Jurisprudencia y Ciencias Sociales

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

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El delito de extorsión y la actividad laboral de las cooperativas de transporte interprovincial del cantón Pelileo
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-01-22)
Alvarado Gavilanes, Carlos Alejandro
;
Ramiro Tite, Segundo
The research conducted in this thesis aims to study the incidence of extortion in the work activities of interprovincial transport cooperatives in Pelileo. This is done to analyze its legal, economic, and social effects and, in this way, propose options for its prevention and control. This investigation was carried out using a qualitative methodology through the application of a questionnaire and interviews with key groups directly or indirectly involved in the analysis of the issue. The results obtained paint a worrying picture, showing that this problem has been steadily increasing in recent years and affects the lives of both transport operators and users of the transport service. Given the widespread violence and insecurity in the country, perpetrated mainly by criminal groups, who use extortion as one of their primary means of operation and obtaining the financial resources to fund their criminal activities, this reality has limited interprovincial transport services. Drivers often have to reduce the frequency oftheir service or even stop operating altogether. Other observations include that the most insecure areas are those along routes to various parts of the Ecuadorian coast, and that extortion is widespread among interprovincial transport cooperatives, whose members believe that legal and security mechanisms do not provide sufficient guarantees for their protection and safety to carry out their work normally.
Análisis del régimen semiabierto en delitos contra la eficiencia de la administración pública y la sobrepoblación carcelaria en el Ecuador
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09)
Altamirano Espín, Sebastián Alejandro
;
León Trujillo, Edison Santiago
The purpose of this research is to analyze the impact of the Semi-Open Regime on crimes against the efficiency of the Public Administration and prison overcrowding in Ecuador. This is in relation to the modification established by the Organic Law Reforming the Organic Integral Penal Code, which prevents crimes such as embezzlement, extortion, bribery, and illicit enrichment from accessing the SemiOpen Regime. The study includes an examination of the Semi-Open Regime and its regulation in Ecuadorian criminal law. Additionally, it analyzes the elements that involve the commission of each of the aforementioned crimes, as well as the issue of prison overcrowding in Ecuador. The analysis is supported by statistical data relating to corruption crimes and the current number of incarcerated individuals, along with a comparative analysis of embezzlement and bribery between Spanish and Ecuadorian legislation. The conceptualization was carried out under the modality of bibliographic documentary research, with the help of the social and comparative historical method and the use of the qualitative method through the application of interviews with judges and prosecutors. The results show that crimes against the efficiency of public administration do influence prison overcrowding, thus showing that not allowing access to this penitentiary benefit for these types of crimes generates a problem for the prison system in Ecuador.
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.
La Violencia en los Estadios de fútbol y la Ley de Prevención y Sanción de Violencia en el Deporte
(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2020-07)
Gallo Hidalgo, Henry Patricio
;
Tite, Ramiro
The research arises from the reality that is lived within the stages worldwide, which has occurred by bravado bars, violent fans that flood the environment of offensive chants, verbal and physical violence that do not stop violence, we are going to analyze what are the causes, means of violence, sanctions for wrongdoing and ways to prevent and prosecute effective methods to combat violence and restore the one who has committed these acts, taking as a reference point their origins on the European Continent. In Ecuador during the last two decades the Violence in the Football Stadiums has swebed the lives of more than 10 fans in Ecuador and multiple people injured, therefore an inquiry is sought to be able to expose possible solutions to this problem through law, studying that it is the crime, which are injuries and through the theories of crime and the penalty recommend the imposition of sanctions more representative, not only that they end up imprisoning the person, but are penalised economically, also with the prohibition on entry to the stadiums, add effective sanctions that they may provide for the reintegration into society of the person who has committed the illegal in addition to venting the prisons of our country that are so much in need today.
El principio de proporcionalidad de la pena y el delito de sicariato
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2020-02)
Guaman Supe, Marco Patricio
;
Frías Raza, Sergio Edmundo
The present thesis focused on analyzing the relationship that exists between the principle of proportionality of the penalty and the crime of hired killer, for its subsequent advance was based on the qualitative paradigm; what allowed the investigation to develop on several levels such as descriptive, exploratory and documentary research, this served to legally and doctrinally base the need for applicability of the principle of proportionality of the penalty for both the intellectual author and the material author of the crime of sicariate ; also allowed to know the relationship between these two subjects in the consummation of the crime. Likewise, several research modalities were used, such as documentary and field literature; which helped to systematically collate the information collected, both from bibliographic and jurisprudential sources; as through interpersonal communication, executed through interviews with several professionals in the field who verbalized their responses as a source of support; These expressed opinions collaborated in discernments thrown once the investigation was concluded. Finally, it was possible to understand that the principle of proportionality is not based precisely on categorizing punishable conduct in the same way, as is the case with the intellectual author and the material author of the hired crime, but requires the criminal judge to evaluate the relevant circumstances and facts of the inter criminals that allow you to level the penalty according to the actions of each subject.
