Jurisprudencia y Ciencias Sociales

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

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2021 - 20253

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Tema: search.filters.subject.INFRACCIÓN PENAL

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  • Miniatura
    Item type:Ítem,
    La calumnia como infracción penal y la pena privativa de libertad en defensa del derecho al honor y buen nombre
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-27)
    Alquinga Masapanta, Jonathan Stalin
    ;
    Acosta Morales, María Gabriela
    Tn the Republic of Ecuador, slander has undergone a significant change in its legal treatment after the reform of the Comprehensive Organic Criminal Code (COIP). Previously, this conduct was classified as a contravention, but due to the seriousness of false accusations that threaten the honor of people, the legislator chose to reclassify it as a criminal offense, punishable by imprisonment. This change reflects a more severe approach to the protection of fundamental rights, particularly the right to honour, which enjoys special normative protection as a legal right ofthe first order. The objective of this study is to analyze the effectiveness of the penalties established for slander in the constitutional framework, with emphasis on the protective and preventive function of the same, and in particular in the protection of the right to honour and good name. Through a qualitative methodology and type of bibliographic research, information was collected from secondary sources and interviews were conducted with professors of criminal law, which allowed us to obtain a broad overview of the legal implications of this figure. The analysis reveals a negative perception of the effectiveness of the custodial sentence in terms of the full restoration of the right to honour and good name. Although the criminal sanction punishes the offense committed, it does not achieve comprehensive reparation for the damage caused, which suggests that the custodial sentence does not adequately fulfill the reparative function that would be expected in these cases. The right to honour, being a fundamental legal right, requires more effective protection that includes not only punishment, but also more comprehensive mechanisms of reparation and restitution. The custodial sentence, although it punishes criminal conduct, is not the most appropriate measure to prevent or remedy the damage caused by slander, so the need to review the sanctions arises and to consider more effective alternatives to protect the right to honor and good name in line with constitutional principles and international human rights standards.
  • Miniatura
    Item type:Ítem,
    El adolescente infractor y la reinserción social
    (2024-08)
    Villacrés Moscoso, Jimmy Ronaldo
    ;
    Borja Martínez, Geovanny Leopoldo
    This research topic is important because it is oriented towards all those adolescents in Ecuador who between twelve and eighteen years of age have committed an act classified as a criminal offense, with the purpose of providing them with socio-educational measures and thereby being able to implement a correct and adequate reintegration into society to avoid recidivism and reduce juvenile delinquency. Although adolescent offenders enjoy countless guarantees, these are not rigorously applied and remain unpunished, causing these adolescents to become repeat offenders by failing to achieve real reintegration with society. The general objective is to analyze the adolescent offender and the effectiveness of social reintegration. In the methodology, descriptive research was carried out whose objective is to analyze and describe the reality of the social legal problem related to adolescent offenders. A qualitative approach was adopted to delve deeper into opinions on the topic, using the interview technique to collect information from people with knowledge on the subject. Through this research, it was possible to identify that in Ecuador the effectiveness of social reintegration with respect to adolescent offenders is a complex and challenging situation, marked by multiple obstacles such as the lack of prevention of criminal behavior, social stigmatization, scarcity of resources and programs, factors that hinder the success of this process
  • Miniatura
    Item type:Ítem,
    Mecanismos de la reparación integral a la víctima y la justicia inmaterial
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-07)
    Arias Galiano, Evelyn Gabriela
    ;
    Arcos Morales, Jorge Enrique
    Ecuador has adopted integral reparation in its criminal justice system as a restorative element, which constitutes a constitutional right for victims of criminal offenses. It is expressly determined in article 18 of the Organic Law of Jurisdictional Guarantees and Constitutional Control that "The reparation will be carried out according to the type of violation, the circumstances of the facts and the impact on the life project", with which the integral reparation It must be the result of the motivation of the constitutional judge, considering as the main element the proportionality that must exist between thelegal remedies and the declaration of violation of constitutional rights. Additionally, the same normative provision recognizes the type of possible repairs, without being an exhaustive list, which is the result of the reception of international standards; Thus, mention is expressly made of the measures of: restitution of the right, economic or patrimonial compensation, rehabilitation, satisfaction, guarantees of nonrepetition, obligation to investigate, recognition measures, public apologies, provision of public services, health care, among other In such a way that the restitio in integrum provides the victims of the transgressions of constitutional rights to enjoy the right in the most adequate way possible and, as far as possible, it is restored to the previous situation of the violation, when that is possible. Therefore, the following Degree Project aims to generate a study of the genesis of integral reparation, its principles, analyze the damages present in the victims and the reparation mechanisms provided by the Law. A specialized Unit is proposed to attend to the citizenship and the victims of criminal offenses, that only this typicity be addressed since the Public Defender's Office of Ecuador does not provide the specialized and technical attention that the victims need, there is no place where the rights that assist them, the amparo professed by article 78 of the Constitution of the Republic and article 68 of the Comprehensive Organic Penal Code and provide them with the mechanism to make their claims, providing citizens with basic knowledge in legal advice.