Jurisprudencia y Ciencias Sociales

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

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2016 - 20172

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

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  • Miniatura
    Item type:Ítem,
    El principio de celeridad y el proceso administrativo de adopción
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-03)
    Garcia Flores, Adriana Lisseth
    ;
    Sánchez-Peinado, Jesus Navalpotro
    Adoption is a legal institution regulated by the Civil Code from its beginnings, collecting the Spanish tradition and, before, the Roman tradition. However, it is not only civilian elements that have to be considered in their study. The adoption process is regulated by the State, which has provided for a procedure before the Public Administration responsible for safeguarding the interests of vulnerable people, and before the judicial body to process and enforce that institution. Moreover, it is not possible to leave aside the relevance that sociologically can acquire this institution concretely in Ecuador. Specifically, in the province of Tungurahua, where our study is focused, there are a large number of children in shelters. And there is also an interest in adopting couples, but the final number of adoptions is rather meager. In relation to this problem, we consider the application of the constitutional principle of celerity, which may present shortcomings in its application to the adoption processes. Is there a slowness in the processes of adoption? If this fact is verified, we will find that a considerable delay in these procedures is hurting those who are interested in adopting, who experience unjustified economic and moral damages. But it is not only those who are violated their rights, but also those children and adolescents who are waiting for a home, a family that can provide a suitable means to grow. From that point of view we can consider that the superior interest of the child is also being violated; An interest whose protection is typified in the Code of Children and Adolescents, supported by. For this reason an investigation has been carried out, with the main objective of analyzing in what way the principle of speed in the administrative process of adoption impinges. The first element of this study has been the search for bibliographic information and the analysis of the civil regulation and, especially of the administrative procedure, of the adoption. To obtain and contrast data on the research, we have worked with the Judicial Unit of the Family, Women, Children and Adolescents, based in Ambato; The Technical Unit for Adoption - Department of Economic and Social Inclusion Ministry, with convivial institutions such as: Santa Marianita and Don Bosco; And, finally, with the consultation of judges, lawyers in free exercise and persons interested in adopting. After having conducted surveys and interviews, the results corroborate that the procedures within the administrative adoption process are slow. Therefore, it has been proposed to propose the preparation of a training and information program for officials, interveners and interested parties in the adoption, to provide the elements of knowledge and precise action on the process, so that the procedures are completed in a shorter time possible.
  • Miniatura
    Item type:Ítem,
    El principio de igualdad de derechos y la tenencia de los impuberes en el juzgado "H" la unidad judicial de la familia, mujer, niñez y adolescencia con sede en el Cantón Ambato
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2016-10)
    Montesdeoca López, Verenice Verónica
    ;
    Mayorga Naranjo, Nelson Eduardo
    The graduation work: "THE PRINCIPLE OF EQUAL RIGHTS AND TENURE PREPUBERTAL IN JUDICIAL COURT UNITH FAMILY, WOMEN, CHILDREN AND ADOLESCENTS Based in Ambato Canton", this research project has generated as a result of the great controversy between divorced parents because of the problems in society, resulting in the struggle of parents to be with their children, even against the law and certain taboos to love, care and protection of the parents is not limited to a simple weekly visit and not to be seen as an entity that issues money, is each month to pay the pension, under penalty of going to prison. After the investigative work, it is concluded that after divorce or separation the judge decides by the Ecuadorian Civil Code establish the care of children should be left to the mother when in between there is a separation, without being considered the father. Thus, usually the father only thing left is the "right to visit" for the time and conditions set by the judge.For this reason it has been chosen as a research topic unequal rights of each parent against direct custody of children under age giving the possibility that parents have the same rights as mothers to have direct custody of her children. Under these parameters, one can say that this research is of vital importance and significance, as it seeks to provide an alternative solution to the problem, which is of vital importance to be placed in our legal system to protect and forewarn the best interests of parents, children of our country.