Jurisprudencia y Ciencias Sociales

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

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2021 - 20242

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Tipo de acceso: Acceso abiertoTema: search.filters.subject.IGUALDAD FORMAL

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  • Miniatura
    Item type:Ítem,
    La suspensión condicional de la pena y la igualdad formal
    (Universidad técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-11)
    Santamaría Navas, José Daniel
    ;
    Rodriguez, Cristian
    The research focuses on evaluating whether the conditional suspension of sentences, regulated by Article 630 of the Comprehensive Organic Criminal Code (COIP) of Ecuador, violates the principle of formal equality by limiting its application to crimes punished with sentences not exceeding five years of imprisonment. It questions whether this restriction imposes unequal and unjustified treatment on defendants without considering the particularities of each case. The research employs a qualitative and documentary approach, reviewing and analyzing relevant laws, jurisprudence, and legal literature. A jurisprudential matrix is created to collect and systematize rulings from the Constitutional Court of Ecuador and other relevant courts. Additionally, a bibliographic review is conducted to contextualize and deepen the theoretical and normative concepts related to the conditional suspension of sentences and the principle of formal equality. The analysis of rulings reveals that the fiveyear limit imposed by Article 630 of the COIP can result in unequal treatment for defendants. Judicial decisions emphasize the importance of evaluating each case based on its specific circumstances, respecting the principles of proportionality and necessity. The analyzed rulings underline the need for an equitable interpretation and application of criminal norms to ensure respect for the principle of formal equality. The research concludes that the conditional suspension of sentences, as currently regulated, may violate the principle of formal equality by not considering the particularities of each case
  • Miniatura
    Item type:Ítem,
    Políticas de acciones afirmativas étnicas y los principios constitucionales de igualdad y equidad
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-01)
    Chulco Lema, Byron Javier
    ;
    Ilaquiche Licta, Raúl Clemente
    Affirmative actions are determined in our Constitution as policies aimed at creating equality and equity. In this sense, the State, in its actions to achieve these principles, it has implemented the mandatory application of the same in both such as a public and private spheres, expecting this to include groups considered historically discriminated against in our country. In this sense, the present investigation searches to determine if the application of affirmative actions allows formal and material equality by State objective. Likewise, it seeks to verify to what extent the people belong to a minority group are underestimated, exposing the thesis that they will not be able to achieve something without state aid. Within this framework, observe that affirmative actions seek to create equality through differentiation. The application of affirmative ethnic actions applied to both the workplace and education in our country, generates situations of equity and equality only at the starting points, but it does not ensure situations of permanence, which would help to achieve in a real way the guarantee of accomplishment with constitutional principles. Therefore, we can conclude that the fact of benefiting from a cultural and historical differentiation results in greater processes of exclusion and inequality. Within this framework, we may establish that the social impact generated by the application of Affirmative Actions has not been analyzed or taken into account. Such is the case that can be considered as differentiating actions between citizens. However, it is more accurate to opt for policies that emphasize ensuring that people belonging to an ethnic group benefit from affirmative actions within the educational field, with equal access and a guarantee of completing a degree that later becomes the axis that contributes to inclusion of it in the workplace