Jurisprudencia y Ciencias Sociales

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

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La valoración de la prueba digital y la motivación en el proceso civil ecuatoriano
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-09)
Pilco Vinueza, Jenifer Katerine
;
Jordan Buenaño, Jeanette
This research paper analyzes the assessment of digital evidence and judicial reasoning within Ecuadorian civil proceedings. The relevance of this topic arises from the incorporation of digital media, considering the absence of a unified regulatory protocol governing the admission, verification, and evaluation ofthis type of evidence, thereby creating legal gaps that compromise the legal certainty of the parties involved and the legitimacy ofjudicial decisions. Within the legal framework, this study examines the Constitution of the Republic of Ecuador, the General Organic Code of Processes, and the Electronic Commerce, Electronic Signatures, and Data Messages Law, as well as a comparative analysis of international regulations from Spain, Colombia, Argentina, the United States, and the European Union, taking into account the existence of specific regulations and solid technical protocols. Furthermore, Constitutional Court Judgment No. 1158-17-EP/21 is analyzed, as it establishes sufficient reasoning and reasonableness as standards for judicial motivation. The research adopts a qualitative approach combined with documentary analysis, legal and doctrinal review, and the application of interview guidelines conducted with ten civil judges from the Ambato Judicial Complex. This made it possible to identify the legal criteria applied in practice, the existing complexities surrounding digital evidence, and the current capacities of the judicial system. The information obtained was systematized through the ATLAS.ti tool, facilitating the analysis ofthe interviews and obtaining relevant and concise information. The findings revealed that digital evidence possesses particular characteristics such as intangibility, volatility, and ease of reproduction, Which require specialized technical mechanisms for its proper handling. Finally, it was determined that although Ecuadorian legislation recognizes digital evidence, there are still legal gaps regarding its admission, preservation, and evaluation within Ecuadoriancivil proceedings.
La sentencia dictada por falta o incorrecta contestación a la demanda en procesos ejecutivos de letra de cambio y el derecho al debido proceso
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-09)
Onofre Martinez, Donovan Samuel
;
Jordan Buenaño, Jeanette Elizabeth
The Executive Procedure is a type of special procedure that is based on the expeditious collection of an obligation contained in any of the instruments classified as enforceable, such as the case of the bill of Exchange. However, in the Ecuadorian legal system, the overprotection of the plaintiff has transformed this procedure into an excessively privileged means of collection that undermines the fundamental rights of the defendant. There are many ways in which this aspect is externalized, however, its maximum expression is the judgment that is issued when the defendant does not answer the claim or when he does so incorrectly, because it produces two notably harmful legal effects. The first, that the judgment is issued without the need to convene a hearing and the most harmful, that the judgment takes on the character of res judicata immediately it is pronounced, which means that the defendant cannot file any appeal. By virtue of the above, this paper focused on analyzing whether the judgment issued for the lack or incorrect response to the claim in executive proceedings for the collection of bills of exchange violates the right to due process. For this purpose, the research was developed under a theoretical-documentary scheme, with the aim of studying in detail the concepts, foundations and criteria of legal institutions, thus allowing to solve with sufficient legal rigor the problems and questions of the work. Likewise, the research was carried out under a qualitative approach that arrived at three levels: exploratory, descriptive and explanatory. Meanwhile, the research methods used were: systematic, analysis-synthesis, comparative law and constitutional interpretation. On the other hand, techniques such as content analysis and documentary analysis were used to achieve clear and useful results that gave a concrete answer to the research problem. Among the main findings, it was found that the judgment under study violates the right to due process in the guarantee of defense, specifically in the guarantees of being heard under equal conditions and appealing. Finally, it was concluded that it is necessary to amend Article 352 of the COGEP, which is where this judgment is regulated, in order to safeguard the fundamental rights of the defendant and to adapt its regulation to Latin American international standards.
La aplicabilidad del debido proceso en la justicia indígena del cantón Saquisili
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-01-27)
Vargas Vega, Alex Paul
;
Espin Melendez, Maria Cristina
The present research project addresses a critical analysis of the Ecuadorian justice system from the perspective of legal pluralism, highlighting the coexistence of the ordinary justice system and the constitutionally recognized Indigenous justice system. The importance of this topic lies in its contemporary relevance and in the need to strengthen intercultural dialogue to ensure respect for due process, without disregarding the validity of the customary practices of Indigenous peoples and nationalities. Based on the normative review of the 1998 and 2008 Constitutions, as well as the examination of relevant case law from the Constitutional Court, the study analyzes the scope and limitations of the exercise of Indigenous justice, particularly in cases related to guarantees such as habeas corpus. The methodology applied combines a qualitative approach grounded in documentary analysis, doctrinal and normative review, and interviews with experts and justice operators. This approach allowed for the identification of perceptions, tensions, and opportunities for improvement in the coordination between both judicial systems. The research is framed within the study of constitutional law, legal pluralism, and the administration of justice. The scientific novelty of this work lies in the proposal of an institutional strengthening model that promotes intercultural training, the recovery of legitimate traditional practices, and the incorporation of constitutional standards into community procedures, while respecting their autonomy. This proposal seeks to contribute to a more inclusive justice system, consistent with constitutional mandates and aligned with the social and cultural realities of contemporary Ecuador
Acción de Acceso a la Información Pública y su incidencia en el Derecho a la Defensa
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-01-27)
Pérez Mejía, Jennifer Paulina
;
Romo Santana, José Luis
Access to public information is a constitutional guarantee stipulated in the Constitution and the Organic Law on Transparency and Access to Public Information. It applies When a public institution fails to provide the requested information. The refusal may be total or partial. Such situations can affect due procpess, constitutional principles, and the right to defense, among other things. The objective of this research is to analyze and understand the importance of this constitutional action in practical scenarios where limitations arise in the exercise of the right to defense that could lead to possible nullity. The study was developed using a qualitative approach and a documentary bibliographic analysis. It is framed within a line of public policy, law, and society, allowing for the development of both normative and doctrinal concepts related to this guarantee. The interview guide used is an interview with a population or convenience sample composed of judges from Ambato to learn their criteria regarding this constitutional action and the administrative improvements they suggest. The research lends itself to analyzing how the action of access to public information is directly related to the right to defense in judicial practice, in a state that guarantees justice and law.
