Jurisprudencia y Ciencias Sociales

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

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2023 - 20252

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Tema: search.filters.subject.LIBERTAD SEXUAL

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    Item type:Ítem,
    Análisis de la influencia de la Sentencia No. 17-21-CN/23 y la interpretación condicionada por parte del pleno de la Corte Constitucional del Ecuador
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-21)
    Panimboza López, Karla Sharis
    ;
    Acosta Morales, María Gabriela
    Sexual violence is a problem of general interest that affects the most vulnerable members of society, such as persons with disabilities, who are frequently victims of sexual crimes such as rape, since this group has been prevented from appropriating their sexuality and for whom investigations are scarce. The objective of the study is to analyze from a legal and dogmatic perspective the Sentence No. 17-21-CN/23 of the Constitutional Court of Ecuador to establish the applicability of the proportionality of the interpretation of this type of crime and adjust it to the needs and reality of victims with disabilities unable to show resistance. The importance of dealing with this problem lies in the fact of giving visibility to an illegal conduct that violates the rights of integrity and sexual freedom of a priority group. The research approach is explanatory, using a qualitative methodology, which allows the bibliographic and jurisprudential study, together with the application of interviews to Judges and Prosecutors of the province of Tungurahua, this allows to collect the causes and effects of the legal problem, so it is immersed within the research line of public policy, law and society. The main result evidence that, although the examined sentence demands a personalized treatment in the imputation of the crime of rape, the actions of the judicial officials overlook what was ruled by the Constitutional Court, violating the rights of integrity and sexual freedom of persons with disabilities. In conclusion, the study underscores the need for greater control of compliance with constitutional jurisprudence on the part of justice administrators and a stronger state commitment to the implementation of public policies aimed at sex education and social integration of persons with disabilities.
  • Miniatura
    Item type:Ítem,
    El Derecho a la Libertad Sexual y su Incidencia en el Desarrollo Integral de los Niños, Niñas Y Adolescentes: Análisis de la Sentencia No 13-18 Cn/21
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09)
    Vaca Aldás, Juan Andrés
    ;
    Espín Meléndez, María Cristina
    The decision of Constitutional Ruling No. 13-18 CN/21, which allows minors under 14 years of age to consent to sexual relations, has generated debate and concern as to whether they have the necessary knowledge about their sexual freedom and whether this could jeopardize their rights and integral development. This study focuses on children and adolescents, who are considered a priority group according to the Constitution of Ecuador. The judgment establishes an exception for those over 14 years of age who can consent a sexual act, which raises possible violations of their rights and development. The impact of this research falls on Ecuadorian society, which is governed by a constitution that guarantees rights, especially for minors between 14 and 17 years of age. The research topic raises the dichotomy between integral development and sexual freedom, considering the lack of appropriate maturity in such a young person to consent sexual relations. Constitutional Ruling No. 13-18 CN/21 allows those over 14 years of age to consent sexual relations, which could avoid possible penalties for adolescent offenders, but on the other hand opens the possibility that there may be more impunity in sexual crimes involving minors since they can vitiate their consent through power relations, blackmail or by buying their testimony.