Jurisprudencia y Ciencias Sociales

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

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  • Item type:Ítem,
    La criminalidad juvenil y el papel de la legislación penal en su prevención en el Ecuador
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-01-27)
    Arteaga Velásquez, Camila Anahí
    ;
    Tite, Segundo Ramiro
    his research examines the influence of juvenile delinquency on criminal law and its prevention in Ecuador, a topic that has become controversial due to the progressive increase in adolescent criminal behavior and the limited control it offers. Furthermore, juvenile criminal law was analyzed in terms of prevention, evaluating the socio-educational measures applied within the framework of the Organic Code for Children and Adolescents. The methodology implemented in this study emphasizes a qualitative approach, with descriptive and explanatory levels that allow for the identification of the causes and effects of the research problem. Interviews were conducted using a semi-structured, open-ended question guide with practicing judges, prosecutors, and lawyers, yielding results directly related to the research objectives. The results obtained from the professional opinions of the interviewees demonstrate the limitations of the Ecuadorian legal framework regarding the provision, implementation, and application of measures aimed at the rehabilitation and reintegration of adolescents. Social, educational, familial, and economic factors are the main drivers of juvenile delinquency in the country. Therefore, the State must prioritize addressing these causes. Simultaneously, it is crucial to implement public policies that facilitate the rehabilitation and effective social reintegration of juvenile offenders, thus providing them with new opportunities for their full development within a legal framework that protects their rights.
  • Item type:Ítem,
    Las personas privadas de libertad y su reinserción en la sociedad”
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-01-22)
    Araujo Gañay, Jaime Andrés
    ;
    Saca Balladares, Melinton Fernando
    The present research work entitled “Las personas privadas de libertad y su reinserción en la sociedad” focuses on identifying and analyzing the problems, causes, and deficiencies that arise from the moment an individual enters a correctional facility, persisting even after the sentence has been served. This situation results from various legal gaps and the inadequate application of existing regulations, which hinder an effective rehabilitation process and consequently lead to recidivism, thus increasing insecurity in Ecuador. Therefore, it is essential that the State adopt appropriate measures and implement an urgent reform of the legal framework applicable to persons deprived of liberty (PDL), through the enforcement of principal laws such as La Constitución de la República del Ecuador, El Código Orgánico Integral Penal (COIP), and El Reglamento del Sistema Nacional de Rehabilitación Social. These regulations guarantee the rights to education, employment, health, integrity, and above all, establish a disciplinary regime and standards for adequate rehabilitation to facilitate social reintegration. This is achievable provided that key psychological needs are addressed, including healthy interpersonal relationships, self-esteem development, and the establishment of clear goals and a meaningful life purpose for PDL. This topicis of great relevance as it addresses a growing social issue and promotes the development of regulations and policies aimed at mitigating the increasing crime rate and overcrowding in correctional facilities.
  • Item type:Ítem,
    Acompañamiento Familiar en personas con adicciones a sustancias psicoactivas.
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Trabajo Social, 2025-07-30)
    Vaca Barrionuevo, Eslendy Dayana
    ;
    Balseca Basantes, Jeanneth Elizabeth
    In the midst of an issue as complex as psychoactive substance use, the family often becomes the only possible refuge. Despite the strain, uncertainty, and pain that this reality generates, it is also at home where the first signs of recovery can emerge. Under this premise, the present research aimed to analyze family support for people with addictions at the “Un Nuevo Amanecer” Foundation, located in the canton of Quero, province of Tungurahua. The methodology was based on a qualitative approach, with the entire population, 25 families of users in treatment, and three professionals from the institution. Two semi-structured interviews, validated by expert judgment, were administered, one aimed at families with ten questions and the other at professionals with five questions, to gather experiences, perceptions, and strategies. The findings reveal that family support directly influences the recovery process, but also identified difficulties such as the emotional overload of caregivers, misinformation about addiction, social isolation, and the feminization of care. Despite this, significant efforts by family members to maintain hope were identified, and families demonstrated commitment and willingness to provide support. It is concluded that family support is essential but needs to be strengthened through emotional support, education for families, and joint work. This research offers relevant contributions to improve intervention in this context, placing the family as a key actor in the therapeutic process.
  • Item type:Ítem,
    La responsabilidad de los adolescentes infractores y su relación con el incremento de la delincuencia juvenil e inseguridad en el Ecuador
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08)
    Reyes Salazar, Tania Pamela
    ;
    Acosta Morales, María Gabriela
    This research paper focuses on the analysis of the responsibility of adolescent offenders and their relationship with the increase in juvenile delinquency and insecurity in Ecuador. The Ecuadorian juvenile justice system is based on the principle of specialty and non-imputability established in the Convention on the Rights of the Child, which aims at the protection and integral development of minors in conflict with the criminal law. To this end, it has been established that everything concerning adolescent offenders will be regulated by the Code of Childhood and Adolescence, specialized regulations for this matter, which has an approach based on the rehabilitation and social reintegration of adolescents. However, despite the above, the rates of juvenile delinquency in the country have increased significantly, due to the lack of prevention and guidance programs that address criminal behavior, as well as the ineffectiveness of rehabilitation programs and socio-educational measures that have led adolescents to reoffend in the commission of more serious crimes. In this context, this research was carried out using a qualitative methodology, of a bibliographic documentary type, and interviews were also conducted in order to obtain relevant information that contributes to the analysis of the research problem and to the fulfillment of the objectives to be investigated. Therefore, this research work is of great relevance since it analyzes important aspects of the responsibility of adolescent offenders, juvenile delinquency and their judgment
  • 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.