Citación por medios de comunicación y la garantía del debido proceso: Análisis de la SENTENCIA Nro. 2791-17-EP/23
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-01-27)
Ortiz Quinfia, Nayeli Yajaira
;
Chagcha Solis, Carlos Julio
The present work of qualification, Citation by media and the guarantee of due process: Analysis of Judgment No. 2791-17-EP/23, is configured as a relevant investigation within the framework of Ecuadorian legislation due to the presence of the ambiguity of the rule that questions the effectiveness of the summons by the media, this regarding whether or not the guarantees of due process are complied with. The rules not only require to be studied as a strict basis of mandatory compliance, but they must respond to the fair practice of rights of giving each one what corresponds to them, without transgressing rights and guaranteeing equality of conditions for the litigants within a trial free of vices that could nullify the development of the process leaving one of the interveners defenseless. Within the study work, a methodology developed under the qualitative method was used through the bibliographic and field-type research modalities, which respond to the level of correlational, analytical, and exploratory research, developed according to the fulfillment of both general and specific objectives, modalities that allowed to identify the presence of conflicts regarding the citation by the media due to the lack of clarity of the standard to access such sources of information, and which as a result cause the violation of due process
Uso de la detención con fines investigativos y el menoscabo al principio del Debido proceso en el Caso Lex
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-04-01)
Segura Pallo, Karla Daniela
;
León Trujillo, Edisson Santiago
The legal figure called detention for investigative purposes established in the Comprehensive Organic Criminal Code (COIP) in the Republic of Ecuador, legally seeks to generate a procedure where the basic constitutional guarantees and rights are fulfilled, seeking the effective realization of justice. Therefore, the present investigative project seeks to demonstrate the use of this precautionary measure and its impact on the principle of due process, focusing on the "Lex" case. An innovative study of the regression towards an inquisitorial system that may be occurring in current judicial practice is introduced, a phenomenon that has not been sufficiently studied in Ecuadorian legal doctrine. In addition, it constitutes a novel scientific perspective by exploring how this legal figure, which should be a limited investigative tool, has become a way of violating constitutional rights of the persons investigated. For this, a methodological study of an explanatory type is applied, under a qualitative, casuistic, and analytical method that allows to demonstrate a distorted use of detention; In this sense, this investigative work is immersed in the line of research of “Public policies, law and society”. Which allows to have as main result that the precautionary measure of detention for investigative purposes violates the principle of due process, and subjects the detainee to undue pressure, which reflects a legal regression both in the Ecuadorian penal system and in human rights. Concluding that the application of detention for investigative purposes in effect undermines the principle of due process
El interes superior del niño en la instancia judicial y en el procedimiento administrativo aplicado por la junta cantonal de proteccion de derechos del canton Ambato
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08)
Rodríguez Jiménez, Nelson Sebastián
;
Espín Meléndez, María Cristina
The principle of the best interests of the child, together with the rights linked to this principle, are recognized by national and international regulations, from which they are granted a superiority and prevalence of the rights linked to this principle, in relation to the rights of other persons, however, it is not always fulfilled, given that a clash has been identified between the right to due process and the rights related to the principle of the best interests of the child, and this is why this research is of importance. Research carried out with the objective of identifying the incidence of the principle of the best interest of the child from the application of the administrative procedure for the protection of rights used by the Cantonal Board for the Protection of Rights of the Canton of Ambato and the consequent judicial instance. In this case, a quantitative-qualitative or mixed approach was implemented, with a casuistic method, with the application of interviews to Judges of the Judicial Unit of Family, Women, Children and Adolescents of Ambato as well as to Judges of the Cantonal Board of Protection of Rights of the same Canton, surveys to lawyers who know the subject, and, the analysis of sentences and resolutions; obtaining as results that 69. 1% of those surveyed consider that there is an affectation to the principle of the best interest of the child as a consequence of the sentences in which the nullity of the administrative process is declared, a fact contrasted from the different interviews made to Judges, who almost in their totality, kept the same criterion. Concluding that there is indeed a violation of the principle of the best interest of the child as a result of the declaration of nullity by means of an appeal sentence, which with its retroactive effect causes the members of the JCPD to carry out a new reserved hearing on the minor victims, generating their revictimization; this could be remedied by the compliance of the hearing of evidence in the administrative sphere and, in the judicial sphere, by the fact that the sentences with the declaration of nullity leave aside the proceedings that could generate this revictimization
Aplicación del Doble Conforme en materia Penal en torno al derecho a Recurrir en Ecuador, en base a la Resolución 04-2022
