Jurisprudencia y Ciencias Sociales
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Item La garantía de la motivación y el procedimiento de ejecución coactiva en el cobro de títulos de crédito en el IESS(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrerda de Derecho, 2025-03-21) Osorio Villarroel, Darlin Ismael; Vayas Castro, Guillermo SantiagoThis research analyzes “The Guarantee of Motivation and the Coercive Enforcement Procedure in the Collection of Debt Instruments in the IESS”, addressing the relationship between the constitutional rights of debtors and the effectiveness of the coercive administrative procedure. This mechanism is fundamental to guarantee the recovery of state resources, but its application must comply with standards of legality, proportionality and respect for due process. The central problem lies in the lack of adequate motivation in the debt instruments issued by the Ecuadorian Social Security Institute (IESS). The absence of clear and precise grounds in these administrative acts generates risks of nullity, violates the right to defense and affects the legal certainty of the administered parties. In turn, these shortcomings lead to legal conflicts that hinder the collection of legitimately owed amounts, weakening the institutional legitimacy of the IESS. The research identifies several critical areas, including deficiencies in the motivation of administrative acts, the impact of coercive measures on the rights of debtors, and the regulatory and operational limitations in the execution of these procedures. There is a need to reinforce the principles of reasonableness and proportionality, to ensure clarity in the drafting of resolutions and to train the personnel responsible for issuing them. In methodological terms, the qualitative approach made it possible to analyze the legal and doctrinal context, while the quantitative approach provided concrete data on the results of the coercive procedure. This comprehensive analysis offers a detailed view of the tensions between the requirement of motivation and the effectiveness of coercive collection, proposing regulatory and strategic reforms to improve the legitimacy of the process. Ensuring proper motivation in IESS administrative acts is fundamental to balance public and private interests, promoting a fairer and more efficient social security system. This study contributes to strengthen legal certainty and citizen confidence in public institutions.Item La recusación por retardo injustificado y la seguridad jurídica(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado. Mención Derecho Civil y Procesal Civil, 2023-08) Uruchima Guapisaca, José Manuel; Poaquiza Poaquiza, Ángel PatricioThe present investigation arises due to the lack of clarity of the regulations in relation to recusal for unjustified delay. First, recusal is a legal figure contemplated in the Organic Code of the Judicial Function (COFJ) of Ecuador. This figure grants the parties involved in a judicial process the possibility of requesting that the judge in charge be replaced by another one, as long as the reasons presented are justifiable and accepted by the other parties. This raises a question regarding the violation of legal certainty. This principle guarantees that the laws are clear and in accordance with the Constitution. Recusal is a legal recourse that allows citizens to request the removal of a judge from a case, when the judge is in any of the grounds established by law. It must also be understood that recusal should not be used as a strategy to delay the process. The Code of Judicial Organization and Functioning establishes that the recusal request must be presented within the term established by law, otherwise, it may be rejected. Article 22 of the COGEP addresses this figure, but there is controversy as to the time period in which unjustified delay is considered as grounds for recusal. On the other hand, Article 149 of the COFJ establishes that the delay in the dispatch of a case may be grounds for recusal if it exceeds 90 days plus one for every 100 pages. The lack of clarity in the regulations may contravene the principle of Legal Certainty. In order to carry out the research, a qualitative methodological approach will be used and methods such as analytical, synthetic, historical and inductive will be applied. In legal research, the qualitative approach implies an exhaustive analysis of a topic, problem or hypothesis through the collection and evaluation of qualitative information.Item La intervención de la fuerza pública en delitos flagrantes y seguridad jurídica(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2021-09) Mena Moreno, Steve Rodrigo; Pazmiño Vargas, Kléver AlonsoThe social media impact of critical situations for the human being are simply transient for a population that only clamors for justice, but human reasoning demands the study, investigation and separation of all the variants that are part of an event to find answers and perpetuate social harmony, This adds to the peculiar interest of the researcher to stick to the subject of criminal sciences and constitutional law to investigate about the Intervention of the Public Force in Flagrant Crimes and Legal Security, which delves into determining the role played by the public force in flagrant crimes that allow the exercise of rights and legal security. The modality of extraction of field and documentary data, thus arriving at the connotation of the constitutional legal premise with a concrete and clear message, but gave the certainty of identifying pathogenic agents of citizen security and at the same time having the conviction of the existence of means and strategies that are