Jurisprudencia y Ciencias Sociales

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

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2019 - 20202

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Tema: search.filters.subject.POLICIA NACIONAL

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  • Miniatura
    Item type:Ítem,
    El acuerdo ministerial n° 5233-a del ministerio del interior y la vulneración al debido proceso en la separación de los funcionarios de la policía nacional del Ecuador
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-09)
    Moreno Gavilanes, William Fernando
    ;
    Poaquiza Poaquiza, Ángel Patricio
    The present investigation arises from the integration of two specific variables that structure the subject as a whole, establishing itself as: “THE MINISTERIAL AGREEMENT N° 5233-A OF THE MINISTRY OF THE INTERIOR AND THE VIOLATION OF THE DUE PROCESS IN THE SEPARATION OF OFFICIALS OF THE ECUADOR NATIONAL POLICE”. It should also be mentioned that, the problematic axis in a succinct way, follows from the fact that the members of the National Police, not having passed the polygraph test at the time, have been subject to sanctions, without being able to exercise effective judicial protection, without being able to exercise the right to contradiction, without being able to exercise the right to self-defense, violating the principle of innocence; being that, these principles and rights, in addition to being part of the integrality of the rules of Due Process, are also recognized as fundamental; For this reason, it is conceived that the Ministerial Agreement subject to analysis attempts against such high designs of the Constitution, leaving aside the guarantee that it advocates. In chapter I of the investigation, the doctrinal background and the problematic reality of the project are presented, in order to justify the reason why this investigation has been developed and carried out. In chapter II, the state of the art of research, that is, previous research, has been established in relation to the variables proposed in the structuring of the topic; then, they are developed, under doctrinal aspects of different authors that validate the research, regarding the principles and rights that could be being violated in the problematic investigative context. In chapter III, the methodological foundation of the research is developed, the base being the quantitative-qualitative application, for which, the documentary and bibliographic analysis of the existing doctrine was taken, to establish a questionnaire submitted to a judgment of the respondents , so that these in turn, transform their perspectives to percentages that can give us a general conception of the problematic reality presented. In chapter IV, the conclusions and recommendations are developed, which have been obtained by the doctrinal, bibliographic study, plus the application, tabulation and analysis of the surveys.
  • Miniatura
    Item type:Ítem,
    El ingreso a la policia Nacional y el principio de igualdad
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-01)
    Cobo Moyon, Juana Elizabeth
    ;
    Pazmiño Vargas, Klever Alonso
    The present research work structured independently: "THE ENTRY TO THE NATIONAL POLICE AND THE PRINCIPLE OF EQUALITY", proposes a reform to the requirements set in the process of selection of National Police personnel candidates so that it keeps strict observance of the principle of equality proclaimed in the Constitution of Ecuador 2008. At the same time that human rights were embraced in many legislations of the world, so too the Police Institutions have had to not only adapt their regulations in accordance with human rights but also be responsible for ensuring their effective application, within these The National Police of Ecuador has found great progress in terms of inclusion and equity, it has been many years since the Institution opened women and recently several discriminatory requirements have been eliminated. Although the steps taken in the process of selecting candidates for the Police have been important, several criteria that violate the Principle of Equality are still being maintained, such as allocating most of their quotas to male staff, forgetting what is stated in the Constitution as soon as possible. Gender parity, by requiring an age limit without any objective justification, lends itself to the existence of a number of irregularities; since there is no scientific, legal and real support that abalone the criteria of inequality applied in these processes. So it is necessary a deep analysis of the parameters applied in these processes, since they cannot come from discriminatory judgments that seek to justify based on assumptions of disability that have not been proven, for this the various evaluations that will establish If the individual is or is not suitable for the position that will be entrusted to him.