Jurisprudencia y Ciencias Sociales

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

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2023 - 20263

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

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Mostrando 1 - 3 de 3
  • Miniatura
    Item type:Ítem,
    La cadena perpetua y las nuevas formas de criminalidad
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-10)
    Fuentes Pruna, Genesis Fernanda
    ;
    Tite, Segundo Ramiro
    This study analyzes the possible implementation of life imprisonment within the Ecuadorian criminal justice system in response to the increase in violence, crime, and new modern forms of criminality related to organized crime, drug trafficking, contract killings, extortion, and other highly dangerous offenses. The main purpose of this research is to examine the legal implications that this criminal sanction would have, identify the possible constitutional and legal limitations for its application within the Ecuadorian criminal system, and evaluate the mechanisms currently used to confront the growing and persistent wave of criminality in the country. Through a qualitative approach, supported by doctrinal and legal analysis, as well as interviews conducted with judges, prosecutors, and practicing attorneys, it was possible to obtain specialized and personalized results regarding the efficiency and effectiveness of the different criminal sanctions that currently exist in the country, along with the urgent need to strengthen and toughen the criminal justice system in the face of the imminent growth of violence. Likewise, the study revealed the weakness and lack of control within both the penitentiary and criminal justice systems. Consequently, the research concludes that the problem of organized crime in Ecuador requires the implementation of severe and drastic measures, including harsher penalties according to the seriousness of each offense in a fair and proportional manner. However, it also requires internal and external reforms within the criminal and penitentiary systems, such as effective control over persons deprived of liberty and the fight against corruption within all public institutions. Furthermore, it is necessary to implement maximum-security prison segmentation for high-severity crimes, while ensuring that correctional centers for lesser offenses truly fulfill a rehabilitative purpose.
  • Miniatura
    Item type:Ítem,
    El Garantismo: Estudio comparativo Ecuador versus el Salvador
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-02)
    Sánchez Ramos, Katherine Lizbeth
    ;
    Acosta Morales, María Gabriela
    In this investigative work, an in-depth analysis of the evolution of guarantees in prison systems will be carried out, through a comparative study of the Republic of Ecuador and the Republic of Salvador, focusing on the human rights of each person deprived of liberty. , throughout the history of the prison system in our country, inadequate infrastructures have been evident that are not suitable for the necessary rehabilitation and reintegration of each person deprived of liberty (PPL) into society. This situation has meant that, currently, human rights are not fully enjoyed and are the cause of chaos that includes violence, deaths, internal corruption, stacking, damage to infrastructure, lack of trained personnel, lack of implementation of programs. of activities for social rehabilitation, as well as the entry of weapons or narcotic substances, among other problems. Likewise, in the Republic of El Salvador it has been a scenario of violence over the years. The lack of resources has been a key point for insecurity, since each prison system is overcrowded and it is essential to address these problems in a comprehensive manner to guarantee the fundamental rights of people deprived of liberty, promoting prison conditions that favor rehabilitation and social reintegration, and that are in line with the principles of guarantees and respect for human rights. In summary, this research has leaned towards a qualitative approach, the bibliographic and documentary type in the midst of an inductive analysis logic and the execution of each of the previously stated objectives, this study is of great relevance, since it focuses on examining, identifying and defining significant aspects of the penitentiary system in Ecuador and the rights of those who are deprived of liberty from a guarantee approach
  • Miniatura
    Item type:Ítem,
    Sistema carcelario Ecuatoriano y Derechos de los PPL desde el garantismo
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09)
    Pruna Taco, Ana Del Carmen
    ;
    Acosta Morales, María Gabriela
    This research work is focused on analyzing the evolution of the Ecuadorian prison system and the human rights of the PPL from the point of view of the "garantismo". This is to determine that throughout the prison history in our country, there are still remnants of previous places called "houses adapted for prison", which were nothing more than places in which the repression of prisoners was exercised. This reality has not changed completely with the passage of time, thus causing that, at present, persons deprived of liberty do not fully enjoy their rights, due to the problems of: corruption; overcrowding; violence; deficient infrastructure; lack of trained prison staff; lack of treatment and/or programs to curb the consumption and addiction to various psychotropic and narcotic substances; lack of control and supervision of prohibited objects; among others. In addition, these failures make it impossible to achieve the objective of the deprivation of liberty, which is to achieve correct rehabilitation in the different Social Rehabilitation Centers of the country and a successful reintegration of the PPL into society. In this context, the present research work used a methodology with a qualitative approach, documentary-bibliographic type, and a logic of reasoning of inductive character to meet the objectives of this project. Therefore, this research work is of great importance, since it analyzes, determines, and establishes relevant aspects of the Ecuadorian prison system and the rights of persons deprived of liberty from a guaranteed perspective.