attributions of entities belonging to the public service, functions that are not reflected in the daily life of citizens or police. The research topic merits the application of qualitative methodology to be able to discern intrinsic elements that constitute the common good of citizen security, in the field and documentary modality at a correlational and explanatory level, with the use of interview techniques and normative legal sources submitted after the analysis, the field agents studied are personnel of the National Police of Ecuador relevant to the research, especially the First Corporal of the National Intelligence Directorate of the province of Galapagos David V. procedural subject of the Mascarilla 2018 case. All of the above gave rise to the formation of the present research work, which with current normative and experimental truthful bases that has the commitment to provide recommendations under the legality of the Ecuadorian regulatory system and the composition and management of attributions of the National Police of Ecuador.Item La constitucionalización de los criterios de ilegalidad arbitrariedad e ilegitimidad y la acción de hábeas corpus en la jurisprudencia constitucional(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-11) Núñez Guerrero, Ritha de los Ángeles; Granizo Haro, Asdrúbal HomeroEcuador's Constitutional Court and the Inter-American Court of Human Rights, through their jurisprudence, they have contained three vital criteria when resolving the judicial guarantee habeas corpus: illegality, arbitrariness, and illegitimacy. These criteria must be applied by constitutional judges at the time of resolving habeas corpus. However, within the administration of constitutional justice, these are used as synonyms, this research seeks to analyze how these criteria are being applied, whether constitutional judges are taking into account the content that both the Constitutional Court has developed such as the Inter-American Court of Human Rights to resolve habeas corpus actions brought to its knowledge. On the contrary, they are resolved without taking into account the development established in the jurisprudence to provide content of illegality, arbitrariness, and illegitimacy. To accomplish this objective, the habeas corpus resolutions issued in 2019 by the Provincial Court of Tungurahua has been analyzed, evidencing the lack of application of homogeneous criteria on the legality, arbitrariness, and illegitimacy that the Constitutional Court and the Inter-American Court of Human Rights, have provided content through their jurisprudence, which, in the last term affects the constitutional justice.Item El derecho a la seguridad jurídica respecto a los Bienes inmuebles en los procesos de prescripción Extraordinaria de dominio(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-10) Coello Hernández, Patricio Ruperto; Jordán Buenaño, Jeannette ElizabethThe purpose of this research work is to analyze and determine whether the absence of an express legal norm that demands the summons to the State as a procedural interested party, in lawsuits directed against the so-called unknown heirs and related to transferable rights and / or property rights over Real estate, especially those relating to causes of extraordinary prescription for ownership, violates the constitutional principle of legal security and other intrinsically related such as the right to defense and due process. In this context, the constitutional principle of legal security is conceived as respect for the Constitution and the law, through clear and precise rules in its mandate. By virtue of the aforementioned, the rules for summoning unknown heirs do not contemplate the possibility of considering the State, as an interested party, according to the succession rules expressed in article 1023 of the Civil Code. Therefore, the lack of legal regulations of an express nature that requires its summons, may violate legal security and the certainty of certain predictability in the law. In the present investigation the qualitative method was used, through the single case study research instrument, an analysis of Judgment No. 019-14-SEP-CC was carried out; By means of a content analysis instrument, extracts of citations of lawsuits on extraordinary prescription of domain were collected; and, through the interview instrument, the position of two judges regarding the subject under investigation was collected. By way of conclusion, it was determined that the State should be cited in cases related to unknown heirs, in accordance with the rules of intestate succession. However, it is an obligation of the judge as procedural guarantor, to verify all the necessary requirements in order to carry out the summons in strict adherence to the law.Item El derecho a la seguridad jurídica y la modificación del procedimiento de rebaja de penas(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-09) Parra Zimbaña, Laura Leonila; Pazmiño Vargas, Klever AlonsoLegal Security in Ecuador is recognized as Right, Principle and Guarantee. As Law, it is established in Art. 82 of the Constitution of the Republic, which is based on respect for the Fundamental Charter and on the existence of previous, clear, public legal norms applied by the competent authorities (Constituent Assembly, 2008). As a Principle, it recognizes the legislature as being constitutionally responsible for creating, modifying or repealing the regulations that involve constitutional rights, and at the same time, it charges the judges with giving certainty and confidence to the citizens regarding the correct application of the law, since, Only in this way can people predict the effects and consequences of their