Jurisprudencia y Ciencias Sociales

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

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2020 - 20264

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Tiene archivos: SíTema: search.filters.subject.PROTECCIÓN DE DERECHOS

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Mostrando 1 - 4 de 4
  • Miniatura
    Item type:Ítem,
    La justicia restaurativa y el procedimiento expedito en el sistema penal ecuatoriano
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-09)
    Moscoso Tapia, Kenya Camila
    ;
    Acosta Morales, María Gabriela
    This thesis, titled “Restorative Justice and Expedited Proceedings in the Ecuadorian Criminal Justice System”, examines the influence of restorative justice on expedited proceedings within the Ecuadorian criminal justice system, taking into account the existing limitations to its implementation and the need to strengthen mechanisms aimed at comprehensive reparation and the building of a culture of peace. The overall objective was to analyze the influence of restorative justice on expedited proceedings in the Ecuadorian criminal justice system. The research was conducted using a qualitative approach, through a bibliographic-documentary and field study, supported by methods that allowed for the examination of doctrinal and normative foundations, as well as specialized criteria related to the subject under investigation. The research techniques employed included documentary analysis and interviews with a judge, a prosecutor, and a practicing attorney, all of whom are experts in the field. The results revealed diverse criteria regarding the application of restorative justice, identifying limitations related to lack of awareness, limited dissemination, insufficient specialization, and the absence of uniform mechanisms that would allow for its proper implementation within expedited proceedings. It was also determined that the application of restorative mechanisms can help strengthen dialogue between the parties and lead to a more comprehensive remedy for the harm caused. It was concluded that, while there is a legal basis for their application, practical and structural difficulties persist that limit their effective use, making it necessary to strengthen guidelines and mechanisms that allow for a more comprehensive and uniform application within the Ecuadorian criminal justice system.
  • Miniatura
    Item type:Ítem,
    Políticas públicas del adulto mayor y la erradicación de violencia en el cantón Salcedo
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-02)
    Remache Zambrano, Joselyn Milagros
    ;
    Espín Meléndez, María Cristina
    Older adults form part of the priority attention group recognised by the Ecuadorian State, to guarantee the protection and care of older adults the Constitution of the Republic of Ecuador in its article 38 establishes public policies and attention programmes in favour of this group, who due to their vulnerable condition are prone to suffer any type of violence, be it physical, psychological, sexual, economic and patrimonial, as well as negligence and abandonment, generated by society or by their closest environment. The main objective of this research project is to "Analyse public policies to eradicate violence towards the elderly in the Salcedo Municipality", for which it has been necessary to apply the qualitative-quantitative method, using descriptive, explanatory and analytical research. Data collection was carried out through the application of techniques and instruments such as a survey of older adults and interviews with the authorities of the Salcedo municipality linked to the protection of the rights of older adults. As a result, it is concluded that 68% of the older adult population surveyed suffers from violence of some kind, and this has been generated by their closest family environment, which added to the lack of knowledge of this problem, the Salcedo municipality does not have a public policy aimed at eradicating violence against older adults
  • Miniatura
    Item type:Ítem,
    Los derechos de los adultos mayores y el control de convencionalidad en el Ecuador
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-02)
    Medina Pilataxi, Alexis Joel
    ;
    Saca Balladares, Melinton Fernando
    The analysis of the topic arises because older adults have commonly been considered another burden for society, they have become the object of mistreatment and discrimination, for this reason, the objective was: to analyze the way in which conventionality control is applied to guarantee the rights of older adults. The methodology followed an eminently qualitative approach through the collection of data, with the review of judicial resolutions referring to the elderly and the control of conventionality, the method was deductive with an approach from the general to the particular, in addition the interview technique was used. Aimed at judges and legal professionals, another resource was bibliographic files and mnemonic files. Regarding the results, it was obtained that the interviewees identified a series of rights that they consider violated on a recurring basis, one of them is the lack of care and protection, lack of medical care, discrimination in employment, poor access to services and others benefits; They highlight that this type of control is the most relevant and effective in the country, in addition, concentrated control is the main approach to guarantee that internal standards are aligned with international regulations. It is concluded that the rights of older adults are supported by international treaties and conventions, which establish a solid legal framework that seeks to eliminate barriers and discrimination, promoting active participation in society, guaranteeing access to essential services through recognition of their rights
  • Miniatura
    Item type:Ítem,
    El desarrollo integral de niños, niñas y adolescentes y la tenencia compartida en Tungurahua
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-09)
    Silva Palacios, Marco Santiago
    ;
    Espín Meléndez, María Cristina
    This research work of vital importance, since the goal is to guarantee protection of the rights of a priority care group how are children and adolescents. It is also the minors who else are emotionally affected after a separation of the parents. What triggers disrespectful for the family environment. In this way, the investigation will allow that does not increase crime, drug addiction and alcoholism through procedures and techniques that allow integral development of the children. The research topic it is of great interest, as it will allow to give a solution to the problem posed, the absence of joint custody in the country. Likewise, will be checked if really necessary the incorporation of the joint custody to the Ecuadorian legislation. As the family is consider as natural society, the Government should serve it and enhace the defense of the fundamental rigths. Similarly, the research project of great impact. Well, as it has been explained during the development of this work, the actual situation of the minors with their parents separated is tragic. That looks, mostly, in their learning, family relationships and friends. Then, if a solution is given to the problem, its impact will fall in multiple benefits to children and adolescents, improving various aspects of their life. The draft is feasible to be done because it will count will all the support and criterion of judges and Judicial Units of Family, Women, Children and Adolescents, free practice lawyers and parent testimony affected by this legal vacuum.