Jurisprudencia y Ciencias Sociales
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Item Violencia obstétrica y la protección legal en mujeres indígenas(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-10) Jaya Sasig, Karina Nicol; Acosta Morales, María GabrielaObstetric violence is a form of gender-based violence involving actions by medical personnel that violate the rights of pregnant women. It is currently recognized as a growing problem within the public health system, and despite numerous legislative and governmental efforts to eradicate it, it remains a daily reality. This research, entitled “Obstetric Violence and Legal Protection for Indigenous Women,” aims to analyze the incidence of obstetric violence and the rights of indigenous women. To this end, a qualitative approach was employed, utilizing interviews with a population sample intentionally selected based on the relevance and experience each participant could contribute. The research findings revealed that Ecuadorian indigenous women suffer racism and discrimination from public health system personnel, which has significantly diminished their trust in healthcare professionals. It is important to note that the investigation concluded that legal professionals tend to treat cases of obstetric violence as medical malpractice because this conduct is not specifically defined in the Comprehensive Organic Criminal Code. The investigation allowed for an analysis from a legal perspective but also highlights the social deficiencies that perpetuate this practice today. The research concludes that there is indeed a direct violation of the human rights of Indigenous women and that the lack of recognition of interculturality prevents the full exercise of their rights and hinders their access to justiceItem Análisis comparativo del sistema penitenciario y los derechos humanos en Ecuador y El Salvador(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-01-27) Leon Acosta, Carlos Fernando; Acosta Morales, María GabrielaEcuador is a country that is experiencing a security crisis that El Salvador has already experienced and managed to overcome through mechanisms with divided opinions. Therefore, this research project aims to analyze the penitentiary system and human rights in Ecuador and El Salvador. The methodology of this work was developed with a qualitative approach through descriptive and analytical aspects, in which bibliographical and documentary aspects were used; interviews were also conducted with experts from the legal community specialized in criminal matters. The findings of the research project focused on the existence of a guarantee law in one country and an extremely restrictive one in another, both of which are far apart in terms of effective protection of human rights even when the legislation states that such protection exists; with the analysis of these data we measured the need to implement a model comparable to that of El Salvador in our country. This concludes that the current conditions in both countries are indeed different, but they share a characteristic that draws the attention of the legal universe to the violation of human rights even though it is prohibited by national and supranational normsItem La subordinación al sistema ordinario y la autonomía de la justicia indígena(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-01-27) Tibán Andrade, Ilia Millaray; Saca Balladares, Melinton FernandoThe present degree project, titled “Subordination to the Ordinary System and the Autonomy of Indigenous Justice,” analyzes the impact that the subordination of the ordinary justice system has on the autonomy of Indigenous justice in Ecuador. Although the Constitution recognizes the country as a plurinational, multicultural, and multiethnic State, structural and administrative limitations persist in practice, restricting the full exercise of Indigenous justice. This discrepancy reveals a gap between normative recognition and its actual implementation, directly affecting the self-determination and governance capacity of Indigenous peoples over their own conflict-resolution mechanisms. The general objective of the research was to examine how the subordination of the ordinary system affects the autonomy of Indigenous justice. To this end, three specific objectives were developed: to theoretically substantiate the subordination of the ordinary system, to analyze its causes, and to identify the regulations governing Indigenous justice. To achieve these, a qualitative methodology was applied, allowing for an understanding of the social, legal, and political dynamics that influence this hierarchical relationship between systems. The results show that the subordination of the Indigenous system is real and is mainly manifested through administrative controls, legal limitations, and procedures that position the ordinary system as a superior authority. Despite the constitutional framework recognizing the coexistence and validity of both systems, the State continues to privilege the Western model of justice, generating jurisdictional conflicts and weakening Indigenous autonomyItem El divorcio incausado y el ejercicio del derecho a la tutela judicial efectiva: análisis sentencia Nº 71-21-IN(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-01-27) Alulema Luzuriaga, Kerly Brigitte; Poaquiza Poaquiza, Ángel PatricioThis research, titled “No-Fault Divorce and the Right to Effective Judicial Protection: Analysis of Constitutional Court Ruling No. 71-21-IN”, examines the possible incorporation of no-fault divorce as a legal alternative in Ecuador, allowing either spouse to request the dissolution of the marriage. The study analyzes the Constitutional Court’s decision, which reveals that the Civil Code maintains a rigid system of fault-based grounds by requiring spouses to justify their decision to separate, resulting in significant procedural obstacles. Using a mixed-methods research approach that combines qualitative and quantitative techniques supported by a documentary methodology—drawing on doctrine, case law, and comparative law—the study incorporates interviews with family court judges and surveys of legal practitioners. The findings show that the implementation of no-fault divorce strengthens