Jurisprudencia y Ciencias Sociales

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

Examinar

Filtros

2024 - 20263

Ajustes

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

Resultados de la búsqueda

Mostrando 1 - 3 de 3
  • Miniatura
    Item type:Ítem,
    El ejercicio de la acción penal pública y los derechos de la víctima en el proceso penal ecuatoriano”
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-01-22)
    Chicaiza Cali, Alexandra Monserrath
    ;
    Ramiro Tite, Segundo
    This research paper analyzes the role of the prosecutor as the holder of the public criminal action, in accordance with the law, as they are the competent authority to exercise this action. However, the decisions made by the prosecutor regarding case dismissals, abstentions, and the application of the principle of opportunity affect the victim's interest in comprehensive reparations, the pursuit of justice and truth, and effective judicial protection. Despite legal advances regarding victims' rights, in practice, the prosecution's actions leave victims defenseless. This is evident in judicial practice in cases affecting restorative justice in our country. This problem arises from the lack of criteria to protect victims' rights in the face of procedural decisions such as the dismissal of investigations and the incorrect formulation of charges. This generates the need to analyze the prosecutor's role in public criminal action and the impact of these actions on victims' rights in reality, based on judicial cases. For this research, a qualitative methodology was employed, along with descriptive, analytical, and exploratory research levels. These methods allowed for the identification of the causes and consequences of the problem. Additionally, interviews were conducted with members of the judicial system, including judges, prosecutors, and practicing lawyers, who shared their perspectives on the issue based on their individual experiences. Regarding the review of the exercise of public criminal action and the rights of victims in the Ecuadorian criminal process, the following conclusion was reached: The Public Prosecutor's Office, representing the State, is the sole entity authorized to exercise criminal action, as established in Article 195 of the Constitution, which grants it procedural autonomy. However, the Public Prosecutor's Office does not efficiently fulfill the role entrusted to it in the Constitution, and the rights of victims are disregarded, violating their enshrined rights. The limitations and shortcomings in the exercise of public prosecution affect the effective guarantee of victims' rights in the Ecuadorian criminal process. These limitations are reflected in insufficient comprehensive reparations and vulnerability to procedural decisions, despite existing legal advances. It is important to consider that the prosecutor's participation has been affected by factors such as corruption, politics, and lack of training, among others, leaving victims completely defenseless.
  • Miniatura
    Item type:Ítem,
    El acoso sexual callejero como una manifestacion de violencia a las mujeres de la Universidad Técnica de Ambato
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08)
    Gallegos Llerena, Pamela Salomé
    ;
    Acosta Morales, María Gabriela
    Street sexual harassment is manifested through behaviors that make people who suffer it uncomfortable. It is a social problem that affects women more because society has normalized these gestures, comments and actions about their physique or they simply relate it. as a “compliment”. Unlike sexual harassment, street harassment does not necessarily involve a relationship between the harasser and the victim. The present investigation seeks to determine the existence of street sexual harassment as a manifestation of violence against women at the Technical University of Ambato. To carry out the research, a qualitative methodology will be used that will allow us to study this social phenomenon through interviews with women leaders who know more about the topic. Awareness and sensitization campaigns play a very important role within the university community, allowing its decrease and fear on the part of the people who experience it. The objective of these campaigns is to obtain an equal and fair society. On the other hand, by reforming the protocol for prevention and action in cases of harassment, discrimination, violence based on gender and sexual orientation that the University has, it helps to inform about this phenomenon and its respective sanctions. However, thanks to primary and secondary sources, it has been concluded that if street sexual harassment exists inside and outside the educational institution and it can be classified as a manifestation of violence because it affects women's emotional well-being, limiting them to develop within any area of their personal and professional life. The normalization of this phenomenon by society has allowed the necessary measures not to be taken to stop and mitigate this problem that harms women, leaving them traumatized and impeding their social well-being
  • Miniatura
    Item type:Ítem,
    Derechos de las víctimas y reparación integral por el delito de violación sexual en el Ecuador
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-02)
    Pilla Laica, Joselyn Micaela
    ;
    Tite, Ramiro Segundo
    Integral reparation is an obligation of the Ecuadorian state to compensate the impairment of a right and return the victim to the state prior to the damage caused, to mitigate the effects of the same damage caused by the perpetrator, under this context the Ecuadorian state from the constitution of 2008 established mechanisms to achieve an effective comprehensive reparation, specifically in research conducted will address the comprehensive reparation for the crime ofrape, a crime that violates constitutional rights such as sexual freedom, personal integrity, privacy, free development of personality, a dignified life and the right to life itself, it is important to highlight the type of damage that the victim suffers, the consequences suffered and the measures necessary to mitigate or return to the normal state, It is important to highlight the type of damage that the victim suffers, the consequences suffered and the measures necessary to mitigate or return to the victim's normal state, This last factor in certain cases has been impossible to repair since the psychological sequels go beyond the tangible because they are considered a "wound ofthe soul" by the victims and the state can only conceive it as "dignity", which has no price and in certain cases neither psychological help nor money are enough to prevent suicide; It is also inefficient when it comes to the fulfillment as integral reparation the economic payments when they do not possess money or material goods or because they are not suitable and proportional.