Jurisprudencia y Ciencias Sociales

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

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2024 - 20262

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Fecha de inicio: 2024Tema: search.filters.subject.REINSERCIÓN

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Mostrando 1 - 2 de 2
  • Miniatura
    Item type:Ítem,
    La cadena perpetua y las nuevas formas de criminalidad
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-10)
    Fuentes Pruna, Genesis Fernanda
    ;
    Tite, Segundo Ramiro
    This study analyzes the possible implementation of life imprisonment within the Ecuadorian criminal justice system in response to the increase in violence, crime, and new modern forms of criminality related to organized crime, drug trafficking, contract killings, extortion, and other highly dangerous offenses. The main purpose of this research is to examine the legal implications that this criminal sanction would have, identify the possible constitutional and legal limitations for its application within the Ecuadorian criminal system, and evaluate the mechanisms currently used to confront the growing and persistent wave of criminality in the country. Through a qualitative approach, supported by doctrinal and legal analysis, as well as interviews conducted with judges, prosecutors, and practicing attorneys, it was possible to obtain specialized and personalized results regarding the efficiency and effectiveness of the different criminal sanctions that currently exist in the country, along with the urgent need to strengthen and toughen the criminal justice system in the face of the imminent growth of violence. Likewise, the study revealed the weakness and lack of control within both the penitentiary and criminal justice systems. Consequently, the research concludes that the problem of organized crime in Ecuador requires the implementation of severe and drastic measures, including harsher penalties according to the seriousness of each offense in a fair and proportional manner. However, it also requires internal and external reforms within the criminal and penitentiary systems, such as effective control over persons deprived of liberty and the fight against corruption within all public institutions. Furthermore, it is necessary to implement maximum-security prison segmentation for high-severity crimes, while ensuring that correctional centers for lesser offenses truly fulfill a rehabilitative purpose.
  • Miniatura
    Item type:Ítem,
    La suspensión condicional de la pena y la igualdad formal
    (Universidad técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-11)
    Santamaría Navas, José Daniel
    ;
    Rodriguez, Cristian
    The research focuses on evaluating whether the conditional suspension of sentences, regulated by Article 630 of the Comprehensive Organic Criminal Code (COIP) of Ecuador, violates the principle of formal equality by limiting its application to crimes punished with sentences not exceeding five years of imprisonment. It questions whether this restriction imposes unequal and unjustified treatment on defendants without considering the particularities of each case. The research employs a qualitative and documentary approach, reviewing and analyzing relevant laws, jurisprudence, and legal literature. A jurisprudential matrix is created to collect and systematize rulings from the Constitutional Court of Ecuador and other relevant courts. Additionally, a bibliographic review is conducted to contextualize and deepen the theoretical and normative concepts related to the conditional suspension of sentences and the principle of formal equality. The analysis of rulings reveals that the fiveyear limit imposed by Article 630 of the COIP can result in unequal treatment for defendants. Judicial decisions emphasize the importance of evaluating each case based on its specific circumstances, respecting the principles of proportionality and necessity. The analyzed rulings underline the need for an equitable interpretation and application of criminal norms to ensure respect for the principle of formal equality. The research concludes that the conditional suspension of sentences, as currently regulated, may violate the principle of formal equality by not considering the particularities of each case