Jurisprudencia y Ciencias Sociales

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

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2020 - 20262

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

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  • Miniatura
    Item type:Ítem,
    La valoración de la prueba testimonial de la victima y el principio in dubio pro reo en el delito de violación
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-09)
    Guilcazo Hurtado, Mayra Alejandra
    ;
    Ramiro Tite, Segundo
    The present research focuses on the analysis of the evaluation of the victim's testimonial evidence and the principle in dubio pro reo in the crime of rape. The issue is of special importance and topicality since being faced with a sexual crime that, due to its nature of being committed clandestinely without the presence of witnesses, there is a problem in placing the victim's testimony as a central element of the charge to enervate the presumption of innocence of the accused. The methodology used presents a type of documentary bibliographic research for the analysis of regulations, doctrine, jurisprudence and studies previously carried out, as well as field research for the collection of direct information from judicial practice; a qualitative approach was used by applying an inductive method when using the interview guide to obtain information that was aimed at judges, prosecutors and lawyers in free practice specialized in criminal matters. The work was developed under a line of research corresponding to Criminal Law and Criminal Procedure with a scientific novelty based on the "theory of cautions", structured by evaluation criteria to which the victim's sole testimony must be subjected. In this sense, it is established that such testimony must fully comply with the three criteria of credibility – absence of subjective incredibility, plausibility in the statement and persistence in the incrimination – in order to enervate the presumption of innocence, otherwise it is the obligation of the judge to apply the principle In dubio pro reo
  • Miniatura
    Item type:Ítem,
    El acto probatorio del despido intempestiv, en al terminación unilateral por parte de los empleadores
    (Universida Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2020-02)
    Masache Masache, Mary Andrea
    ;
    Acosta Morales, Gabriela
    The investigative work was carried out in the Judicial Unit of work in the city of Ambato, with the theme “THE PROBATORY ACT OF INTEMPESTIVE DISMISSAL, IN THE UNILATERAL TERMINATION BY EMPLOYERS” today we have seen that there are many workers who suffer a Untimely dismissal by employers, causing the worker to remain unemployed and often without compensation for lack of evidence before the competent Authority. The research project analyzed the feasible evidence to demonstrate the Untimely Dismissal, since the worker dismissed unexpectedly by following the only action that the law protects him, this is an oral labor claim, he must externalize the elements of the act before the authority, and in the case of a demand for untimely dismissal, for legal logic, all the necessary evidence must be available to prove the fact of the untimely dismissal, which is why my job proposal would be to determine the reliable evidence to demonstrate the dismissal untimely, in order that the worker can obtain compensation, and thus fight with job insecurity and unemployment. In this way many employers will have to analyze before terminating the unilateral employment relationship of a worker whose compensation they will have to pay, that is, cover the lost earnings and the emerging damage and will do so when it is extremely necessary. Therefore, the work will be framed to a qualitative approach because it is carried out through bibliographic review to support the research and design of the information instruments and the quantitative approach, because the instruments generate data that will allow us to approach the reality of the problem.