Jurisprudencia y Ciencias Sociales

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

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2025 - 20263

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Tipo de acceso: Acceso abiertoTema: search.filters.subject.SISTEMA PENAL

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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,
    La justicia restaurativa y el procedimiento expedito en el sistema penal ecuatoriano
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-09)
    Moscoso Tapia, Kenya Camila
    ;
    Acosta Morales, María Gabriela
    This thesis, titled “Restorative Justice and Expedited Proceedings in the Ecuadorian Criminal Justice System”, examines the influence of restorative justice on expedited proceedings within the Ecuadorian criminal justice system, taking into account the existing limitations to its implementation and the need to strengthen mechanisms aimed at comprehensive reparation and the building of a culture of peace. The overall objective was to analyze the influence of restorative justice on expedited proceedings in the Ecuadorian criminal justice system. The research was conducted using a qualitative approach, through a bibliographic-documentary and field study, supported by methods that allowed for the examination of doctrinal and normative foundations, as well as specialized criteria related to the subject under investigation. The research techniques employed included documentary analysis and interviews with a judge, a prosecutor, and a practicing attorney, all of whom are experts in the field. The results revealed diverse criteria regarding the application of restorative justice, identifying limitations related to lack of awareness, limited dissemination, insufficient specialization, and the absence of uniform mechanisms that would allow for its proper implementation within expedited proceedings. It was also determined that the application of restorative mechanisms can help strengthen dialogue between the parties and lead to a more comprehensive remedy for the harm caused. It was concluded that, while there is a legal basis for their application, practical and structural difficulties persist that limit their effective use, making it necessary to strengthen guidelines and mechanisms that allow for a more comprehensive and uniform application within the Ecuadorian criminal justice system.
  • Miniatura
    Item type:Ítem,
    La protección jurídica de los derechos de los animales en el Sistema Penal Ecuatoriano
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-27)
    Vega Botina, Robinson Bryan
    ;
    Tite, Segundo Ramiro
    This thesis, titled "The Legal Protection of Animal Rights in the Ecuadorian Criminal System," examines the Ecuadorian legal framework regarding animal rights protection, with a focus on the criminal justice system. In recent years, animal abuse has become a growing public concern, leading to the creation of laws aimed at ensuring animal welfare and penalizing abusive behavior. However, the enforcement of these laws still faces significant challenges. The main objective of this research is to assess the effectiveness of current laws in protecting animal rights and their enforcement within the criminal sphere. The study analyzes the Comprehensive Organic Criminal Code (COIP) and the Organic Environmental Code, focusing on provisions related to animal abuse and cruelty crimes. It also examines judicial procedures in specific animal abuse cases, the penalties imposed, and the role of institutions responsible for enforcing these regulations. The thesis includes a comparative analysis with the laws of other countries, highlighting areas where the Ecuadorian system could improve. Additionally, proposed legislative reforms and their potential impact on the effective protection of animals are discussed. The findings reveal that while Ecuador's legal framework has made progress in recognizing animal rights, enforcement remains limited due to factors such as lack of training for justice operators, insufficient resources, and low public awareness. The study concludes with recommendations to strengthen the criminal system in protecting animal rights, including the creation of a national registry of animal abusers and increased public education campaigns.