Jurisprudencia y Ciencias Sociales
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Item La citación en pensiones alimenticias y el Debido Proceso(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-12) Salguero Mendoza, Galo Bryan; Poaquiza Poaquiza, Angel PatricioABSTRACT The purpose of this investigation is to respect the rights of the defendant, since when there is a demand requesting food for the minor, the person who proposes the claim must summon the feeder, once the judge accepted the process from that moment the Judge sets a provisional pension based on the table of alimony granted by the Judiciary Council, but if the latter (acting) acts in bad faith, it is wrong not to inform the obligor that a lawsuit was filed against him, and when make the citation effective there is a high amount of money that it (driven) must pay in full, as a result of the accumulation of alimony. The defendant is the affected party, since it has economically harmed the same, when at the end of the hearing the Judge in his decision orders the feeder, all the accumulated alimony is canceled. Our General Organic Code of Processes in its article 332, does not establish any term to comply with this provision (cite) therefore it is proposed as a solution to the problem that art. 334 Ibid in order to guarantee due process, so that it does not affect the rights of the feeder.Item Las políticas del sistema de Rehabilitación social y la reincidencia de las personas privadas de libertad(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-07) Abad Sarango, Diana Kruspkaya; Altamirano Dávila, Carlos FabiánThis research paper focuses specifically on analyzing current policies of the Social Rehabilitation System, the purpose of this paper is to analyze the causes and effects that cause the recidivism of people deprived of liberty, based on doctrinaire concepts of authors, jurisprudence and international standards of Human Rights of which Ecuador is a part. It is intended to identify, reaching an analysis of the reasons that have caused serious internal commotion in the Penitentiary System, establishing mechanisms to avoid the violation of constitutional guarantees of the utmost importance and the rights of persons deprived of liberty with a conviction. Currently a controversy has been instituted and continues to generate negative conflicts of competence between the judges of criminal guarantees and judges of penitentiary guarantees, although the competence of each one is typified separately in the reform provisions, article No. 225 and the article No. 230, respectively, established in the Comprehensive Criminal Organic Code; in practice, the same judge that substance, knows and issues the condemnatory sentence is the same one that resolves, knows and issues the termination of the sentence; Therefore by legal mandate there must be an impartial and specialized judge in prison matters, the one who acted on the basis of the area of competence, for not existing the need to raise a draft for reform to the Organic Comprehensive Criminal Code, in the reform provisions , of Article 230 first paragraph; and the creation of the Unit of Penitentiary Guarantees, for the application of their competences that corresponds to both to be watched over the defendant and the victim, as well as to endorse the execution of the process of social rehabilitation, in this way both in adherence to the strict respect to their human rights.Item La situación jurídica del trabajador ecuatoriano y la mano de obra de los migrantes(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-05) Ulloa Ulloa, Diana Mariela; Frías Raza, Sergio EdmundoThe objective of this research is to diagnose the legal situation of the Ecuadorian worker and the workforce of migrants, which has led to many Ecuadorian workers being unemployed, which is why there is a need to inquire into the existing problems. When there is limited access to a decent job, workers would be violated one of the fundamental rights of the human being, such as the right to work itself, which is immersed in our Constitution of the Republic of Ecuador, a right that is paramount to the subsistence and maintenance of families that daily have the need to obtain income through a salary that at least allows them to cover their basic minimum needs. The methodology applied is quantitative by virtue of which statistical data are obtained through visits to public and private work centers in the Ambato canton, Tungurahua province, using the field study as part of the investigation, so that through the data obtained, it is possible to verify the existing reality in the Republic of Ecuador about the legal situation of the Ecuadorian worker; Likewise, an analysis of a descriptive nature will be carried out, which will allow verifying in which legal situation the Ecuadorian workers are and the labor activities that the migrants are performing in Ecuador. At the conclusion of the investigation, a proposal is formulated to regulate and control the labor insertion of migrants in companies located within the Republic of Ecuador.Item El principio de autodeterminación y el reconocimiento a las costumbres ancestrales jurídicas de los pueblos Afroecuatorianos(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-11) Alvarado Pilligua, Johanna Dolores; Vargas Villacrés, Borman RenanThe Constitution of 2008 in Title Two Fourth Chapter develops Collective Rights for the Afro-Ecuadorian people, also establishing recognition of Rights and Principles typified in International