Jurisprudencia y Ciencias Sociales

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

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2020 - 20252

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Tema: search.filters.subject.RESPONSABILIDAD ESTATAL

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Mostrando 1 - 2 de 2
  • Miniatura
    Item type:Ítem,
    Responsabilidad Estatal y la esclavitud moderna: análisis del caso Furukawa
    (Universidad Técnica de Ambato, Facultad de Juriprudencia y Ciencias Sociales, Carrera de Derecho, 2025-08-01)
    Guato López, Karen Nagiely
    ;
    Saca Balladares, Melinton Fernando
    Judgment 1072-21-JP/24 issued by the Constitutional Court of Ecuador reflects the practice of modern slavery through the figure of serfdom on the estates of Furukawa Plantaciones del Ecuador C.A., where abacaleros and tenants lived for five decades in inhumane and precarious conditions, with the prolonged lack of state action aggravating its practice and persistence, giving rise to a systematic violation of rights. The importance of the research lies in the need to actively implement effective control mechanisms and timely preventive measures to combat modern slavery practices, analyzing the role of the state in protecting the rights of individuals in a context of modern slavery. The research approach is qualitative, with the main methods being bibliographic-documentary, synthetic analysis, and case studies, as these allow for the analysis of the ruling. The techniques used are interviews with legal professionals specializing in constitutional law, with the tools being interview guides, analysis matrices, and analysis sheets. This allows for the collection of causes and effects of the legal problem, as it is immersed in the line of research on public policy, law, and society. In conclusion, the study highlights serious flaws and deficiencies in the role of the State as a guarantor of rights, due to the lack of coordination of actions between public institutions, for which reason it is recommended to strengthen and follow up on the comprehensive reparation ordered by the Court.
  • Miniatura
    Item type:Ítem,
    Los principios fundamentales de la bioética y el reconocimiento de la gestación subrogada como Derecho de familia
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-09)
    Puyol Hernández, Lizbeth Karina
    ;
    Poaquiza Poaquiza, Ángel Patricio
    This investigative work is aimed at the analysis of the recognition of surrogate motherhood with the support of the fundamental principles of bioethics, this is possible through the implementation of the guarantee and constitutional currents, the same that through Rights safeguard principles found in the current Constitution of the Republic of Ecuador. After more than a decade, there are still social needs, which despite the great advances in legal issues, the regulatory apparatus has not yet covered certain topics. Considering that Law is the social connection that the individual has with the State, it becomes directly responsible for improving regulations and adapting it to the needs of social assets, to guarantee the provisions of a Constitution that guarantees rights and defends social justice. In context, with the execution of this investigative work, the fundamental principles of bioethics and the recognition of surrogacy as family law are analyzed, since it is determined that the State has the support of rights and principles. In short, it is possible to open the way to the construction of a regulatory body based on this constitutional legal apparatus, for the recognition of surrogate motherhood and thus the State as responsible for generating the necessary conditions for the development of this right, benefit whoever need to make use of this. The investigation is developed from the historical perspective, with legal and doctrinal foundation. With the execution and analysis of surveys carried out, the importance of alternative methods of human reproduction is determined as a conclusion. As an essential recommendation, the normative regulation of this type of medical practices to safeguard human integrity and dignity. Seeking to eradicate clandestinely as a social problem allowing access to the right to health under equal conditions.