Jurisprudencia y Ciencias Sociales
Permanent URI for this communityhttp://repositorio.uta.edu.ec/handle/123456789/892
Browse
14 results
Search Results
Item 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 Derechos de las víctimas y reparación integral por el delito de violación sexual en el Ecuador(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-02) Pilla Laica, Joselyn Micaela; Tite, Ramiro SegundoIntegral reparation is an obligation of the Ecuadorian state to compensate the impairment of a right and return the victim to the state prior to the damage caused, to mitigate the effects of the same damage caused by the perpetrator, under this context the Ecuadorian state from the constitution of 2008 established mechanisms to achieve an effective comprehensive reparation, specifically in research conducted will address the comprehensive reparation for the crime ofrape, a crime that violates constitutional rights such as sexual freedom, personal integrity, privacy, free development of personality, a dignified life and the right to life itself, it is important to highlight the type of damage that the victim suffers, the consequences suffered and the measures necessary to mitigate or return to the normal state, It is important to highlight the type of damage that the victim suffers, the consequences suffered and the measures necessary to mitigate or return to the victim's normal state, This last factor in certain cases has been impossible to repair since the psychological sequels go beyond the tangible because they are considered a "wound ofthe soul" by the victims and the state can only conceive it as "dignity", which has no price and in certain cases neither psychological help nor money are enough to prevent suicide; It is also inefficient when it comes to the fulfillment as integral reparation the economic payments when they do not possess money or material goods or because they are not suitable and proportional.Item La Reparación Integral: Análisis Comparativo con la Legislación Chilena(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09) Lozano Benavides, Marcela Karina; Espín Meléndez, María CristinaFull reparation is a fundamental concept in the field of human rights, which seeks to remedy the damages suffered by victims of violations of fundamental rights. This research aims to analyze the concept of reparation, its importance and application in different contexts, examining national and international legislation related to full reparation, as well as the jurisprudence of courts and tribunals in different countries. In Ecuador, full reparation is addressed mainly through jurisprudence and national legislation, with emphasis on the responsibility of the State and the protection of victims' rights. In comparison, Chilean legislation also recognizes the importance of reparation, especially in cases of human rights violations during the military dictatorship. The jurisprudence of the Chilean Supreme Court has established the responsibility of the State and the need for effective reparation measures for victims and their families. Although there are similarities in the way Ecuador and Chile approach full reparation, there are also significant differences in terms of legal frameworks, jurisprudential approaches and effectiveness of the measures implemented.Item La implementación de un sistema bicameral en la Asamblea Nacional de la República del Ecuador(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado: Maestria en Derecho Constitucional, 2023-01) Guamán Gaibor, Washington Oswaldo; Guerrero Zúñiga, Edison RamiroThe unicameral parliament entails difficulties and disadvantages that reduce the fulfillment of the functions that the political system expects of it. The purpose of the investigative work was to analyze the contribution of the implementation of the bicameral system in the legislative function of Ecuador. The approach used was of a mixed type, with the collection and collection of information and data for analysis. It was also quantitative and focused on collecting documentation and skills towards the phenomenon addressed. An analysis of Comparative Law was carried out, with a descriptive typology. Documents on the Ecuadorian and international legislative system were analyzed. The population were professionals of Ecuadorian law; a convenience sample of 22 law professionals, familiar with the constitutional branch, was taken. A self-administered questionnaire was designed, with simple selection, with YES or NO response options, with 16 interrogative formulated items. The results of the survey showed, for the dimension advantages of the bicameral system, a unanimously positive aptitude of the surveyed sample with respect to the formulated indicators. In the dimension obstacles to a bicameral reform, 77.3% stated that the Ecuadorian Constitution does have a flexible structure that makes a constitutional reform that establishes a bicameral legislature feasible. In the problems dimension of the unicameral legislative function in Ecuador, the respondents almost unanimously agreed with the existence of all the problems reflected in the indicators. For the most part, there was no positive attitude towards the possible advantages of the unicameral legislative function in Ecuador. It is concluded that, in Ecuador, a reform towards the bicameral parliament to have a National Assembly with better mechanisms for reflection and moderation in the production of laws, as well as a mechanism for the division of powers, is feasible.Item Control de la corte constitucional frente a los estados de excepción por covid 19 y posibles soluciones(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado: Maestria en Derecho Constitucional, 2023-01) Vaca Tarco, Walter Gustavo; Saca Balladares, Melinton FernandoThe violation of rights in all sectors in these last states of exception dictated by the national government has not been guaranteed within our Ecuadorian legal system, so within this investigation we seek to protect this right so that the well-being of people be guaranteed in times of emergency, ensuring that labor autonomy is protected