Jurisprudencia y Ciencias Sociales

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

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2018 - 201922020 - 20262

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Mostrando 1 - 4 de 4
  • Miniatura
    Item type:Ítem,
    La cadena perpetua y las nuevas formas de criminalidad
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-10)
    Fuentes Pruna, Genesis Fernanda
    ;
    Tite, Segundo Ramiro
    This study analyzes the possible implementation of life imprisonment within the Ecuadorian criminal justice system in response to the increase in violence, crime, and new modern forms of criminality related to organized crime, drug trafficking, contract killings, extortion, and other highly dangerous offenses. The main purpose of this research is to examine the legal implications that this criminal sanction would have, identify the possible constitutional and legal limitations for its application within the Ecuadorian criminal system, and evaluate the mechanisms currently used to confront the growing and persistent wave of criminality in the country. Through a qualitative approach, supported by doctrinal and legal analysis, as well as interviews conducted with judges, prosecutors, and practicing attorneys, it was possible to obtain specialized and personalized results regarding the efficiency and effectiveness of the different criminal sanctions that currently exist in the country, along with the urgent need to strengthen and toughen the criminal justice system in the face of the imminent growth of violence. Likewise, the study revealed the weakness and lack of control within both the penitentiary and criminal justice systems. Consequently, the research concludes that the problem of organized crime in Ecuador requires the implementation of severe and drastic measures, including harsher penalties according to the seriousness of each offense in a fair and proportional manner. However, it also requires internal and external reforms within the criminal and penitentiary systems, such as effective control over persons deprived of liberty and the fight against corruption within all public institutions. Furthermore, it is necessary to implement maximum-security prison segmentation for high-severity crimes, while ensuring that correctional centers for lesser offenses truly fulfill a rehabilitative purpose.
  • Miniatura
    Item type:Ítem,
    La suspensión condicional de la pena y la igualdad formal
    (Universidad técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-11)
    Santamaría Navas, José Daniel
    ;
    Rodriguez, Cristian
    The research focuses on evaluating whether the conditional suspension of sentences, regulated by Article 630 of the Comprehensive Organic Criminal Code (COIP) of Ecuador, violates the principle of formal equality by limiting its application to crimes punished with sentences not exceeding five years of imprisonment. It questions whether this restriction imposes unequal and unjustified treatment on defendants without considering the particularities of each case. The research employs a qualitative and documentary approach, reviewing and analyzing relevant laws, jurisprudence, and legal literature. A jurisprudential matrix is created to collect and systematize rulings from the Constitutional Court of Ecuador and other relevant courts. Additionally, a bibliographic review is conducted to contextualize and deepen the theoretical and normative concepts related to the conditional suspension of sentences and the principle of formal equality. The analysis of rulings reveals that the fiveyear limit imposed by Article 630 of the COIP can result in unequal treatment for defendants. Judicial decisions emphasize the importance of evaluating each case based on its specific circumstances, respecting the principles of proportionality and necessity. The analyzed rulings underline the need for an equitable interpretation and application of criminal norms to ensure respect for the principle of formal equality. The research concludes that the conditional suspension of sentences, as currently regulated, may violate the principle of formal equality by not considering the particularities of each case
  • Miniatura
    Item type:Ítem,
    Las medidas de protección y los procesos terapéuticos familiares de identidaden los casos de reinserción familiar.
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-11)
    Altamirano Pinto, Bryan David
    ;
    Frías Raza, Sergio Edmundo
    ABSTRACT The main objective of this research work is to analyze the protection measures that children and adolescents have, which are found in the Code of Children and Adolescents, ratifying what is embodied in the Constitution of the Republic, starting with that children and adolescents are subjects of rights thus ensuring the inalienable rights of minors and, above all, protecting the best interests of the child. At the beginning of the investigation, the protection measures applied at the international level are analyzed, the agreements to which Ecuador is subscribed, doing a bibliographic investigation on the subject in the main countries where there has been a greater advance in the matter of rights of minors this is in the countries of Spain and Chile. The analysis continues with the family identity therapeutic processes which are of the utmost importance to be able to assess whether a child or adolescent is able to return to live with their biological family, these family identity therapeutic processes should not only be applied. to minors who are at risk but also to family members where the child will live, so that the child has an effective development
  • Miniatura
    Item type:Ítem,
    Los procesos de Reinserción familiar y la vulneración de los derechos de los niños, niñas y adolescentes en la sociedad Protectora del Niño huérfano y abandonado Hogar Santa Ana
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Trabajo Social, 2018-04)
    Viera Armijos, Karla Marcela
    ;
    Espín Miniguano, Anita
    In view of the manifestation of this situation, which affects the rights of children and adolescents, a measure is provided in which the family is the first foster institution through the strengthening of family ties so that the child has and has a decent home and above all guaranteeing a permanent family that provides values, education, health and above all love, allowing him to grow in an appropriate family environment. The principles, whether family, legal or constitutional, that all citizens possess, and especially children and adolescents, allow to exercise the rights in an adequate and above all protected way for the integral well-being of the minor. Consequently, institutions such as households, the government and people associated with social work should be involved in family reintegration in order to correctly establish the situation of children and adolescents so that those children can return to live with their parents or family members, family reinsertion is the fulfillment of the rights of all minor, that is to give them the opportunity to develop in a healthy way the judicial process in which they are active partitions. In addition, it is necessary to indicate the correct application of the person who performs the social work because it must analyze, study and protect the child, before and during the child's prevalence and economic and emotional situation in the face of the case of adoption and even when the child reaches the age of majority.