acts or omissions. And as a Guarantee, Legal Security is the foundational and common mechanism for all individuals, guaranteed in the Constitutional Charter in order to protect the individual and collective rights of the inhabitants of the State. In the specific case, since the persons deprived of liberty are members of the Ecuadorian State and constitutionally recognized as a group of priority attention, they enjoy the right to Legal Security and other rights inherent to the human being, therefore, the Council of the Judiciary when issuing Resolution 085-2014 establishes a new requirement and modifies the procedure already existing in the relevant regulations to access the benefit of Reduction of Penalties for Merits, violated the Legal Security constitutionally established, since said requirement that varies the procedure is not covered by Favorability for the inmate, but distressing the procedure that must be followed by those deprived of liberty who have fulfilled the requirements to obtain their early release. This resolution also contravenes the Principle of Reserve of Law, since the Council of the Judiciary is the administrative organ of the Judicial Function, which can only regulate the rights that are guaranteed in the norm and that lacks procedure, but not, negatively modify the pre-existing ones as in the present case, in which through Resolution 085-2014 increases a requirement and changes the procedure previously established in the Code of Execution of Penalties and Social Rehabilitation (National Congress, 2006), in the Regulations Substitute for the General Regulation of Application of the Code of Execution of Penalties and Social Rehabilitation (Executive Function, 2001) and in the Regulation for the Granting of Reduction of Penalties by Merit System (National Council of Social Rehabilitation, 2008). With the application of the information collection instruments, it was determined that the Judicial Council with the issuance of Resolution 085-2014 violates the right to Legal Security, since it is not constitutionally empowered to establish requirements and procedures through a resolution. contrary to those already established, because with this change it is generating a decrease in the percentages of reduction of penalties for merits of persons deprived of liberty, despite the fact that the PPLs have fully complied with training, health, social work, and appropriate behavior programs offered by the Social Rehabilitation Centers, thus harming the Right to Freedom that the inmates who have positively changed their behavior become creditors, also generating prison overcrowding and violation of the other rights enjoyed by persons deprived of liberty.Item Hegemonía del sistema jurídico ordinario y el pluralismo jurídico en el ecuador(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-09) Lozada Mera, Franklin Mauricio; Solano Paucay, Vicente ManuelPlurinationality and interculturality find their recognition in the current constitutions of the region, as well as in human rights, from which arises the right of indigenous peoples to maintain and preserve their ethnic and cultural identity. By virtue of this cultural diversity, indigenous peoples are recognized their own institutions, norms, procedures, and therefore their own legal systems. However, due to legal plurality, tension is generated between the ordinary legal system and indigenous law, regarding the production of law, in addition to the conflict of jurisdictions that arises in its application. On the other hand, it is necessary to point out that legal pluralism is not absolute, but rather has limits, which shows that there is tension between indigenous justice and human rights. By virtue of the indicated aspects, an ethnocentric vision of law could lead to ignorance of indigenous legal systems, eliminating their legal validity and efficacy. Therefore, the empire of western culture over aboriginal cultures would exclude any possibility that legal pluralism has a horizontal relationship with state law. In this regard, it is necessary to indicate that the supremacy of the law produced by the State could simply mean a damage to the cultural survival of indigenous peoples. Hence, an intercultural dialogue is necessary that allows the harmonization of the various legal systems that coexist in the State, so that there is no subordination between them. These aspects will be analyzed in this research work, in order to determine if in Ecuador a hegemonic conception of monism on legal pluralism is verified.Item Los contratos de franquicia y el derecho a la seguridad jurídica del franquiciado(Universida Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2020-02) López Vaquero, Andrea Elizabeth; Jordan Buenaño, Jeanette ElizabethHe present research work was carried out with the objective of determining the degree of affectation to the legal security of the determined contractual part, the weakest that is the franchisee, for which the investigation instrument of the interview was applied. Likewise, the clauses within the subscription of a franchise agreement, the events to the subsequent repetition in them, the controversies within the franchisor / franchisee relationship or the possible contingencies to be raised are analyzed; the scope of Ecuadorian legislation under the protection of franchisee rights, since it owns the licenses provided to it, but not the brand itself. The impact of this research is at the national level and throughout Ecuador this type of commercial activities is developed, contacting the fundamental factor that is making it possible to demonstrate the shortcomings will finally contribute to generating legal certainty to the parties.