Jurisprudencia y Ciencias Sociales

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

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  • Miniatura
    Item type:Ítem,
    El pluralismo juridico y los efectos en las normativas internas de la comunidad Wuamanloma de la parroquia Salasaca
    (Universidad Técnica de Ambato, Facultad de Juriprudencia y Ciencias Sociales, Carrera de Derecho, 2025-08-01)
    Paredes Sánchez, Daniel Rodrigo
    ;
    Vargas Villacres, Borman
    The main objective of this research is to analyze the legal pluralism and its effects on the internal regulations of the Wuamanloma community of the Salasaca parish, in the province of Tungurahua, Ecuador, the methodology used is of mixed type (quantitative and qualitative), allowing the statistical and interpretative analysis of the social and legal reality of the community, in addition the bibliographic method was used, In addition, a bibliographic, explorative and descriptive method was used, complemented with analytical-synthetic, socio-legal and casuistic methods, to study in depth the customary norms and their relationship with the national and international legal frameworks, on the other hand, techniques such as surveys and direct observation were executed, being the main instrument a structured questionnaire of 10 closed questions, directed to community authorities, lawyers and inhabitants of Wuamanloma. The population was approached in its entirety, given the relevance of the community in the application of indigenous justice, the representative sample was calculated in a technical manner to ensure valid and reliable results, the specific objectives included: determine how the due process of legal pluralism is applied in the community, establish the internal normative and its harmonization with national and international laws, and describe the constitutional concordances for its application, the expected results seek to generate viable proposals to strengthen indigenous justice in Wuamanloma within a constitutionally valid framework, highlighting the collective right enshrined in Article 56 of the Constitution of Ecuador. In conclusion, this research provides a comprehensive look at legal pluralism as a tool for intercultural justice, promoting recognition, respect and articulation between state law and indigenous legal systems.
  • Miniatura
    Item type:Ítem,
    El principio de confianza en el derecho penal y la violencia física en el estado ecuatoriano
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-27)
    Altamirano Escobar, Joselin Mishel
    ;
    Acosta Morales, María Gabriela
    This research deals with the Principle of trust in criminal law and physical violence in the Ecuadorian State, as an essential foundation that forces people to act reasonably trusting that others will comply with the laws and regulations established for the protection of their rights. In Ecuador, physical violence represents a serious social problem, affecting various groups and requiring a comprehensive response from the judicial system. Failure to comply with this principle can intensify aggression, weakening social cohesion and the effectiveness of judicial institutions. Therefore, the objective of the research focuses on studying the impact of the principle of trust within the framework of Ecuadorian criminal law, especially in relation to physical violence. Through a qualitative approach, using the type of descriptive and exploratory research, using the interview as a research technique; therefore, it is within the line of public policies, law and society. Examining the different perceptions of judges, prosecutors and lawyers in free practice on the application and effectiveness of the principle of trust in cases of violence. The results included the contribution of officials regarding the justice system in relation to the position they hold. In conclusion, trust is not only a legal principle, but also serves to guarantee justice and the protection of human rights in Ecuador, since there is a need to strengthen this principle to more effectively confront physical violence, correctly applying legislation and judicial practices.