Jurisprudencia y Ciencias Sociales

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

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2020 - 20263

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

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Mostrando 1 - 3 de 3
  • Miniatura
    Item type:Ítem,
    La sentencia dictada por falta o incorrecta contestación a la demanda en procesos ejecutivos de letra de cambio y el derecho al debido proceso
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-09)
    Onofre Martinez, Donovan Samuel
    ;
    Jordan Buenaño, Jeanette Elizabeth
    The Executive Procedure is a type of special procedure that is based on the expeditious collection of an obligation contained in any of the instruments classified as enforceable, such as the case of the bill of Exchange. However, in the Ecuadorian legal system, the overprotection of the plaintiff has transformed this procedure into an excessively privileged means of collection that undermines the fundamental rights of the defendant. There are many ways in which this aspect is externalized, however, its maximum expression is the judgment that is issued when the defendant does not answer the claim or when he does so incorrectly, because it produces two notably harmful legal effects. The first, that the judgment is issued without the need to convene a hearing and the most harmful, that the judgment takes on the character of res judicata immediately it is pronounced, which means that the defendant cannot file any appeal. By virtue of the above, this paper focused on analyzing whether the judgment issued for the lack or incorrect response to the claim in executive proceedings for the collection of bills of exchange violates the right to due process. For this purpose, the research was developed under a theoretical-documentary scheme, with the aim of studying in detail the concepts, foundations and criteria of legal institutions, thus allowing to solve with sufficient legal rigor the problems and questions of the work. Likewise, the research was carried out under a qualitative approach that arrived at three levels: exploratory, descriptive and explanatory. Meanwhile, the research methods used were: systematic, analysis-synthesis, comparative law and constitutional interpretation. On the other hand, techniques such as content analysis and documentary analysis were used to achieve clear and useful results that gave a concrete answer to the research problem. Among the main findings, it was found that the judgment under study violates the right to due process in the guarantee of defense, specifically in the guarantees of being heard under equal conditions and appealing. Finally, it was concluded that it is necessary to amend Article 352 of the COGEP, which is where this judgment is regulated, in order to safeguard the fundamental rights of the defendant and to adapt its regulation to Latin American international standards.
  • Miniatura
    Item type:Ítem,
    Relaciones familiares en personas privadas de libertad sentenciadas por delitos en contra de la familia
    (Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Trabajo Social, 2022-03)
    Jurado Realpe, Maite Soledad
    ;
    Campoverde Quijano, Edga Maribel
    Part of the problems that human facing up related to the family context, the parenting style with which we are educated and the environment in which we grow up are the essence in the development of all life itself. Therefore, these factors will depend on the quality of family relationships and their ability to overcome crises during the family life cycle. In the context of those deprived of liberty, these relationships may or may not be affected by distance and in this case by committing the crime towards the family. The present investigative study was carried out with the purpose of knowing the family relationships of the people deprived of liberty who committed a crime against the family, for which a qualitative-quantitative approach was used, for the focus qualitative, work was focus based on semi-structured interviews, while for the focus quantitative the FF-SIL test was used, which allows knowing family functionality, and the Family Apgar, to size the level of satisfaction. The total population of the study was 30 PPL from the Tungurahua N1 Deprivation Center. Based on the data, it was obtained that the family relationships of persons deprived of liberty, sentenced for crimes against the family, have not been affected for the most part, since they have already suffered a breakdown at some point in the life cycle. family.
  • Miniatura
    Item type:Ítem,
    La reparación del procesado en los casos de ratificación del estado de inocencia
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho penal, 2020-08)
    Vallejo Sánchez, Ana Lisbeth
    ;
    Pazmiño Vargas, Klever Alonzo
    The purpose of this investigation is to analyze the reparation of the accused in cases of ratification of the state of innocence of a person who has been deprived of liberty for several days or months. The methodology used was the qualitative one based on documentary research on the problem raised, as well as the carrying out of case studies where people have been detained and deprived of their liberty for an indeterminate time, and that in the respective process has not been found elements of conviction to consider him as accused, declaring the dismissal in the case. It is proposed as a conclusion that there is no procedure where people can request comprehensive reparation against the State, to compensate for the damage caused by having been deprived of liberty to a person for being innocent. The legal norm repeats that if a conviction is reformed or revoked, through the appeal for review, the State must repair the person who suffered punishment as a result of said sentence and that once the responsibility of servants or servants for such acts has been declared, he will have to repeat against them in the manner indicated in the Organic Code of the Judicial Function. Although the third paragraph of article 15 of the Organic Code of the Judicial Function refers to the appeal for review as the ideal way for a conviction to be revoked or reformed and the obligation of the State to repair the person who suffered punishment as a result can be generated of such a sentence.