Jurisprudencia y Ciencias Sociales

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

Examinar

Filtros

2016 - 201912020 - 20262

Ajustes

Tema: search.filters.subject.PRINCIPIO DE INOCENCIA

Resultados de la búsqueda

Mostrando 1 - 3 de 3
  • Miniatura
    Item type:Ítem,
    La criminología mediática y el principio de inocencia en el Ecuador
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-09)
    Tiban Gallo, Jorge Luis
    ;
    Acosta Morales, María Gabriela
    Ecuador is a country that has always faced a problem that transcends years of history and persists today: effectively regulating the transmission of information through all media outlets. Therefore, this research project aims to analyze the influence of media criminology on the presumption of innocence in Ecuador. The methodology of this research was developed using a qualitative approach, incorporating descriptive and analytical doctrinal aspects. Documentary and bibliographic research, as well as legal provisions, were employed. Interviews were also conducted with parties involved in legal proceedings and those affected by media criminology. The results of this research revealed violations of fundamental rights, such as the presumption of innocence, honor, and image of individuals undergoing legal proceedings. Furthermore, the indirect impact of media pressure on the institutions responsible for conducting and making judicial decisions was also observed. The analysis of these results revealed the need to implement spaces within and outside educational and state institutions to raise awareness about the sensitivity surrounding the excessive dissemination of information and to communicate the consequences of violating the presumption of innocence. It also highlighted the need for collaboration among state institutions responsible for conducting legal proceedings, such as the Council of the Judiciary and the Attorney General's Office, to effectively safeguard and classify information as non-disseminative. This leads to the conclusion that, although Ecuador is considered a state that guarantees rights, in reality and practice, rights enshrined in international and constitutional law are constantly violated.
  • Miniatura
    Item type:Ítem,
    Aplicación de medidas de protección en delito de violencia psicológica y afectación del principio de inocencia en el cantón Alausí, período 2017 – 2018
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-01)
    Padilla Vilema, Segundo Isaías
    ;
    Masabanda Analuiza, Galo
    The purpose of this academic investigation is to determine the main causes that AFFECT THE INNOCENCE PRINCIPLE IN THE APPLICATION OF PROTECTION MEASURES IN THE CRIME OF PSYCHOLOGICAL VIOLENCE. And to propose that effective judicial protection be guaranteed by justice administrators and guarantee the right established in the Constitution of the Republic of Ecuador, Universal Declaration of Human Rights and the American Convention on Human Rights, without causing damage to the procedural parties. In the Organic Integral Criminal Code in its article 558, it establishes the protection measures in favor of the victim or members of the family nucleus in the case of domestic violence. This measure currently constitutes an important means for the protection of victims of violence, however, ignorance has caused the inappropriate use of protection measures, which seriously affects the rights of the accused mainly the right to be heard. The importance of this research lies in achieving an effective, timely application and complying with the principle of legal certainty as provided by the Constitution of the Republic of Ecuador, so it is necessary to conduct an analytical, legal and doctrinal study of the measures of protection, in such a way that effective solutions can be proposed in the face of bad application, which allow equal protection and treatment to the procedural parties. The present study of qualitative type, applied the descriptive and deductive methods, following the line of investigation of technical and doctrinal foundations of criminal sciences in Ecuador, having as main result, the criterion of the lawyers of free exercise of the canton Alausí, is to optimize the procedure for issuing protection measures, without affecting the basic principles and guarantees and the constitutional principle of presumption of innocence.
  • Miniatura
    Item type:Ítem,
    El proceso penal y el principio de presunción de inocencia de las personas privadas de libertad
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2016-11)
    Paredes Villavicencio, José Luis
    ;
    Pazmiño Vargas, Klever Alonso
    This research deals with the criminal proceedings and the principle of innocence of persons deprived of liberty that after a confirmatory judgment of innocence regained their freedom. It is common knowledge that these people during the time they were deprived of their liberty have unfairly lost their jobs and suffered psychological and moral damage they and their family, because when the company learned that are deprived of freedom it generates a immediately subject to discrimination. The problem is that during the time of imprisonment the presumption of innocence of these people was violated because they were always innocent. As there is a violation of Constitutional rights should also be compensatory measures for people who suffered such an infringement. The Code of Criminal Integral Article 238 establishes only compensatory measures for victims of crime but does not establish compensatory measures for those who remained in detention during criminal proceedings and sentence by innocent ratified. Legislators do not realize this reality because when establishing remedies in criminal proceedings only thought about the victim of a crime and but not in those who remained unjustly deprived of their liberty, leaving aside the violation of the right presumption of innocence that suffered these people, leaving them obliged to claim damages by civil courts, which generates economic cost for the state and for the plaintiff to solve the process and also involves use of time for processing of process.