Jurisprudencia y Ciencias Sociales

URI permanente para esta comunidadhttp://repositorio.uta.edu.ec/handle/123456789/892

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2019 - 201912020 - 20242

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Tipo de acceso: Acceso abiertoTema: search.filters.subject.CRIMINALIZACIÓN

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Mostrando 1 - 3 de 3
  • Miniatura
    Item type:Ítem,
    El tipo penal de terrorismo para criminalizar lideres indígenas en la protección de los derechos de la naturaleza en Ecuador
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08)
    Tipantasig Espinoza, Evelin Dayana
    ;
    León Trujillo, Edison Santiago
    The criminalization of Indigenous leaders defending nature rights under the terrorism offense in Ecuador poses a severe threat to human rights, democracy, and environmental protection. This practice silences the voices of those who protect our ecosystems and undermines the fundamental rights of Indigenous peoples. Consequently, this research aims to analyze the use of the terrorism offense as a tool to criminalize Indigenous leaders defending nature rights in Ecuador. The study seeks to determine the legal, political, and social impacts of this practice. It examines the application of the terrorism offense under the Comprehensive Organic Criminal Code, the relationship between Indigenous peoples' right to environmental defense and the recognition of nature rights, and the repercussions of criminalizing Indigenous leaders on the protection of these rights. The research was conceptualized under the modality of bibliographic and documentary research, exhaustively reviewing research backgrounds at the national and international levels. The methodology employed in this research is based on a qualitative approach with an exploratory scope. Interviews were applied as a data collection technique, both to criminalized Indigenous leaders and to legal experts and state officials in the legal field. This qualitative approach allowed for obtaining detailed and contextualized information on the criminalization of Indigenous leaders in relation to the terrorism offense in Ecuador. The exploratory scope was employed due to the lack of sufficient prior information on the issue raised, which allowed for exploring and understanding the phenomenon under study. The research reveals a deep disconnect between the criminal legal framework and the recognition of Indigenous peoples' rights in Ecuador. The application of the terrorism offense to Indigenous leaders defending nature generates various negative impacts, including the restriction of freedom of expression and social protest, the demobilization of communities, and the legitimization of state violence. Thus, it is proposed to create measures to ensure that the terrorism offense is used objectively in the legitimate defense of nature rights by Indigenous communities in Ecuador
  • Miniatura
    Item type:Ítem,
    Facilitar conocimiento jurídico en el delito de delincuencia organizada, y la criminalización del ejercicio del Derecho
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-02)
    Ponce Pilatasig, Wilar Saúl
    ;
    Acosta Morales, María Gabriela
    In Ecuador, organized crime has been one of the crimes that has required greater control and investigations due to the damages and violations of rights it has produced, which is why the legislator has incorrectly believed that it is convenient to criminalize the Law as a collaborated in this crime, without considering the sources that originate the modus operandi and the shortcomings of these criminal groups, therefore the main objective of the investigation is to determine if collaboration in organized crime of the third paragraph of Art. 369 of the COIP, criminalizes the professional practice of law, which can be clarified with the help of qualitative research of a descriptive, analytical and explanatory type, with the help of qualitative, analytical and comparative methods and research techniques and instruments that they allow. collect relevant information, which allowed us to obtain the result that the criminalization of legal professionals is not the ideal way to reduce the crime rate in Ecuador, since it must be a comprehensive regulation and observe the sources that originate the organization of these criminal groups, the reform of the article regarding the collaborators of this type of crime is urgent, due to the impact on the rights to work, due process, legal security and effective judicial protection.
  • Miniatura
    Item type:Ítem,
    La criminalización del pasado judicial y los derechos constitucionales
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-06)
    Vizuete Gallardo, Marco Fernando
    ;
    Garzón Villacrés, Iván Arsenio
    The present research work, Its purpose is to analyze the recidivism, from the point of view of the criminalization of the judicial past, that is to say that in Ecuadorian legislation there is recidivism in its regulations, which is applicable to people who have committed a new crime with the same elements, in this way violating Constitutional principles that contrasts with this particular regulation of recidivism. The criminal code, before the publication of the Organic Comprehensive Penal Code already contemplated this rule of recidivism in its article 77, said that there is recidivism when the accused returns to commit a crime after having committed an earlier one for which he received a conviction. Currently our Organic Comprehensive Criminal Code maintains this regulation but emphasizes the commission of a new criminal offense with the same elements, that is to say it refers to the specific recidivism of typicity: deceit or fault, where a third of the penalty is increased for the person who commits another crime. In this sense we can observe that the Constitution of the Republic of Ecuador in article 11 number 2, guarantees non-criminalization by the judicial past of the persons, which would imply a violation of due process. It is considered that this article must be eliminated that contemplates our Integral Organic Penal Code since if we have a supra norm that is the Constitution of the Republic of Ecuador, There could not be a rule that violates the rights of people who have to be prosecuted because it is unconstitutional, It is evident that Constitutional Rights are violated.