Instruments such as ILO Convention 169, Charter of the United Nations, International Covenant on Human Rights Civil and Political, International Covenant on Economic, Social and Cultural Rights. In spite of the fact that the Magna Carta synthesizes Rights to the Afro-Ecuadorian People, the erosion of the Effective Protection of Rights to Black communities is evident, for that reason it is considered that the Legal Pluralism in Ecuador, develops with the Ordinary and Indigenous Justice, infringing the recognition to the Afro-Ecuadorian Jurisdiction. Although there are investigations that reflect the practice of Proprietary Law in Provinces of Esmeraldas and Imbabura, Afro-Ecuadorians are forced to be tried under Ordinary Justice. For this reason, we hold that it is important that the ancestral legal practices of Afro-Ecuadorian peoples be recognized through the Self-Determination Principle avoiding the violation of National and International Rights.Item La proporcionalidad de la pena en delitos de piromanía y los derechos de la naturaleza(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-06) Cunalata Montaguano, Fabian Vinicio; Sánchez Espín, Jorge EnriqueThis investigation is based on the fact that it is not just a comment on the proportion of punishment in the crimes of pyromania, but it is very important to establish that the chords that are in use, which are also used, to protect the rights of nature. through a legal reform. To be consistent with the present research work, it is always part of the provisions issued by the Constituent Assembly, in the city of Montecristi, where the Constitution of the Republic of Ecuador was created in 2008, as the supreme norm, which has supremacy Constitutional All others, including the International Conventions ratified by Ecuador, with the only salvation that needs them, are included in the Constitution. The Right to Effective Judicial Guardianship is the paradigm of this research work, because its main objective is the proportion of sanctions and the legal protection of rights, which can not be violated by the different justice operators. It must be taken into account that fundamental rights with the current constitutions.Item Las condiciones impuestas por las Juezas y Jueces penales y la reincidencia de las personas beneficiadas con la suspensión condicional de la pena(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-06) Chuquitarco Rueda, Alex Iván; Sánchez Espín, Jorge EnriqueThe present investigation intends to seek the guarantee of principles and constitutional rights of the people deprived of liberty, who obtained the conditional suspension of the sentence, through a legal reform and thus be able to avoid the non-fulfillment of conditions imposed by the Criminal Judges. In the evolution of law, our country, which has not been the exception, has carried out reforms and counter reforms to the different legal bodies, always seeking the common good; reforms in criminal matters assume a different and exceptional role to have in their legal requirement the freedom of the human being. For the development of this research work is necessary to start from the provisions of the Constitution of the Republic, as the supreme rule, which has supremacy over any other law, decree, agreement, resolution, ordinance, etc., without neglecting the Treaties and International Agreements ratified by Ecuador, and that when referring to Human Rights are on our Constitution. The Right to have a true control body of the persons deprived of liberty who have obtained the conditional suspension of the sentence, constitutes the paradigm of the investigation, because its main objective is the legal protection of rights, which are not they can be violatedItem La concurrencia de la responsabilidad penal y el sobreseimiento(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-04) Guaigua Maldonado, Cecilia del Carmen; Poaquiza Poaquiza, Angel PatricioThis investigation is based on the fact that it is not only aimed at guaranteeing principles, guarantees and constitutional rights that are established both in the Constitution of the Republic of Ecuador, and in the Comprehensive Organic Criminal Code, what is sought is that through a legal reform to accede without restrictions to these principles, guarantees and rights. To be consistent with the present investigative work is always part of the provisions of the Constitution of the Republic of Ecuador of 2008, as the supreme rule, which has constitutional supremacy over any other law, then focus on the International Treaties and Agreements ratified by Ecuador, with the only exception that the same when dealing with human rights are even on the Constitution. The Right to Judicial Protection, comes to make the paradigm of this work, because its main objective is the legal protection of rights, which can not be violated by justice operators. It should not be forgotten that fundamental rights are born with modern constitutions.Item El principio de irrenunciabilidad de los derechos de los Trabajadores y el abandono del proceso(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-04) Guamán Fuentes, Maryuri Solange; Masabanda Analuiza, Galo IvánAccording to the General Code of Processes - COGEP-, the abandonment is one of the extraordinary ways to end a process, the abandonment of a legal cause could be declared by a judge ex officio or at the request of a party, once 80 days have elapsed since the last notification of the last ruling in a process, being that now the procedural