Jurisprudencia y Ciencias Sociales

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

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2025 - 20262

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Fecha de inicio: 2020Tema: search.filters.subject.CENSURA

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  • Miniatura
    Item type:Ítem,
    Equilibrio entre el derecho a la seguridad, privacidad y la penalización de la Infocracia
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-01-22)
    Viracocha Molina, Carlos Emanuel
    ;
    Acosta Morales, María Gabriela
    This relevant academic study addresses the emerging phenomenon known as Infocracy, conceptualized as a form of political control based on the mass manipulation of information through the use of digital algorithms. This has created a visible tension between the right to security and the protection of individual privacy worldwide. The problem lies in the rapid pace of technological advancement compared to existing regulations, especially those concerning surveillance and data extraction. Ecuador lacks an effective legal response to this phenomenon, risking excessive penalties that could violate fundamental rights. The study's overall objective is to examine the balance between the right to privacy and security in the face of the potential criminalization of Infocracy. To this end, the study identifies the main reasons for the possible criminalization of Infocracy, analyzes the legal consequences this would entail, and concludes with an analysis of how this balance is disrupted when privacy becomes a factor in insecurity. The study employs a qualitative approach, using both documentary and bibliographic research, with exploratory and descriptive levels. Using analytical-synthetic, hermeneutic, historical-critical, and heuristic methods, the national regulations were deconstructed and compared with models of comparative law, in this case, that of the European Union. The results led to a rejection of potential criminalization, since, to sanction algorithmic and diffuse conduct, the criminal route is dangerous due to its potential for censorship. It was concluded that the true balance lies not in using the State's punitive power, but in an administrative and electoral regulatory approach, inspired by the European Digital Services Act, which sanctions digital platforms for their structural risks and thus protects personal data without criminalizing citizens. Consequently, reform of the Democracy Code and strengthening of the Data Protection Superintendency are recommended as effective mechanisms for preventive rather than punitive oversight.
  • Miniatura
    Item type:Ítem,
    El derecho a la libertad de expresión: análisis del caso radio pichincha universal
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-21)
    Bucheli Escobar, Karen Mishell
    ;
    Vargas Villacrés, Borman Renán
    The right to freedom of expression is a fundamental element within society, it guarantees that there is a fair and balanced democracy in the different countries, so that the population when exercising this right can express themselves freely about the different events, being a right enshrined in the Constitution of the Republic of Ecuador, it is guaranteed and safeguarded by the State, which ensures that there will be no reprisals when exercising it. There are international organizations that protect this right, even cataloging it as fundamental for individuals. Therefore, the objective of the research is to carefully analyze the national regulations in Ecuador such as conventions and treaties issued by international entities that safeguard freedom of expression, in addition to analyzing an emblematic case in the country "Radio Pichincha Universal". For this reason, the qualitative methodology was used, employing an analytical, explanatory approach, based on secondary sources to obtain information on the subject. Through the investigation, it is concluded that despite the fact that Freedom of Expression is a fundamental human right and is enshrined in regulations such as the Constitution of the Republic of Ecuador and international regulations, it has been violated not only by the Ecuadorian State but even by other countries, since in some way citizen opinion does not benefit the government in power, thus generating reprisals towards the media with the aim of closing them down and not allowing them to disseminate their opinions