El poder punitivo del estado y la proporcionalidad de la pena para el delito de peculado
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-12)
Santamaría Altamirano, Diego Paúl
;
Tite, Segundo Ramiro
ABSTRACT The Punitive Power of the State or Ius Puniendi "consists of the sanctioning power it has to impose a penalty on anyone who has infringed a legal norm. This represents an emanation of its sovereignty, and not a mere subjective right to punish". (Gonzalez, 2014). This power that a State has to impose the sanctions that correspond to each one of the crimes, allows it first of all to carry out a thorough study of the law to establish penalties according to the gravity of each crime; it is for this reason that the people in charge of making the laws must be people with sufficient preparation, with the necessary knowledge, to try not to make mistakes. The proportionality of the penalty is nothing other than to hope that both the authorities and those who draft the Constitution and the different laws of a State do so with this in mind, precisely so as not to punish drastic minor crimes with drastic penalties and instead impose low penalties for major crimes. The Argentine writer Eugeni Zaffaroni states about proportionality: "The principle of rationality can be assimilated to the principle of punitive proportionality since it is considered undermined at the moment of imposing penalties that are not in accordance with the unfairness caused by the commission of a crime, which must be inexorably considered in order not to further injure the principle of humanity through the imputation of irrational penalties. (Zaffaroni E., Criminal Law, General Part, 2005, p. 325). In Ecuador, the offence of graft must be punished according to the gravity of the offence, because the damage caused is to the national treasury, which affects all Ecuadorians. As has been seen in recent years, the scandals have been at the level of the countries of South and Central America, seriously affecting their economies because, according to the investigations carried out, the damage caused is several million dollars. The Ecuadorian State has the obligation to arm itself to prevent the crime of graft, or at least that people think twice before doing so, because they will know that the penalties that are going to be imposed are severe, to protect the economy of the State and thus establish proportional penalties for each crime that affects the efficient public administration. The doctrinarians Günther Jakobs and Manuel Cancio Meliá, in their book Criminal Law of the Enemy, maintain that: "...there also exist processes of criminalization "the old way", that is to say, the introduction of new penal norms with the intention of promoting its effective application with any decision, proceedings leading to new criminal rules that are applied, or to the stiffening of penalties to existing rules". (Jakobs & Cancio Melía, 2003)
La valoración del testimonio de los menores abusados sexualmente y la revictimización
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-11)
Azogue Martinez, Walter Hugo
;
Sánchez Villalva, Cecilia Monserratte
The present socio-legal problem of "VALUING THE TESTIMONY OF SEXUALLY ABUSED MINORS AND REVICTIMIZATION" is important and transcendental, is based mainly on the need to assist the administration of justice, so that it is applied without much delay and safeguarding the integrity physical and psychological abuse of sexually abused minors, within the investigation of the process in such a way, the rights will be protected and integrated protection will be provided to the victim. The theoretical and field work of this thesis allowed me to obtain criteria, with clear and precise foundations, of well-known bibliography, which contributed to the verification of objectives, and contrasting the hypotheses raised, allowing to support the proposed changes within my work investigative The content of the thesis is an intellectual effort of the author in the scientific and methodological area, which theoretically and empirically addresses the integral protection to the victim avoiding his Revictimacion, which is injured by the offender when sexually abusing the victim leaving sequels in his emotional development that must be treated immediately and truthfully and effectively, as a first step will proceed to assess the testimony of the child sexually abused. Finally I consider that the anticipated testimony is a means of proof accepted in the Ecuadorian Legislation; However, it is considered that it should be applied more effectively and for certain cases in a mandatory manner, it is one of the ways to prevent victimization of victims, especially in the case of minors who have been sexually abused. this being considered of great importance and necessity that this obligatoriedad be established in the Integral Criminal Organic Code in such a way that it contributes to diminish revictimización.