parts in non-criminal trials that have not requested anything from the judge will automatically fall into abandonment. The expiration is a way to extinguish the procedural relationship, which takes place after a certain period of time in a state of inactivity. It does not extinguish the action but makes the procedure void, that is, it extinguishes the process with all its procedural and substantial effects. From what has been said, abandonment is the lack of activity on the part of the actor in the process, leaving or renouncing the impulse of the cause, there is a tacit separation of both the instance and a resource. (Chiovenda G., 1987). The subjective element, are the parties, both actor and defendant, the actor that can be a natural or legal person, at the time the lawsuit begins its purpose is to continue and obtain the final result of a sentence, but for situations of carelessness or change of residence domiciliary does not promote the cause and grants a judicial procurement to the technical defense Art. 41 of the General Organic Code of Processes, are the agents who have power to appear at the process by the or the plaintiff or the defendant, and negligence The lawyer can cause the process to fall into neglect and violate the right of unfairness of the rights of workers.Item Las relaciones interpersonales y la inclusión social de las personas con discapacidad visual en la Unidad Educativa Julius Doepfner de la Ciudad de Ambato(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Trabajo Social, 2017-11) Caicedo López, Tatiana Lissette; Ortiz Díaz, Marcelo IvanThis research aimed to promote the interpersonal relationships and social inclusion of children and youth with visual impairment of the Unidad Educativa Julius Doepfner of the city of Ambato, in recognition of the skills and potential they possess, as well as also to the respect of their condition of life and their development in society. Addressing the issue of social inclusion is to seek a social interrelation between people with disabilities and society, often create social stereotypes, marginalization and grief for this human group, which reduce their self-esteem to consider non-productive. The methodology used in the investigative process was correlational and within the latter research, techniques applied, such as the survey and the interview with the purpose of gathering information about interpersonal relationships and social inclusion of the investigated. With the results obtained, conclusions were drawn that determined the existing shortcomings in the development of skills and competences of labor inclusion for people with visual impairment in society, in addition to discrimination and lack of acceptance of these people; which is why it was proposed as a recommendation to carry out a manual of process for the socio-labor inclusion of people with visual impairment of the Unidad Educativa Julius Doepfner at the Cooperativa San Francisco Ltda., in the city of Ambato; the same one that will have as main objective to create a practical instrument that guides to the inhabitants of the city of Ambato on the acceptance and participation that people with visual disability in their environment and the necessity to develop actions of awareness that involve both the family as well as to the same person with disabilities, thus recognizing their rights, promoting equal opportunities in society and facilitating their accessibility.Item Trabajadores informales y la oferta de mano de obra en la Avenida Cevallos y Tomás Sevilla de la Ciudad de Ambato(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Trabajo Social, 2017-11) Aguilar Guillen, Mary Angélica; Ortiz Díaz, Marcelo IvanThis project is a very interesting proffer to social level, since the whole population lives with this problem, regardless of whether the study is to be carried out in the Ambato´s city, it becomes of public interest for a whole country. According to the calculation obtained and after carrying out the socioeconomic analysis of the unemployed population of Av. Cevallos and Tomás Sevilla streets in the Ambato´s city, we can say that informal workers directly affect the unemployment rate of this locality. According to the survey carried out; 20% of those registered do not have a stable job, so they enter the circle of unemployment, this if we relate at country level whose unemployment rate are above 6%, we can say that it is setting a high trend in relation Country - province. One of the factors due to the lack of employment in our country is undoubtedly the lack of entrepreneurship that society currently suffers. This type of project has social and economic importance, which will allow offering possible solutions to eradicate this problem within the city, in order to allow the workers and the supply of excessive labor to decrease in a considered way. During the application of the survey, it was possible to obtain specific data and above all to know the needs of the population, in order to apply methods and techniques to help solve this problem in our city. After conducting a detailed analysis in the development of this titling project, I have considered a solution to the problem found on the location of the unemployed who are in Tomas Sevilla and Cevallos streets. For this, the proposal I consider is the creation of a non-profit association that is responsible for the reception and administration of the workforce that is unemployed. To do this in this chapter I detail the business plan to be implemented.