personal autonomy, freedom of choice, and equality among individuals, promoting a more flexible and less adversarial model of justice. Results also indicate that maintaining a strictly causal conception restricts effective judicial protection, undermines constitutional rights, and violates the principles of efficiency and promptness in judicial proceedings. The study concludes that the Civil Code and the Organic General Code of Procedures must be reformed to formally recognize and adequately regulate this type of divorce, in alignment with the constitutional values of freedom, equality, and justiceItem Perspectivas y desafíos de la ley que regula la eutanasia activa en el Ecuador: Análisis de la Sentencia No. 67-23-IN(Universidad Técnica de Ambato, Facultad de Juriprudencia y Ciencias Sociales, Carrera de Derecho, 2025-08-02) Cepeda Garcés, Karen Nicole; Saca Balladares, Melinton FernandoThis research aims to critically analyze the perspectives and challenges involved in the regulation of active euthanasia in Ecuador, following the issuance of Constitutional Court Ruling No. 67-23-IN/24. This landmark decision recognizes, for the first time, access to a dignified death as an expression of the rights to autonomy, dignity, and free personal development, representing a significant shift in the country’s legal and bioethical framework. The motivation behind this study lies in the need to establish a legal framework that balances the protection of fundamental rights with the prevailing social values of the country. The research was conducted at an exploratory, descriptive, explanatory, and correlational level, using a qualitative approach based on semi-structured interviews with experts in constitutional law, medicine, bioethics, and a religious representative. This methodology allowed for the comparison of viewpoints from multiple disciplines. The analysis revealed the urgent need for an organic law that clearly defines key concepts and procedures, while ensuring legal safeguards for both professionals and patients involved. Additionally, several challenges were identified, including the lack of infrastructure for palliative care, the shortage of trained personnel, limited bioethical education, and the absence of citizen and professional participation in the drafting of regulations. In conclusion, the regulation of active euthanasia must be accompanied by political will, economic sustainability, and an inclusive public debate to build a comprehensive and rights-based legal framework. This thesis seeks to contribute to the legal and ethical dialogue on dignified death in Ecuador, proposing mechanisms that uphold both individual rights and principles of justice and equity.Item Estudio normativo de las infracciones de violencia de genero desde el principio de interseccionalidad(Universidad Técnica de Ambato, Facultad de Juriprudencia y Ciencias Sociales, Carrera de Derecho, 2025-07-31) Carranza Escobar, Domenica Valesska; Tite, Segundo RamiroThis research, entitled “Normative Study of Gender-Based Violence Offenses from the Perspective of the Principle of Intersectionality,” aims to analyze the Ecuadorian legal framework regarding gender-based violence offenses, evaluating whether it adequately incorporates the principle of intersectionality. This principle recognizes that multiple vulnerability factors—such as ethnicity, class, age, disability, sexual orientation, among others—intersect and intensify the violence experienced by many women, especially within structurally unequal contexts. The study was conducted using a qualitative approach, employing legal and jurisprudential review as well as interviews with legal experts. Findings indicate that, although Ecuador has made significant progress with the enactment of the 2008 Constitution, the Comprehensive Organic Criminal Code (COIP) in 2014, and the Organic Law for the Prevention and Eradication of Violence against Women (LOIPEVCM) in 2018, normative and technical gaps remain that hinder the systematic application of the intersectional approach. The interviews reflect consensus among specialists on the urgent need for legal reforms, clear protocols, and training with a gender and intersectional perspective. It is concluded that, while the current legal framework is progressive, it is still insufficient to ensure effective and restorative justice that reflects the diverse experiences of victims. The mandatory incorporation of the principle of intersectionality as a transversal normative and procedural axis is essential to eradicate revictimization practices and to advance toward truly inclusive justice.Item Violencia de género en la mujer adulta mayor(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Trabajo Social, 2025-07-24) Arcos Villafuerte, Heidi Aracelly; Espín Miniguano, Anita DalilaThe present study had the general objective of determining gender violence in older adult women, understood as a complex and multidimensional phenomenon that affects their physical, emotional and social well-being, through a qualitative methodology, using in-depth interviews coded with the ATLAS.ti software, allowing access to deep meanings of knowledge and valuing the voice of the participants. Thematic and axial analysis allowed for the identification of the various types of violence experienced and their consequences. Forms of physical, psychological, sexual, economic, property-related, and symbolic violence were identified, primarily in family settings. This demonstrates structural and persistent violence throughout the lifespan. The reported consequences were emotional, physical, and psychological: constant worry, sadness, sleep disorders, feelings of loneliness, and loss of self-esteem, all exacerbated by age and the lack of specialized care. Among the most significant risk factors were poverty, illiteracy, economic dependency, and residence in rural areas, elements that make violence invisible and normalize, anchored in social structures such as sexism, ageism, and exclusion. The conclusion is that gender-based violence in old age must be addressed from an intersectional perspective, incorporating feminist, gerontological, and human rights theoretical frameworks to offer comprehensive and effective responses. This