Jurisprudencia y Ciencias Sociales

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

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2023 - 20262

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

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  • Miniatura
    Item type:Ítem,
    Obstáculos normativos y acceso a la justicia de mujeres víctimas de violencia física en la Parroquia de Santa Rosa
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-01-22)
    Flores Vargas, Emilia Anahí
    ;
    Ramiro Tite, Segundo
    This research examines the normative, institutional, and sociocultural obstacles that hinder access to justice for women victims of physical violence in the Parish of Santa Rosa. Although national legislation recognizes violence against women as a serious human rights violation and establishes mechanisms for protection, its practical implementation at the local level remains limited. These shortcomings manifest in delays in reporting procedures, inconsistent criteria for risk assessment, and insufficient issuance of protection measures. The study employs a qualitative approach, supported by documentary analysis, legal review, and interviews with institutional and community actors involved in the local response system. This methodological framework enabled a comprehensive understanding of how legal and institutional shortcomings affect victims” ability to seek and obtain justice. Findings show a significant gap between the legal framework and its effective application, aggravated by limited institutional resources, inadequate infrastructure, and the absence of specialized personnel. The research also identifies persistent institutional revictimization, characterized by repeated recounting of traumatic events, insensitive treatment, and procedural delays. Additionally, sociocultural barriers —including fear of retaliation, economic dependence, normalization of violence, and social stigma—continue to discourage women from reporting or pursuing legal action. Weak inter-institutional coordination further undermines the effectiveness of the justice system in Santa Rosa, resulting in duplicated efforts, fragmented information, and insufficient follow-up in high-risk cases. Based on these findings, the study proposes several recommendations, including strengthening the local application of national legislation through unified protocols, improving training in gendersensitive and trauma-informed approaches, expanding institutional resources, preventing revictimization, promoting community awareness, enhancing inter-agency coordination, and establishing accessible reporting mechanisms and monitoring systems. The research concludes that ensuring effective access to justice for women victims of physical violence in Santa Rosa requires a comprehensive and integrated approach that addresses legal, institutional, and cultural dimensions. Such efforts are essential to reducing impunity, guaranteeing protection, and advancing the right of women to live free from violence.
  • Miniatura
    Item type:Ítem,
    Régimen de rehabilitación semiabierto en el delito de obstrucción a la justicia y la tutela judicial efectiva
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09)
    Manobanda Mazabanda, Elida Gabriela
    ;
    Acosta Morales, María Gabriela
    The prison system in Ecuador has evolved throughout history. The first prison was the García Moreno Prison in 1869, in which people who committed some types of crime were locked up and were only allowed to read the Bible. Nowadays, there are several prisons, including those in Guayaquil, Quito, Cuenca, Latacunga and Ambato. The penitentiary system is in charge, through the state, of executing the punishment of a person who has committed a crime with the aim of rehabilitating him and then being able to be reintegrated into society through activities required and stipulated in the Reglamento de Rehabilitación Social. For this reason, the problem arises from the reform that was carried out on August 17, 2021, in relation to the matter of anti-corruption in the Reform Law to the Comprehensive Organic Criminal Code, in which access to the semi-open regime is prohibited for the crime of obstruction of justice that has a criminal typology within the group of illegal acts that are violating effective judicial protection. Subsequently, this reform entered into force in Article 698 of the Comprehensive Organic Criminal Code, which makes it impossible to propose the semi-open social rehabilitation regime to persons deprived of their liberty who have committed the crime of obstruction of justice. What is stipulated above is contrary to what is established in the República del Ecuador, according to what is embodied in article 425 of the norm, which establishes that all infra-constitutional regulations must be in accordance with it; and, article 698 of the Comprehensive Organic Criminal Code does not allow access to justice to persons deprived of liberty who intend to file the semi-open rehabilitation regime, which is violating the right to effective judicial protection since there is an express norm that denies that claim and that does not allow the protection of constitutional rights through an adequate and technical defense.