Jurisprudencia y Ciencias Sociales

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Author: search.filters.author.Núñez Pérez, Danilo FernandoHas files: Yes

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    Análisis de la valoración de la prueba y el principiode seguridad jurídica en actos de violencia psicológica
    (Universida Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Maestria en Derecho penal y procesal penal, 2020-03) Núñez Pérez, Danilo Fernando; Vallas Castro, Guillermo Santiago
    The assessment of the evidence and the security principle are important bastions within Ecuadorian legal processes. The credibility in criminal trials, allow to support the human rights of the accused, supported by legal certainty and in compliance with established laws. The objective of the investigation is to analyze whether the assessment of the evidence affects the principle of legal certainty in the context of criminal trials related to acts of psychological violence, to safeguard the human and legal rights of the accused in the cases. The research is descriptive, field and exploratory qualitative, framed towards the pragmatic. It should be noted that psychological violence is already recognized as a crime in the field of law. The psychological and physical effects are necessary to know them, to understand the seriousness of their consequences towards the victims. The results of the investigation lead us to the recognition of the importance and relevance of the evaluative tests; since they serve as support for the decisions of the judges to the accused. With regard to legal certainty, it is clear that it is the backbone of the Ecuadorian legal system, and it is necessary that it be recognized in the criminal areas of the country and, especially, in cases of psychological violence. It is necessary to strengthen the internal legal processes, in order to give a clear and secure vision to the criminal legal system in general. As a conclusion, from the moment of facing cases of acts of psychological violence, knowing the internal legal procedures in Ecuadorian regulations, allows to give relevance to both the assessment tests and legal certainty. In short, it is shown that the assessment tests are so relevant; which serve both to prove a fact and to reverse it. The legal mechanism that judges use to make procedural decisions is technically based on legal certainty and the ethics of legal professionals.
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    La violencia Obstétrica y el Derecho a la Salud reproductiva
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2016-05) Núñez Pérez, Danilo Fernando; Espín Sandoval, Luis Fernando
    All conduct, acts or omissions by health personnel who directly or indirectly, in the public sector and the private, affects the body and reproductive processes of women, expressed in a deal dehumanized obstetric violence is considered an abuse of medicalization and pathologizing of natural processes. A clear example of obstetric violence is when women at delivery are reviewed by a doctor and a group of practitioners, without asking permission, or respect for her modesty and without explaining what is happening and no privacy. In addition to many times they made comments mocking the patient. Violence against women is a state problem, since there are several rights violated, and also constitutes a public health problem, unfortunately by the State has not spread the rights of the pregnant woman, so you do not there is no penalty under the law to punish those who violate these rights. While it is true obstetric violence is a reality in our country, there is some difficulty for women to make their complaints, including lack of a standard, well that does not exist among women aware of their rights in relation to pregnancy care, childbirth, postpartum and post-abortion care. Obstetric practices are so naturalized violence among women who know they are violating their rights. The Ecuadorian State, through the creation of a rule that punishes the violation of the rights of women obstetric, guarantee the right to have to have all the information related to their treatment and the right to receive from the health personnel the best deal possible, given the limitations of sexual and reproductive health, ensuring equal access and quality of care regardless of socio-economic or cultural background of women.