Jurisprudencia y Ciencias Sociales

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

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Fashion law y la protección de la propiedad intelectual en la Industria de la moda en Ecuador
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-09)
Portero Veloz, Matheus Steve
;
Poaquiza Poaquiza, Angel Patricio
This research examined the protection of intellectual property in the Ecuador’s fashion industry from a Fashion Law perspective, with the aim of determining whether the current legal framework affectively addresses the needs of this sector. The study was based on the premise that fashion extends beyond aesthetic and commercial considerations, as it also involves creativity, branding, competition, and intangible value. Toa achieve this objective, a qualitative research approach was adopted, supported aby bibliographic, documentary, legal-dogmatic, and comparative methods. The analysis was grounded in the review of the Constitution of the Republic of Ecuador, Andean legislation, the Organic Code of the Social Economy of knowledge, Creativity and Innovation (COESCCI), documents issued by SENADI, and selected legal references from the European Union, the United Kingdom, and the United States. In addition, relevant cases concerning intellectual property protection in the fashion industry were examined, together with the legal mechanisms applicable to imitation, copying, and counterfeiting practices, in order to identify the criteria applied in practice and the limitations of the existing protection system. The analysis revealed that a legal basis for protecting fashion does exist in Ecuador, although this protection appears fragmented, poorly coordinated, and still lacking a coherent Fashion Law framework. It was also observed that trademarks function as the strongest protective tool, safeguarding commercial identity and differentiation within the market, while industrial design focuses more on the product's appearance, although in practice it faces several limitations, and copyright maintains a more restricted and complementary scope. In this context, the research concluded that the Ecuadorian system does protect fashion, but only partially, thus requiring greater coordination, a more consistent institutional response, and more timely mechanisms to address the sector's actual dynamics.
Los comentarios difamatorios en Facebook y el Derecho al honor
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-08-04)
Mullo Salazar, Frederman Ricardo
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Romo Santana, José Luis
This thesis addresses the issue of defamatory comments on Facebook and their impact on the right to honor in Ecuador. The proliferation of social media interactions presents new legal challenges for protecting individual reputation in cyberspace. The main objective was to analyze the legal protection of the right to honor against defamation on Facebook in Ecuador. A gap was identified between existing regulations and the rapid evolution of cybercrimes, specifically digital defamation. The methodology employed was qualitative, based on case studies and legal analysis. Interviews were conducted with judges and systems engineers, which allowed for the collection of relevant information on the application of laws and the technical complexities of identification and sanction, leading to a comprehensive understanding of the phenomenon. The results reveal that, although the Ecuadorian legal framework protects the right to honor, its application in the digital environment is limited due to the cross-border nature and immediacy of social media. The interviews confirmed the need to update and specialize laws, as well as to train legal operators. In conclusion, it is essential to implement agile and specialized judicial processes for cases of defamation on social media. It is proposed to strengthen digital law training for judges and prosecutors, and to explore alternative dispute resolution methods such as mediation. This seeks to ensure effective protection of the right to honor against the challenges of the digital ecosystem.
Protección jurídica de los derechos laborales de los trabajadores de plataforma en la era digital en Ecuador
(Universidad Técnica de Ambato, Facultad de Juriprudencia y Ciencias Sociales, Carrera de Derecho, 2025-08-02)
Chimbolema Vega, Lisbeth Estefanía
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Masabanda Analuiza, Galo Iván
The era of globalization and the rise of new technologies represent a milestone in the global economy, generating one of the most significant changes in the traditional world of work by enabling production and service provision via the internet. One clear example of this evolution is the rise of platform capitalism, also known as the platform economy. This phenomenon has become increasingly prominent around the world over the last ten years. Along with it has come one of the greatest disruptions to the world of work. Although it offers new income-generating opportunities and plays a role in social containment in the face of unemployment, it also brings precariousness and volatility. This creates regulatory challenges and calls into question the scope of labor protection regulations designed for the traditional economy. In this context, examining the legal protection of platform workers in the digital age within the Ecuadorian legal system is essential. This topic falls within the line of research known as public policy, law, and society. This study employs a descriptive methodology with a quantitative approach, incorporating bibliographic discussion, normative exegesis, jurisprudential analysis, and an empirical approach through surveys administered to geolocated platform workers. The results reveal weak legal coverage surrounding this new form of work, generating legal uncertainty and vulnerability in the exercise of fundamental rights. Thus, there is a need for regulatory reforms that recognize and regulate this emerging reality in Ecuador.
La Violencia de Género en Zonas Urbanas y Rurales del Cantón Latacunga
(Universidad Técnica de Ambato, Facultad de Juriprudencia y Ciencias Sociales, Carrera de Derecho, 2025-08-02)
Chiluisa Chuquitarco, Evelyn Paola
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Tite, Segundo Ramiro
This thesis entitled “Gender Violence in Urban and Rural Areas of Latacunga Canton” analyzes the regulations of the Ecuadorian legal system and the actions of government agencies for the protection and eradication of gender violence. In recent years, the number of women who have been victims of some type of violence throughout their lives in a country that has established actions to eradicate gender violence is alarming. This is shown by the latest to the national survey on Family Relations and Gender Violence against Women (ENVIGMU) and Femicides 2019. This reality has led in recent years the various competent authorities at the local and national level to create and implement regulations that seek to prevent, eradicate, punish and comprehensively redress all forms of violence against women seeking to guarantee their rights. The main objective of the research study is to evaluate the actions implemented by the State and the local government in their application to the problem of gender violence against women in the canton of Latacunga. For this purpose, an analysis of the normative body and its functioning is carried out. Through a mixed methodology and with a hypothetical-deductive method. Finally, a field study is included based on the structuring that determined a population and sample that made it possible to identify the ingrained factors that perpetuate this problem that directly affects the lives of thousands of women. The results of the research conclude that, although Ecuador has a robust legal framework for the eradication of gender violence, its implementation is uneven due to structural and institutional factors in each area, the weakness in the dissemination of rights and the scarce coverage of specialized services in rural areas. This shows the need to strengthen and implement prevention and care measures according to the social and cultural particularities of the geographical sector.
La protección jurídica de los derechos de los animales en el Sistema Penal Ecuatoriano
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-27)
Vega Botina, Robinson Bryan
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Tite, Segundo Ramiro
This thesis, titled "The Legal Protection of Animal Rights in the Ecuadorian Criminal System," examines the Ecuadorian legal framework regarding animal rights protection, with a focus on the criminal justice system. In recent years, animal abuse has become a growing public concern, leading to the creation of laws aimed at ensuring animal welfare and penalizing abusive behavior. However, the enforcement of these laws still faces significant challenges. The main objective of this research is to assess the effectiveness of current laws in protecting animal rights and their enforcement within the criminal sphere. The study analyzes the Comprehensive Organic Criminal Code (COIP) and the Organic Environmental Code, focusing on provisions related to animal abuse and cruelty crimes. It also examines judicial procedures in specific animal abuse cases, the penalties imposed, and the role of institutions responsible for enforcing these regulations. The thesis includes a comparative analysis with the laws of other countries, highlighting areas where the Ecuadorian system could improve. Additionally, proposed legislative reforms and their potential impact on the effective protection of animals are discussed. The findings reveal that while Ecuador's legal framework has made progress in recognizing animal rights, enforcement remains limited due to factors such as lack of training for justice operators, insufficient resources, and low public awareness. The study concludes with recommendations to strengthen the criminal system in protecting animal rights, including the creation of a national registry of animal abusers and increased public education campaigns.

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