critical approach denaturalizes violence and proposes pathways for its prevention and specialized care with justice and equity.Item Estigma Social en la Transición a la Vida Adulta de las Personas con Discapacidad Moderada(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Trabajo Social, 2025-02-24) Villena Romero, Gianella Patricia; Torres Carrillo, Silvia SusanaPrejudice and social stigma toward ¡individuals with moderate disabilities persist, limiting their opportunities and hindering their transition to adulthood. These barriers negatively impact access to education, employment, and social participation, perpetuating cycles of exclusion and dependence. This study aims to analyze the relationship between social stigma and the transition to adulthood for individuals with moderate disabilities, emphasizing the challenges faced in achieving autonomy and inclusion. Families and caregivers play a crucial role; however, their overprotective attitudes can unintentionally reinforce stigma and limit independence. The research follows a qualitative, descriptive methodology, involving 11 participants with moderate intellectual and physical disabilities and their caregivers, part of the Home and Community Care Unit in Baños de Agua Santa. Data was collected through semi-structured interviews and life stories, providing a comprehensive understanding of the participants' lived experiences. Results indicate that social stigma originates from entrenched stereotypes, insufficient institutional support, and a lack of societal awareness, which collectively hinder inclusion and self-determination. Psychological consequences, such as low self-esteem and social 1solation, further exacerbate these 1Ssues. The study concludes by proposing strategies for inclusive public policies, educational initiatives, and community-based programs to reduce stigma and foster the full societal integration of ¡individuals with moderate disabilities. These measures aim to promote equal opportunities, independence, and active participation in society.Item La ampliación de la versión para tercero y el principio de igualdad(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-11) Chiliquinga Perez, Johana Maricela; Naranjo Malán, Milton ElderThe research addresses the issue of the disparity in the right to request the extension of testimony within the Ecuadorian criminal process. Currently, this right is primarily restricted to the Prosecutor's Office, leaving third parties at a disadvantage, which violates the principle of equal opportunities and due process. The methodology used in this research is qualitative, based on a documentary and bibliographic approach. An exhaustive review of Ecuadorian legislation, particularly the Organic Comprehensive Criminal Code (COIP), was conducted, along with an analysis of relevant jurisprudence and legal doctrines addressing the principles of procedural equality, legal security, and the right to defense. A jurisprudential matrix was employed to systematize and compare key judicial decisions on the extension of testimony and the principle of equality. The results of the research reveal that the current COIP regulation, specifically Article 508, paragraph 3, creates a procedural imbalance by exclusively granting the Prosecutor's Office the right to request the extension of testimony, denying this possibility to third parties. This imbalance contravenes both the Ecuadorian Constitution and international human rights standards that promote equal opportunities and a fair trial. In conclusion, the research highlights the urgent need to reform the COIP to ensure that all actors in a criminal process, including third parties, have the same right to request the extension of testimony. This would not only strengthen the principle of equal opportunities but also improve equity and justice in the Ecuadorian criminal procedural system. Additionally, it recommends the implementation of training and supervision mechanisms to ensure the correct application of this principle in judicial practice, thereby promoting greater confidence in the administration of justice.Item La vulneración del principio de no regresividad en las excepciones previstas en el art.527 del código integral penal de personas privadas de libertad en flagrancia(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-11) Siza Arias, William Damian; Rodriguez, CristianThe research addresses the violation of the principle of non-regression in the exceptions provided in Article 527 of the Comprehensive Organic Penal Code (COIP) of Ecuador, specifically in the context of extending the uninterrupted pursuit time from 24 to 48 hours in cases of flagrante delicto. This study analyzes how this legal reform can affect the fundamental rights of detained individuals and whether it constitutes a setback in the protection of human rights. The principle of non-regression, enshrined both in the Ecuadorian Constitution and in international human rights instruments, establishes that acquired rights should not be diminished. The extension of uninterrupted pursuit time raises concerns about potential abuses and arbitrary detentions, affecting the right to personal liberty and procedural guarantees. By analyzing rulings from the Inter-American Court of Human Rights, such as the cases of Jorge Castañeda Gutman vs. United Mexican States and Leopoldo López Mendoza vs. Venezuela, jurisprudential standards are identified that emphasize the importance of proportionality and the need for effective judicial remedies to challenge rights restrictions. Additionally, rulings from the Constitutional Court of Ecuador, specifically No. 69-21-IN/23, which addresses the constitutionality of COIP reforms and the principle of non-regression, are evaluated. The research concludes that the reform to Article 527 of the COIP must be justified under strict criteria of necessity and proportionality, ensuring that fundamental rights are not violated. It is recommended to establish clear guidelines for the application of uninterrupted pursuit, implement robust supervision and control mechanisms, and promote continuous training for judges and prosecutors to ensure an application that respects the balance between public security and individual rights