Jurisprudencia y Ciencias Sociales

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

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Comunicación masivay libertad de expresión: Teleamazonas vs Ley Orgánica de Comunicación
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Comunicación, 2026-01-19)
Gamboa Gavilanes, Jair Alexander
;
Tamayo Maldonado, Alex Rodrigo
This research analyzes the challenges ofmass communication and freedom of expression faced by Teleamazonas during the enforcement of Ecuador's Organic Law of Communication (LOC). The study examines sanctioning resolutions issued by the Superintendence of Information and Communication (SUPERCOM) to understand how the regulatory framework influenced the channel's editorial practices. The specific objectives focused on evaluating Teleamazonas” compliance with the LOC, identifying cases of censorship and self-censorship derived from its application, and analyzing the regulator's performance within the legal framework. The methodology used was documentary analysis, centered on four resolutions related to humorous, news, and entertainment content broadcast by the channel. The results reveal persistent tensions between the social responsibility mandated by the LOC and the full exercise of freedom of expression. Although Teleamazonas argued that its content served informative or humorous purposes, SUPERCOM applied strict criteria that resulted in multiple sanctions. These dynamic created conditions encouraged self-censorship within the media outlet due to the fear of additional penalties. The study concludes that the LOC created an ambiguous and highly punitive regulatory environment that affected the legal certainty of media organizations and limited their editorial autonomy. Teleamazonas, as an emblematic case, highlights the need for a balanced relationship between regulation, social responsibility, and freedom of expression to ensure a democratic, plural, and transparent communication system.
Estudio jurisprudencial de la acción de protección en las sentencias de la Corte Constitucional y el derecho al acceso a la justicia
(2025-08-04)
Morales Rodriguez, Jhony Alexander
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Espín, María Cristina
This research work, titled "Jurisprudential Study of the Action for Protection in the Rulings of the Constitutional Court and the Right to Access to Justice," was developed using a qualitative approach. The study employed various methods, including the inductive, historical-legal, casuistic, hermeneutic, and bibliographic-documentary methods, as well as the analytical-synthetic level. The applied techniques comprised the analysis of constitutional rulings and interviews with legal professionals, using tools such as an analysis matrix and an interview guide. The general objective was to examine the influence of constitutional jurisprudence on the action for protection with respect to the right of access to justice. The specific objectives included: exploring Ecuadorian legislation concerning both legal institutions; analyzing their jurisprudential development; and establishing their practical and doctrinal interrelation. The theoretical framework addressed the historical and normative evolution of the action for protection as a jurisdictional guarantee in Ecuador. Likewise, the right of access to justice was analyzed as a fundamental right enshrined in the Constitution. The results obtained demonstrate that the action for protection has been extensively developed by the Constitutional Court through its jurisprudence, serving as an effective mechanism for the protection of constitutional rights that have been violated, thus ensuring access to justice. The analyzed rulings revealed a progressive use of the action for protection of rights, establishing regulations and addressing topics such as the principle of subsidiarity, the non-distortion of the action’s nature, and its flexible application in cases where ordinary remedies prove ineffective. In conclusion, the study shows that the action for protection is an essential tool within the Ecuadorian constitutional system, wherein constitutional jurisprudence has significantly contributed to the realization of the right to access to justice, positioning the Constitutional Court as an active guarantor in the defense of constitutional rights.
Perspectivas y desafíos de la ley que regula la eutanasia activa en el Ecuador: Análisis de la Sentencia No. 67-23-IN
(Universidad Técnica de Ambato, Facultad de Juriprudencia y Ciencias Sociales, Carrera de Derecho, 2025-08-02)
Cepeda Garcés, Karen Nicole
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Saca Balladares, Melinton Fernando
This research aims to critically analyze the perspectives and challenges involved in the regulation of active euthanasia in Ecuador, following the issuance of Constitutional Court Ruling No. 67-23-IN/24. This landmark decision recognizes, for the first time, access to a dignified death as an expression of the rights to autonomy, dignity, and free personal development, representing a significant shift in the country’s legal and bioethical framework. The motivation behind this study lies in the need to establish a legal framework that balances the protection of fundamental rights with the prevailing social values of the country. The research was conducted at an exploratory, descriptive, explanatory, and correlational level, using a qualitative approach based on semi-structured interviews with experts in constitutional law, medicine, bioethics, and a religious representative. This methodology