Jurisprudencia y Ciencias Sociales
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Item El acoso cibernético y el derecho a la intimidad personal(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-12) Suárez Melo, Karla MicaelaABSTRACT The present project was carried out to investigate cyber bullying and the right to personal privacy, because currently this problem affects society in Ecuador, as the cases of cyber bullying are increasing, which is being done through electronic means, making use of the internet, and social networks among others, where the main objective is to damage the image of a person before society, thus violating the right to privacy of people, Although cyberbullying is not classified as a crime in the Comprehensive Organic Criminal Code, there are other crimes such as intimidation or psychological violence that start from this form of harassment and are studied throughout this project. The importance of this research is that cyberbullying can be regulated because it violates the right to personal privacy, whose rights are inherent in human beings, which creates a legal vacuum. In addition, a legal study of both variables is carried out in the research background, the scientific method is used through a survey addressed to the Judges of the Criminal and Fiscal Unit of the Ambato Canton, so that they give their legal criteria about the problem raised after the respective analysis of the result and verification of the Hypothesis of it, it has been possible to reach the respective conclusions and recommendations where a solution to the problem is given as a proposal, which is stated for posterity.Item El poder punitivo del estado y la proporcionalidad de la pena para el delito de peculado(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-12) Santamaría Altamirano, Diego Paúl; Tite, Segundo RamiroABSTRACT The Punitive Power of the State or Ius Puniendi "consists of the sanctioning power it has to impose a penalty on anyone who has infringed a legal norm. This represents an emanation of its sovereignty, and not a mere subjective right to punish". (Gonzalez, 2014). This power that a State has to impose the sanctions that correspond to each one of the crimes, allows it first of all to carry out a thorough study of the law to establish penalties according to the gravity of each crime; it is for this reason that the people in charge of making the laws must be people with sufficient preparation, with the necessary knowledge, to try not to make mistakes. The proportionality of the penalty is nothing other than to hope that both the authorities and those who draft the Constitution and the different laws of a State do so with this in mind, precisely so as not to punish drastic minor crimes with drastic penalties and instead impose low penalties for major crimes. The Argentine writer Eugeni Zaffaroni states about proportionality: "The principle of rationality can be assimilated to the principle of punitive proportionality since it is considered undermined at the moment of imposing penalties that are not in accordance with the unfairness caused by the commission of a crime, which must be inexorably considered in order not to further injure the principle of humanity through the imputation of irrational penalties. (Zaffaroni E., Criminal Law, General Part, 2005, p. 325). In Ecuador, the offence of graft must be punished according to the gravity of the offence, because the damage caused is to the national treasury, which affects all Ecuadorians. As has been seen in recent years, the scandals have been at the level of the countries of South and Central America, seriously affecting their economies because, according to the investigations carried out, the damage caused is several million dollars. The Ecuadorian State has the obligation to arm itself to prevent the crime of graft, or at least that people think twice before doing so, because they will know that the penalties that are going to be imposed are severe, to protect the economy of the State and thus establish proportional penalties for each crime that affects the efficient public administration. The doctrinarians Günther Jakobs and Manuel Cancio Meliá, in their book Criminal Law of the Enemy, maintain that: "...there also exist processes of criminalization "the old way", that is to say, the introduction of new penal norms with the intention of promoting its effective application with any decision, proceedings leading to new criminal rules that are applied, or to the stiffening of penalties to existing rules". (Jakobs & Cancio Melía, 2003)Item El testimonio del coacusado en procesos penales y su valoración como medio de prueba(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-12) Zamora Falconi, Pamela Michelle; Pazmiño Vargas, Klever AlonsoABSTRACT This research work is carried out to improve the Ecuadorian legislation regarding the scope of the testimony of the co-defendant in criminal proceedings and its evaluation as a means of proof, which focuses on demonstrating how it can violate the principles established in the Constitution of the Ecuador and in the international instruments and treaties on Human Rights signed by our country. Currently, the subject has a benefit for the legal sciences, legal scholars, legal professionals, procedural subjects and society in general, given that the issue has generated innumerable arguments at the time of applying Article 507 of the Comprehensive Organic Code 2014 . At the beginning of the investigation an in-depth analysis is made about the concepts and basic notions about topics such as testimony, witness, co-defendant, the test, means of proof, evaluation of the test and evaluation of the testimony, as well as the laws that they are valid and repealed, in order to reach a clear conclusion. The work continues with its study not only based on bibliographic sources but also on the analysis of the results obtained through field research with the technique of surveys carried out to legal professionals that contain knowledge of the aforementioned concepts and current standards. and repealed belonging to our State. The investigation concludes with the reproduction of examples to support the generation or reform of laws that better regulate the testimony of co-accused in criminal proceedings.Item El indulto presidencial en delitos contra la Administración Pública y el principio de seguridad jurídica.(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-12) Gavilánez Gavilánez, Alex Diego; Vayas Castro, Guillermo SantiagoABSTRACT The present titling work deals with the granting of the presidential amnesty in crimes against public administration and the principle of legal certainty, which in our country has taken a very political dye and generated rejection and distrust of this administrative act of the Executive who made use of of this purely discretionary power, it makes the decision to benefit a person deprived of liberty and who, in turn, recovers his freedom immediately, leaving aside the actions of the justice apparatus and also causing damages to the State such as the granting of this thanks to people who have been prosecuted and sentenced for the crime of peculation, important because crimes against public administration affect the national interest, the common good of a nation. The qualitative and quantitative approach is used due to the nature of the information collected through surveys and the application of interviews to experts in constitutional law and criminal law and is part of the research line of integral social human development due to the nature of its content, its objectives and whose proposal is developed through the promulgation of a special law that regulates the presidential pardon, limits it and specifies its minimum requirements taking into account the recent cases of crimes against the public administration that the country is going through and the region; in order to avoid committing them without those responsible face the consequences.