Jurisprudencia y Ciencias Sociales

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

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2022 - 20242

Ajustes

Tipo de acceso: Acceso abiertoTema: search.filters.subject.JUSTICIA DE PAZ

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  • Miniatura
    Item type:Ítem,
    Análisis jurídico de las competencias de los jueces de paz y las competencias de los cabildos en la justicia indígena
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08)
    Cáceres Montes, Melanie Estefanía
    ;
    Vargas Villacrés
    In Ecuador there are several types of justice, in this research work the justice of the peace and indigenous justice are highlighted. Therefore, the importance lies in identifying the competencies of the justices of the peace and the cabildos, which is why their analysis is crucial to understand and strengthen legal pluralism in Ecuador. This will promote a more equitable and inclusive administration of justice, respecting the cultural diversity of the country. The objective of this research work is focused on "Analyzing the competencies of justices of the peace and the cabildos in indigenous justice"; for which the qualitative approach, comparative and analytical methods have been applied, under the modality of bibliographic-documentary research, descriptive and analytical type of research. The data collection was carried out under the application of the interview technique, directed to experts in the subject under investigation, as presidents of the council of three communities, belonging to each indigenous people of the Ambato canton, to a political lieutenant, also to the justice of the peace of the north zone of the Ambato canton of the Province of Tungurahua; to professionals in constitutional law, in indigenous justice and alternative mechanisms of conflict resolution. The result obtained was a comparative study on the competencies and functions of justices of the peace and town councils, however, the effectiveness of the competencies of the justice of the peace is affected by the lack of training and incentives, while the effectiveness of the competencies of the cabildos has allowed for the rehabilitation of people and the creation of various mechanisms to regulate the development of the community. Therefore, it is concluded that the justice of the peace only resolves minor conflicts, on the other hand, the cabildo denotes greater hierarchy than the justices of the peace, because, in addition to resolving internal conflicts, it is in charge of educational, cultural, socio-economic, political, administrative development with the purpose of promoting and ensuring the sumak kawsay of its territory
  • Miniatura
    Item type:Ítem,
    Los procedimientos para la solución de los conflictos vecinales en las parroquias rurales del cantón Ambato
    (Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-09)
    Lescano Feijoo, Ruth Priscila
    ;
    Vayas Castro, Guillermo Santiago
    Conflicts are a situation that will always remain latent in society, as it is necessary to implement procedures to solve those inconveniences, based on this in Ecuador alternative procedures have been established for conflict resolution, this has the objective of avoiding the collapse in ordinary justice and guarantee access to justice in a prompt manner and with less expenditure of resources. A great problem is, despite the existence of these alternative methods, they have not been used correctly, since there is still ignorance on the part of the population, especially in the inhabitants of rural parishes, as in this case is the approach, to make these mechanisms more effective, justice of the peace has been implemented within rural and urban marginal parishes, however, not all parishes have agreed to this, seeing the need to seek help from members of parish GADs or in the Political Tenure, these have been in charge of acting as informal mediators in order to promote harmony among the inhabitants. The theme belongs to the line of research; public policies, law and society, for which an analytical study is carried out, using qualitative and quantitative methodology, through primary and secondary sources such as interviews, surveys and information collected from reading, in this way the results are obtained. procedures maintained by rural parishes to solve the different neighborhood conflicts