so that they have a dignified life. Everything stated will be analyzed in law compared to other countries that suffered in the same way, so their experiences in relation to this topic of study will be explored and transplanted to our legal system. The subject of study is important and controversial at the same time taking into consideration that on the one hand the right to health, but at the same time the confinement of people entails a series of violated rights, including labor law in different marginal sectors. Therefore, it has been transcendental to investigate if the states of exception were analyzed from every point of view. The methodology used in the research has been with a qualitative-quantitative approach because the information is based on observation and treatment of inequality of rights through interviews and surveys; differences that have been given to people who have access to teleworking and those who fend for themselves through manual work. (self-employed); same that have been developed through documentary research From these surveys, the respondents believed that within the legal system the protection of labor law should be guaranteed in marginalized sectors in states of emergency, since not doing so violates other constitutional rights such as a dignified life, the state of emergency is accepted as health protection, however it is stated that labor law should be protected as a primary source of human beings. Therefore, based on these results, the protection of labor law in marginalized sectors of the Ecuadorian legal system is recommended.Item La fauna urbana y acceso al buen vivir(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2021-10) Velastegui Santamaría, Erika Michelle; Tite, RamiroThe objective of this research was to determine the relationship between urban fauna and the right to good living in the canton of Ambato. It was determined what are the present and future consequences of neglecting the care and control of urban fauna, which put at risk the access to the right to good living, a right that is protected by the Constitution of the Republic of Ecuador. After carrying out the investigation it was obtained that many of the problems that affect the free access of the rights of the good life of the inhabitants of the canton Ambato specifically of the one that makes reference to the access to live in a healthy and balanced environment, offering this way powers to the public entities so that by means of laws they guarantee a properly balanced environment, its care protection and prevention of the damage that these can cause for the Ambateños. On the other hand, it was concluded that the respective public control entities should be the guarantors of the rights of both the inhabitants of their respective territories and those members of the urban fauna, since due to their lack of interest and control they can cause future problems to the correct access to the rights of good living.Item Mecanismos de la reparación integral a la víctima y la justicia inmaterial(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-07) Arias Galiano, Evelyn Gabriela; Arcos Morales, Jorge EnriqueEcuador has adopted integral reparation in its criminal justice system as a restorative element, which constitutes a constitutional right for victims of criminal offenses. It is expressly determined in article 18 of the Organic Law of Jurisdictional Guarantees and Constitutional Control that "The reparation will be carried out according to the type of violation, the circumstances of the facts and the impact on the life project", with which the integral reparation It must be the result of the motivation of the constitutional judge, considering as the main element the proportionality that must exist between thelegal remedies and the declaration of violation of constitutional rights. Additionally, the same normative provision recognizes the type of possible repairs, without being an exhaustive list, which is the result of the reception of international standards; Thus, mention is expressly made of the measures of: restitution of the right, economic or patrimonial compensation, rehabilitation, satisfaction, guarantees of nonrepetition, obligation to investigate, recognition measures, public apologies, provision of public services, health care, among other In such a way that the restitio in integrum provides the victims of the transgressions of constitutional rights to enjoy the right in the most adequate way possible and, as far as possible, it is restored to the previous situation of the violation, when that is possible. Therefore, the following Degree Project aims to generate a study of the genesis of integral reparation, its principles, analyze the damages present in the victims and the reparation mechanisms provided by the Law. A specialized Unit is proposed to attend to the citizenship and the victims of criminal offenses, that only this typicity be addressed since the Public Defender's Office of Ecuador does not provide the specialized and technical attention that the victims need, there is no place where the rights that assist them, the amparo professed by article 78 of the Constitution of the Republic and article 68 of the Comprehensive Organic Penal Code and provide them with the mechanism to make their claims, providing citizens with basic knowledge in legal advice.Item La memoria ancestral desde la óptica constitucional en la aplicación del pluralismo jurídico(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-01) Colcha Pillajo, José Luis; Espín Meléndez, María CristinaThe ancestral memory from the constitutional perspective in the application of legal pluralism, is based on the Andean symbols, which mark the philosophy of the original peoples of Ecuador, which predominate throughout history, as an entity of the cultural wealth of the past, present and future. Among the most outstanding symbols we have the chacana, also known as the Andean cross, which means the beginning and the end of humanity, which is based on the four basic elements such as: water, fire, wind and earth. All this marked its limits with the solstices