Jurisprudencia y Ciencias Sociales

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

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2020 - 20255

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Tema: search.filters.subject.LEGALIDAD

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Mostrando 1 - 5 de 5
  • Miniatura
    Item type:Ítem,
    La influencia de los principios de la buena administración y el proceso de contratación pública en el Ecuador
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-08-04)
    Morales Moya, Andrea Belén
    ;
    Chagcha Solís, Carlos Julio
    This research aims to understand how the principles of good governance really influence public procurement in Ecuador. Instead of just looking at laws, it goes deeper to see how these ideas are put into practice in real institutions. The study uses interviews with public officials who work directly in procurement, so we can get a clear picture of what’s really happening.The main focus was to review the current legal framework and court decisions about good governance principles. We also explored the different types of procurement processes and how well these principles are respected or overlooked during those processes. What stands out from the results is that, yes, the laws are mostly well designed and include these important principles, but in everyday work there are still many challenges. For example, officials sometimes lack proper training, there are delays caused by bureaucracy, and the processes can be slow. However, we also saw that institutions are trying to improve transparency and efficiency, showing a growing awareness of the importance of ethical and responsible public management. Ultimately, the research shows that having good laws is only part of the solution. For procurement to truly work well and protect public resources, institutions need to commit sincerely to these principles, have credible control mechanisms, and invest in ongoing training for their staff. With these pieces in place, public procurement can be more effective, transparent, and fair.
  • Miniatura
    Item type:Ítem,
    La Legalidad del Porte y Tenencia de armas como solución al Conflicto Social en el Ecuador
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-05)
    Cordero Aguas, Marco David
    ;
    León Trujillo, Edison Santiago
    This investigation will focus its core on the legality for the carrying and possession of firearms within Ecuadorian territory; for which we will seek to determine, clarify, explain and define the valid aspects that the State must have in order to enact optimal legal protection for carrying weapons within the civil spectrum. At the same time, study and determine the viability of the introduction of firearms within a society, such as Ecuador, which in its last years has experienced a worrying escalation of social violence in the different anthropological strata. What is wanted with this research is to find and specify the harmony that the State wishes to promulgate, with the carrying and possession of weapons, on the one hand; while on the other, there is the acceptance and responsible control that civilians must have regarding their relationship with society. Therefore, the goal is to identify the correct concatenation of laws, ideals and facts that can converge into an optimal legal peak and its functionality with society.
  • Miniatura
    Item type:Ítem,
    Las Apuestas Deportivas en las Plataformas Digitales y el Principio de Legalidad para efecto de la Recaudación Tributaria
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09)
    Espin Aimacaña, Jonathan Javier
    ;
    Vayas Castro, Guillermo Santiago
    The objective of this research work is to analyze the problem of sports betting on digital platforms and its relationship with the legality of tax collection. With the exponential growth of online gambling, challenges and opportunities have been identified for state authorities worldwide. This research has been carried out through an exhaustive review of academic texts, doctrine, and legislation. The analysis of the legal and regulatory aspects of online sports betting makes it possible to highlight the differences between countries. The main legal approaches adopted were identified, from total prohibition to regulation and legalization under certain conditions. In the same way, the tax collection mechanisms for sports betting on digital platforms in different jurisdictions are analyzed. Different tax models are investigated, including taxes on operator profits, levies on bets or commissions. Finally, recommendations are presented to improve the effectiveness of tax collection in the context of sports betting on digital platforms. These include the implementation of clear and up-to-date regulations, international collaboration for the exchange of information and good practices and raising public awareness of the risks associated with online gambling. In addition, the importance of establishing a solid and efficient legal framework for sports betting on digital platforms is highlighted, with the intervention and collaboration of governments, tax authorities and betting platforms, to guarantee legality and adequate tax collection.
  • Miniatura
    Item type:Ítem,
    La Legalidad Y Legitimidad de las Resoluciones del GAD 11 De Noviembre del Cantón Latacunga, Provincia De Cotopaxi
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09)
    Chiluisa Santo, Antony Alexander
    ;
    Espín Meléndez, María Cristina
    Legality is based on the application of the principle of legality and is closely related to the law as a source of rights. Legitimacy, on the other hand, refers to the consensual validity given to an act or authority, regardless of the required formalities. The issuance of administrative acts, such as Parish Administrative Resolutions, becomes problematic when the law is not correctly applied, which can have serious legal consequences. The Ecuadorian Constitution establishes that legal certainty is based on respect for the Constitution and prior, public, and clear rules applied by competent authorities. The research focuses on critically analyzing the Constitution and other national norms regarding the motivation, legality, and legitimacy of administrative acts. Resolutions issued by the Autonomous Decentralized Parish Government of 11th of November in specific years will be examined as a guide. It is essential to highlight the importance of legality and legitimacy of administrative acts as a constitutional guarantee. Resolutions from the public authorities must be properly motivated and in line with the Constitution. The lack of knowledge of legal norms by individuals in public positions who issue regulations or resolutions can lead to serious problems, as it disregards the legal requirements and may result in challenges and nullification of documents. Conducting a legal review is necessary to prevent an Autonomous Decentralized Government from being in a precarious situation when issuing invalid resolutions. In a rule of law, the state organ can only act within legal limits, while individuals who are not part of the state can do anything not expressly prohibited.
  • Miniatura
    Item type:Ítem,
    Derecho a la libertad y aplicación de la prisión preventiva en delitos de robo y hurto
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-10)
    Jiménez Panimboza, Adriana Elizabeth
    ;
    Guevara Fuentes, José Rubén
    The increase in the number of persons deprived of liberty in Ecuador draws the attention of all State institutions. State security is not reflected by the fact that there are more people incarcerated; On the contrary, in many countries a perverse circle of insecurity has taken root, where prisons constitute precisely one of its main links. The adversarial accusatory system, prosecutors and defense lawyers litigate before an impartial judge. But reforms to justice systems were oriented and had a fundamentally punitive approach, contravening logic, common sense and, above all, specialized recommendations. It should also be mentioned that Ecuadorian criminal legislation, as of August 10, 2014, the date on which the Organic Integral Criminal Code entered into force encouraged the abuse of pretrial detention. The judges currently issue preventive detention to a person without sufficient elements of trial since they do not know the profile of the persons processed, demographic data and family context: if they have family charges, labor relations, study, partner, income level, Disability, despite the lack of knowledge, judges issue preventive detention.