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-03)
Pico Yanchaliquin, Joselyn Estefania
;
Romo Santana, José Luis
This research work is based on covering the special remedy of double jeopardy and the right to appeal as a guarantee that allows the accused to have a range of different mechanisms, or in this case a remedy that allows the defendant to defend himself in different instances, and the victim a remedy that allows to re-evaluate the evidence, so that the research addresses the criminal procedure law and therefore the due process and effective judicial protection with its guarantees. It is important to emphasize that the analysis of the special remedy of double jeopardy as a new remedy that begins to govern with the provisions of Resolution 04-22 of the Official Registry, seeks to guarantee and comply with the human rights that have been ratified by Ecuador, with the purpose that, under no condition, the accused are left in a state of defenselessness, it should be noted that it is mainly oriented to a person being convicted as guilty in two instances. The research intends to analyze the applicability and publicity of the special remedy of double jeopardy, for which the analysis of what is established by the Inter-American Court of Human Rights, in addition to the American Convention on Human Rights (Pact of San José), the International Covenant on Civil and Political Rights, ICCPR with respect to the right to appeal and what has been outlined by national and international authors on the subject, will also be used as support for the implementation of the objectives set out
El cumplimiento del debido proceso en la aplicación de la justicia indígena en la parroquia tigua del cantón Pujilí provincia de Cotopaxi en el periodo 2020-2021
(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-09)
Vega Tigasi, Janeth Cecilia
;
Vargas Villacrés, Borman Renan
The Constitution of the Republic of Ecuador supports the culture, traditions and indigenous justice in our country based on Article 171 of this Magna Carta, thus guaranteeing the impartiality of justice and in turn the rights that indigenous peoples and nationalities possess, however, within this worldview there have been frictions with ordinary justice when there are decisions that have been taken within indigenous justice and have not been respected by ordinary justice, However, within this worldview there have been frictions with the ordinary justice when there are decisions that have been taken within the indigenous justice system and have not been respected by the ordinary justice system, as well as the lack of knowledge of the indigenous peoples regarding the guarantee of their rights, which has caused various conflicts within the communities, In this way, the present research project, through a thorough and detailed analysis of what indigenous justice is, intends to instruct and guide the indigenous communities on a procedure to execute what indigenous justice is and also to make known the competencies such as the indigenous authorities, the cabildos and the internal assembly of a community, with the purpose of rescuing the customs and values of the indigenous peoples and nationalities, Likewise, the research will allow to promote knowledge in the communities regarding the forms of punishment, regardless of the offense committed in the indigenous territory and to make known the impact caused by the correct adaptation of a due process in the causes or conflicts in indigenous territories, specifically in the Panzaleo culture of the province of Cotopaxi.
Los actos administrativos y la motivación en el debido proceso como garantía constitucional en el sistema integrado de seguridad ecu 911 Ambato
(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Comunicación Social, 2022-09)
Ponce Molina, Edison Fernando
;
Montero Solano, Juan Pablo
This investigative work entitled: "Administrative Acts And Motivation In Due Process As A Constitutional Guarantee In The Integrated Security System Ecu 911 Ambato", focuses mainly on the inalienable rights that belong to workers in a dependency relationship and where the levels hierarchical have the obligation to guarantee them by seeking a fairer and more equitable employment relationship; however, after an administrative act resulting from a breach by the worker where the worker in a dependency relationship is granted the right to defense, not having adequate regulations to motivate an administrative sanction, it is not guaranteed that the administrative act is a guarantor of inalienable constitutional rights and generates various inconveniences when requiring the worker to deliver a quality service to the citizenry. The current Ecuadorian legislation does not have an adequate regulation for the application of the motivation in the administrative acts; When the application of an administrative act arises, violations of its application are generated to require the public servant to provide a service. As it is considered a legal vacuum, it is currently considered that the lack of this figure in the application of the Administrative Acts would violate constitutional rights. For this reason, it is important for the State to realize the need for a regulation to motivate administrative acts where it can bind and guarantee the correct application of an administrative act that seeks compliance with the rights of citizens to receive a quality public service; as well as respect for the laws that are in force and the Constitution of the Republic of Ecuador. This research work tries to implement a regulation for the correct application of the Administrative Acts, with an adequate motivation within the due process, it will show a clear reduction of failed administrative acts lacking motivation and they would become applied acts that guarantee the provision of services. an effective public service to the citizenry respecting the rights of the worker

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