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 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 EdmundoABSTRACT 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 developmentItem El delito de estafa y la permisibidad de conciliación en casos excepcionales.(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-11) Tiván Lascano, Alex Marcelo; Acosta, María GabrielaWith the present investigative work, we seek to analyze the possibility of conciliating within the crime of fraud, thus adapting this alternative method of conflict resolution which seeks in a quick and effective way to repair the damage caused to the victim, reaching a consensual agreement between the parties in which the right is not violated in any way. Within the following premise will be analysed the benefit that entails the possibility of conciliation within the reparation to the affected victim within the crime of fraud, as well as the benefit to the Ecuadorian State in the viability, efficiency, speed and saving of resources that this entails State so that when reaching an agreement between the parties could end a judicial process or even not start it.Item El principio de control de convencionalidad en las sentencias emitidas por la corte Constitucional del Ecuador(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Comunicación, Desarrollo y Cambio Social, 2019-12) Pascumal Luna, Ricardo Fabian; Mayorga Naranjo, Nelson EduardoThis article gives an account of the object of the control of conventionality, in reference to the subjects obliged to apply it in the domestic legal system, from the perspective of the Inter-American Human Rights System. However, it was inquired how this principle is applied in the sentences issued. by the Constitutional Court of Ecuador, and its impact on the internal legal order of the State. The importance and interest of this research is focused on the fact that through the methodology of content analysis, 276 sentences of the highest constitutional body in the country were studied, with the purpose of determining the degree of application of conventionality, understood as conventions, judgments, advisory opinions and in itself the control that all administrative, judicial and jurisdictional authority must perform. The results were surprising, 99% of the sentences studied they do not apply the principle of conventionality control. We would explain why Ecuador has been declared internationally responsible before the Inter-American System, in addition to the payment of millions in compensation for reparations to the victims. The conclusion drawn from this investigation is that we have an unconstitutional legislation and jurisdictional system. It is essential to conclude that the Constitution of the Republic of Ecuador and no other norm of the internal legal order does not contemplate how and who should perform the control of conventionality of all acts derived from the jurisdictional organ, existing a normative and dogmatic vacuum in this regard.Item El derecho al libre desarrollo de la personalidad de los adolescentes y el principio de legalidad en los delitos de violación(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Comunicación, Desarrollo y Cambio Social, 2019-12) Arcos Morales, Jorge Enrique; Frias Raza, Sergio EdmundoThe proposed investigation takes place in the scenario of the right to free development of the personality of adolescents and the principle of legality applied in the criminal proceedings for rape offences, when the accused are offending adolescents. Thus, at first it would seem that there is an antinomy between legal principles; thus determining the objective of the investigative work, i.e. to check whether there is indeed a conflict between principles, as it is conceived superficially or failing that there are events that link the differentiation between a valid rule versus a current rule. The research was based on a qualitative approach; cases and decisions issued in criminal proceedings against adolescent soreness for rape offences were analysed; this from events that translate to the exercised adolescents their right to free personality development have had sexual relations with effective consent; facts that in the legal scenario and assessed in the criminal proceedings, come to determine socio-educational measures that are depriving of liberty against the indicated adolescents. It can be said that the Constitution of the Republic of Ecuador, when it states that adolescents will enjoy the common rights of the human being, in addition to those specific to their age; recognizes and guarantees a catalogue of rights, in favour of children, this with the aim of reaffirming the recognition of children and adolescents, as subjects of rights equal to all human beings, in all meanings and without limitations, satisfying the need for the right legal instruments to protect and ensure their integral development. It was concluded that both the right to free development of personality and the principle of legality are valid rules; however, in criminal cases where rape offences have been prosecuted against adolescents who have had consensual sex, it is verified that the principle of legality applies out of force, distorting the legal effects for which the above-mentioned optimization budget was created. In this line, the results obtained from both the application of the interview form to Judges of the Family, Women, Children and Adolescents Unit of the canton Ambato, Prosecutor of Adolescent soreness, and the Director of the Center of Adolescents Violators of the canton Ambato; as well as the implementation of the survey form applied to adolescents with custodial socio-educational measures for the crime of rape, thus corroboratingly the objectives proposed in the investigation. Finally, a proposal for reform to Article 171, numeral 3 of the Criminal Comprehensive Organic Code, is presented with the aim of harmonizing this legal provision with the dogmatic budgets of the Constitution of the Republic of Ecuador, which involves related rights interdependent and interdependent, among others, priority care, comprehensive development, free development of the personality and dignity of adolescents; sincere lylaws valid for full-term status, under the parameters of specialty subject to the Constitution, the International Instruments of Human Rights and the law.Item El discurso de la Iglesia Evangélica y los cambios Socioculturales en la Comunidiad Compañía Labranza Cantón Colta(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Comunicación, Desarrollo y Cambio Social, 2019-12) Arias Zapata, Marco Augusto; Naranjo Gamboa, Byron OrlandoThis research paper analyzes the evangelical discourse and socio-cultural changes that occur in the Compañía Labranza community belonging to the Colta canton. The study revolves around the main messages that are emitted in the ceremony or cult, they can be known through an informative table raised as a proposal, where what is said, what is said, what is not manifested and the intentionality are identified. Several statements are taken into account as a starting point as a qualitative investigation is sought in each message the "function manifests the consequences recognized and consciously sought by individuals, and by latent function that is not recognized or sought" (Marín, 1976). The results achieved allowed them to construct guidelines that contribute significantly to understand what is behind the evangelical discourse, intention of the message and the type of communication used.