allowed for the comparison of viewpoints from multiple disciplines. The analysis revealed the urgent need for an organic law that clearly defines key concepts and procedures, while ensuring legal safeguards for both professionals and patients involved. Additionally, several challenges were identified, including the lack of infrastructure for palliative care, the shortage of trained personnel, limited bioethical education, and the absence of citizen and professional participation in the drafting of regulations. In conclusion, the regulation of active euthanasia must be accompanied by political will, economic sustainability, and an inclusive public debate to build a comprehensive and rights-based legal framework. This thesis seeks to contribute to the legal and ethical dialogue on dignified death in Ecuador, proposing mechanisms that uphold both individual rights and principles of justice and equity.
La Desaparición Forzada en el Ecuador: Análisis comparativo con la legislación Argentina
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09)
Pascumal Luna, Josué Jeremías
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Espín Meléndez, María Cristina
This research undertakes a comprehensive investigation of the crime of forced disappearance, focusing on the legal contexts of Argentina and Ecuador. It evaluates the understanding of this crime among legal professionals, revealing a common view of forced disappearance as an act of crimes against humanity that warrants exceptional international attention and protection. The study scrutinizes the influence of the conventional precedent set by the Yrusta v. Argentina case on the interpretation of forced disappearance, with interviewees acknowledging its significance and suggesting that international entities' intervention may improve the handling of such cases. The paper concludes that there is a widely acknowledged need for reform in Ecuadorian law concerning temporary forced disappearance. Such reform would bolster national and international human rights protection standards. The need for detail and precision in such legislative changes is also underscored, without compromising the human rights afforded by both the state and international bodies.
Criptomonedas: Un estudio normativo y legal en el Ecuador
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09)
Flores Fiallos, Jonas Ismael
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Acosta Morales, María Gabriela
This study provides an in-depth examination of the legal vacuum surrounding cryptocurrencies in Ecuador, shedding light on its implications and potential solutions. The research is rooted in a comparative analysis of cryptocurrency regulation in Switzerland, Australia, and El Salvador, with the aim of offering regulatory insights for Ecuador. Through expert interviews, the study highlights the challenges and opportunities related to cryptocurrency regulation in Ecuador. It emphasizes the need for a balanced regulatory approach that promotes innovation, protects consumers, prevents illicit activities, and fosters international cooperation. The research findings underline the necessity of strengthening financial education, implementing regular audits of cryptocurrency exchanges, and fostering international cooperation in the regulatory field. The study concludes with recommendations for developing a comprehensive, adaptable, and effective cryptocurrency regulatory framework in Ecuador. These findings contribute to the ongoing discourse on cryptocurrency regulation and offer practical insights for policymakers, regulators, and researchers in the field.
El impuesto a la salida de divisas y su incidencia en el Derecho constitucional al buen vivir
(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-05)
Freire Minaya, César Augusto
;
Vásconez Fuentes, José Luis
This research focuses on relating the Foreign Currency Outflow Tax (ISD) with the fulfillment of the constitutional rights to Good Living. In the first place, the ISD is conceptualized as a regulatory tax as a measure to promote social justice. The ISD came into force in 2008 with 0.5% to 5% that currently taxes financial transactions and foreign imports with the objectivity of counteracting the indiscriminate outflow of capital and stimulating national productivity by creating conditions fair market prices in reference to the competitiveness of national prices, especially those of manufacturing and industry in relation to international markets. The right to Good Living is conceptualized as the worldview about the holistic rights of the human being such as education, health, work, social security, science and technology with environmental sustainable development. As an instrument of compliance with public policies, the Popular and Solidarity Economy is instituted as a constitutional precept of solidarity in the national financial system. Specifically, the ISD, by regulating the outflow of capital, generates liquidity which affects the Popular and Solidarity Financial Sector, by increasing the productive credit lines in the cooperative, associative and community sectors. In addition, it was evidenced that the ISD represents the third highest tax due to tax collection, which produces the financing of the General State Budget in relation to public policies. Finally, the ISD is constituted as a measure of financial stability, this produce stimulus to the social and solidarity economy such as the competitiveness of national production, liquidity, productive credit and regulation of market competitiveness.

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