El delito de sicariato y los adolescentes infractores
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-07)
Espin Silva, Félix Andrés
;
Espín Sandoval, Luis Fernando
The crime of punishment has become a social problem where the life of a person has value, where children and adolescents are used in situations of abandonment and risk, Ecuadorian legislation in the Penal Code condemns punishment, but not Establishes specific sanctions for adolescents who are involved, are not judged as adults when they commit crimes against the inviolability of life, the provinces of Guayas, El Oro, Manabí, Sucumbíos and Esmeraldas are the provinces most affected with the greatest number of cases, Adolescents are used as instruments for criminal activities by gangs and gangs who knowingly recruit and use them who are not judged as adults with their minors status and the absence of regulations that regulate with greater emphasis the punishable acts of This group, is based on the critical paradigm proposition, in the Constitution of Ecuador, the Organic Code Comprehensive Criminal Code and Code of Children and Adolescents. The study was bibliographical, field, descriptive, correlational, a survey was applied to 327 lawyers of free professional practice of the canton Ambato, which yielded the following results: adolescents commit offense of punishment according to the criterion of 41% of respondents to be found In a situation of vulnerability, if cases of juvenile offenders involved in this crime are known, they commit minor criminal acts, highlighting conduct contrary to public order, even vandalism and even robberies in a lesser percentage, they hardly commit serious crimes such as homicide. It is proposed to reformulate article 385 of the Childhood and Adolescence Code to punish juvenile offenders who committed crimes of punishment, where changes were made to the regulations and specified some conditions for the application of the law.
La autopsia psicológica y los delitos contra la vida
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2017-01)
Aponte Sevilla, Karen Gissela
;
Navalpotro Sánchez-Peinad, Jesús
The application of Psychological Autopsy as a means of evidence in crimes against life, is a very important implement in the criminal fieldas through this it can be can determined whether the scene actually corresponds to a crime, the sort of crime it is, or if we are facing a suicide. No counting on the victim’s presence because of dead or perhaps for their disappearance is one of the most complex scenarios for a forensic psychological assessment; however, feasible to carry out psychological assessment techniques by regression. Both globally and in Latin America, the application of psychological autopsy in cases of questionable deaths, has been a very useful technique in forensic psychiatry in the criminal justice field; its relevance and potential application in designing policies to promote health and prevent accidents, homicide or suicide application. However, the application of psychological autopsy as an expertise to help clarify the facts in an uncertain death in Ecuador is relatively recent, and although it can give clear evidence does not constitute strong evidence that actually leads to the administration of justice to consider the relevance that sometimes it deserves. However, it has been practiced in some cases in the country, although it is not literally established in the criminal legislation, its application has been rather in a permissible way. As mentioned above, the present research work considers the application of psychological autopsy as evidence in the investigation of crimes against life, which origin is uncertain. It is of vital importance with which a more comprehensive administration of justice will be achieved, not without mentioning that for those who have been with the pain of losing a loved one, also will have the emotional comfort of knowing that the person responsible for that presumed crime thought to be accidental, has been put before a court of law.
Valoración de la prueba en el delito de usura y la seguridad jurídica
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2017-01)
Jinde Tipán, Tatiana Maribel
;
Sánchez Espin, Jorge Enrique
Graduation work: "EVALUATION OF THE TEST IN THE CRIME OF USURE AND OF LEGAL SAFETY" The Constitution of the Republic of Ecuador prohibits the practice of usury in a forceful manner, protecting the economic rights of Ecuadorians, but despite this, this crime is a social evil that even when generated from ancient times, its legislation In legal bodies, has not responded to the need to eradicate this type; While the victims are still disadvantaged vis-à-vis their offender, in contravention of the guarantees of the Constitution, that in case of violation of rights, these must be guaranteed through the action of the competent authority; and application of rules and laws that constitute the legal system of Ecuador guarantees the application of legal certainty for full citizenship. Bringing a usury case to trial stage turns out to be hard work, which may not be worth it if the court in charge of punishing the crime does not make an assessment of the evidence according to sound criticism, based on their experience as judges , Analyzing them together, giving priority when one test needs another to produce certainty, when the logic frames the existence of the crime, punishing this crime according to the needs of the citizenry would begin to end the practice of this, with This also avoid the commission of other crimes that have the genesis of usury. Within the topic of investigation the valuation of the evidence in the crime of usury and legal certainty, it is considered that the operators of justice in the cases of usury crime, not to carry out a joint assessment of the test, according to The logic in itself to the rules of sound criticism is not guaranteeing and the principle of legal security of the victims, and from there many more of their rights remain in the limbo, causing usury to continue propagating everywhere and having as Victim to anyone who is usually faced with a situation of immediate satisfaction, urgent need or simply ignore the terrible consequences of such loans can generate. Carry out a reform of the Comprehensive Criminal Organic Code regarding the evaluation of the evidence in the cases of usury, where it is established that the judge must make this assessment according to the rules of sound criticism jointly, comes to make a necessity Which is urgent for society as a whole, in order to prevent this crime from being punished and for victims to remain intimidated, re-victimized, resulting in more violations of rights, and to make the crime known before the competent authority in Great step and after a huge effort the Court of Criminal Guarantees for obscurity in the law does not sanction the crime and continue to commit in sight and patience of the authorities.

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