently, the investigation has been obtained that the sea typified a new sanction isolated from the contraventions that fulfill their main purpose, which is to promote rehabilitation and prevent subsequent crimes. Also, the National Transit Agency administratively its licensing and registration systems do not allow a triangulation of information with the judicial and control system. In addition, a comparative study was carried out between legislations such as Peru and Colombia that maintains similarity in its sanction and in the facts, in a specific sea that is a cultural social problem that our Ecuadorian State crosses in the road traffic following a wrong established sanction. in our law