Jurisprudencia y Ciencias Sociales

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

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2021 - 20264

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Fecha de inicio: 2021Tema: search.filters.subject.DELITOS SEXUALES

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Mostrando 1 - 4 de 4
  • 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,
    La prescripción de la acción penal en los delitos sexuales cometidos entre adolescentes infractores: Análisis sentencia N°15-19/ CN
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-01-27)
    Fabara Chacón, Iván Joao
    ;
    Acosta Morales, María Gabriela
    The present research, titled “The Statute of Limitations in Criminal Actions for Sexual Offenses Committed by Juvenile Offenders: Analysis of Ruling No. 15-19-CN and Related Cases”, is based on the urgent need to clarify the normative contradiction between the constitutional principle of the non-applicability of statutory limitations to sexual crimes committed against children and adolescents—as recognized in Article 46, paragraph 4 of the Constitution of the Republic of Ecuador—and the provisions of Article 334A of the Code of Childhood and Adolescence, which establishes a general statute of limitations of five years for crimes committed by adolescents, without distinguishing the severity of the offense. This legal dissonance not only creates a clear risk of impunity but also leads to inconsistent judicial interpretations. In this context, the study aims to carry out a critical legal analysis of this normative tension with the purpose of identifying interpretative alternatives that ensure the coherence of the legal system and the effective protection of victims’ rights. To this end, the central focus of the analysis will be Ruling No. 15-19-CN and Related Cases-22 issued by the Constitutional Court of Ecuador, as it constitutes a key precedent in the field of children's and adolescents’ rights. Nevertheless, the Court's ruling revealed divided interpretations regarding the non-applicability of statutory limitations in sexual offenses committed by juvenile offenders, which resulted in a decision with limited scope and generated uncertainty in the practical application of the law. This situation highlights the need for a deeper analysis to help consolidate a coherent and rights-based legal framework
  • Miniatura
    Item type:Ítem,
    Política criminal del estado ecuatoriano y su incidencia en los delitos contra la libertad sexual
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2021-06)
    Velástegui Mariño, Sara Mercedes
    ;
    Pazmiño Vargas, Kléver Alonso
    This research work seeks to know how the criminal policy applied in the Ecuadorian State has influenced the commission of crimes against sexual freedom. It seeks a detailed analysis of how the entities in charge of the implementation of criminal policies develop their constitutional functions in addition to the duty of society in the generation of environments that reduce crime. The work has managed to determine that the criminal policy in Ecuador is not adequate to face crimes against sexual freedom. The methodology used in this research is qualitative and deductive in view of the fact that the data and reasoning obtained come from bibliographic, dogmatic, philosophical and jurisprudential sources, with which it has not been required to quantify variables. As for the deductive type, it has been necessary to be able to carry out deep reasoning that starts from general concepts. In addition to interviews with professionals specialized in criminal law and criminology, which is why the work is innovative in the field of criminal law and contributes significantly to academics. As a conclusion, it can be determined that the lack of knowledge regarding criminal law and criminology on the part of the authorities in charge of the generation of criminal policies has generated that the problem of crimes against sexual freedom does not diminish. On the other hand, it is possible to determine the importance of the family environment for the treatment of possible criminal behaviors and prevent the punitive power of the State from falling on the aggressor by seeking social rehabilitation alternatives.
  • Miniatura
    Item type:Ítem,
    La revictimización y la tutela judicial efectiva en los casos de violencia sexual en Adolescentes en la ciudad de Latacunga
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-04)
    Cárdenas Merizalde, Kleber Iván
    ;
    Segovia Dueñas, José Luis
    This research work, is of great importance and interest because from the new Constitution of the Republic of Ecuador issued on 2008, a fundamental right is granted towards victims of sexual violence, which is intended as non-revictimization in sexual crimes, in order from them to attend once in criminal proceedings and not suffer abuse and psychological impact, this in daily practice is not fully met since on several occasions and instances it has been evidenced the application of improper procedures by those who materialize and are in charge of the judicial system. Victims of sexual violence already suffer substantial impairment of their fundamental rights, as a consequence of actions or omissions that violate current criminal legislation and the supreme rule of the state. In this sense; and, when there are empty spaces in the regulations, development of special rules is essential and proper procedures for effective care to victims of sexual crimes; one of the main causes why in the country victims of sexual abuse proceed to abandon the trials initiated against their aggressors, it is precisely obstacles that presents the criminal process especially in obtaining the proof, in these specific cases, such is the fact they are practically forced to remember and relate again how the crime occurred as is being investigated. In the canton Latacunga there are cases in which the victims are revictimized; and, as a result their rights have been violated, because there is no effective structure in which it is detailed how the process should be structured on this specific issue, thus giving as a result in the victims a high degree of fear even mental disorders that in serious cases has reached suicide. The research topic is of great interest, and will provide a solution to the problem posed, since it will be verified that incorporation is really necessary of a legal scheme that guarantees in a practical and effective way non-revictimization. The draft it is feasible to do, it will have all the support and criteria of Judges of Criminal Guarantees, Prosecutors and free practice lawyers