and equinoxes that lead to the great philosophy of: do not lie, do not steal and do not be idle. In all stages of life in the phase of the earth, there have always been regulations that mark the development and form of government of each power, which today is known as human rights and all in search of a single constitution and world since it is based on the respect of the person for his life and dignified death. In every society in the world, whether of the primitive community or the most advanced such as imperialism or communism, is controlled by legislation based either on natural law or positive law, which must be respected, because each of them have a jurisdiction. own, as well as a right, which is known as Customary Law, because it is predominated and executed by the customs and traditions of its peoples. We will summarize that the ancestral memory acts as a vital element in the elaboration of the constituted power of the world's societies, therefore, there are different forms of government and of solving the problems that we call legal pluralism, which is a set of rules, norms and legally constituted systemsItem Las acciones afirmativas como políticas públicas de igualdad de género en un estado constitucional de derechos(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-11) Chávez Toscano, Ivonne Alejandra; Vargas Villacrés, Borman RenánAffirmative action public policies, also known as positive discrimination policies, have been implemented in Ecuador with the aim of mitigating the multiple factors that cause conditions of discrimination and inequality. Most of all, those that are based on social constructions of gender. According to Rawls (2001, p. 29) “Undeserved inequalities require compensation; and since the inequalities of birth and natural gifts are undeserved, they will have to be compensated in some way”. Thus, the creation of the famous affirmative actions is justified, having as a fundamental pillar the right to gender equality that is guaranteed by the Constitution of the Republic of Ecuador. However, in recent times, several questions have emerged. For example: Why, despite legislative progress in the field of human rights, are there still such marked phenomena of inequality ?; What is stopping a change in the culture and in the symbolic references of the masculine and feminine ?; Are the affirmative actions implemented in Ecuador really working to generate gender equality or do they only reinforce sexist stereotypes ?; How do the design of public policies with a gender perspective based on social constructions of stereotypes affect the social imaginary? The problem that this research work aims to focus on is precisely the impact of the results generated by the application of affirmative actions in our environment. In such a way that it is demonstrated how those, contrary to precautionary the constitutional right of gender equality, are violating it, strengthening the social stereotypes between men and women. As explained in the previous paragraphs, affirmative actions are being created, not only in Ecuador but in various parts of the world. Thus, they are taken as a means of reducing violence and inequality between men and women. However; The present investigation will criticize that this type of affirmative action implies in itself a reinforcement of stereotypes and protection messages for a certain group that needs special measures by the State. Consequently, said situation generates contradiction and debate regarding gender equality as a constitutional right.Item Derecho a la tutela judicial efectiva y la ejecución de sentencias constitucionales(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-10) Zurita García, Jessenia Alejandra; Altamirano Dávila, Carlos FabiánThe investigation addressed the right to effective judicial protection and its impact on the execution of constitutional sentences. As effective judicial protection is a right promulgated in the Constitution of the Republic of Ecuador, it should be fully complied with when executing a sentence, since this right, in addition to contemplating access to justice, due process, ensures that the sentence obtained in a trial is fulfilled. However, currently there are palpable cases where the role of the judge ends with the issuance of the sentence, often leaving it as a mere enunciation of rights or as a dead letter, ignoring that the work of the judge ends only with the complete execution of the sentence. The factors for which the constitutional sentences are not complied with, is the culmination of this investigation since, from that, the actions of non-compliance appear before the Constitutional Court, actions that have been filed several years ago and that to this date they do not have a solution, which is why this concern arises. What justice are we talking about when a person has not been able to have his rights repaired despite having a favorable sentence? The methodology used has both a quantitative and qualitative approach, since, with the data collected from non- compliance actions, the phenomena were interpreted based on the results and the way in which individuals experience the problem was examined. The research describes the characteristics of the unenforced sentences, exposes how the problem arises and, together with theories of various authors, consistent results have been given. With the sample obtained based on the daily experience of the Tungurahua lawyers forum, it is shown that aspects such as lack of clarity in the sentences, lack of motivation, gaps in the sentences, ambiguity, among others, are the factors for which the sentences constitutional are not followed. The investigation concluded with a revelation of the described problem, with a number of causes that have not been able to take effect despite the fact that they have a sentence issued by the competent constitutional body. However, the analysis compared to Colombian legislation provides a solution to the detailed problem, as well as mechanisms that will make our justice a true daily practice, providing citizens who trust in constitutional justice an answer to their needs.