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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.
Nulidad de reconocimiento voluntario y derecho de identidad
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-01-22)
Tua Miranda, Nagiely Mishelle
;
Arcos Morales, Jorge Enrique
This research addresses the nullity of voluntary acknowledgment of paternity and its impact on the right to identity, a highly relevant legal issue in the Ecuadorian legal system due to the increase in parentage disputes arising from acknowledgments made without regard for biological truth or under conditions of consent. This topic is especially important because it involves the constitutional rights of children and adolescents, whose identity can be affected by legal acts that, although formally valid, generate legal uncertainty and infringe upon their integral development. The study analyzes the tension between the principle of the irrevocability of voluntary acknowledgment and the grounds for its nullity when conditions of consent such as error, fraud, or duress are present. Furthermore, it reveals regulatory gaps and disparate judicial criteria that generate confusion between the concepts of nullity of the legal act and challenges to parentage, thus affecting the effective protection of the right to identity. The research was conducted using a qualitative, legal-documentary, descriptive, and field approach, employing legal-dogmatic, analytical-synthetic, and inductive methods. Techniques included documentary analysis of regulations, jurisprudence, and specialized doctrine, as well as semi-structured interviews with legal professionals, whose contributions allowed for a comparison of legal regulations with judicial practice. This line of research falls within the fields of Constitutional Law and Family Law, and offers a novel contribution: the work proposes the need to establish clear normative and procedural criteria that differentiate the annulment of voluntary acknowledgment from the challenge of parentage, prioritizing the best interests ofthe child, biological truth, and legal certainty, in order to strengthen the effective protection of the right to identity.
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

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