Jurisprudencia y Ciencias Sociales

Permanent URI for this communityhttp://repositorio.uta.edu.ec/handle/123456789/892

Browse

Filters

2023 - 20266

Settings

Start date: 2023Subject: search.filters.subject.JUSTICIA

Search Results

Now showing 1 - 6 of 6
  • No Thumbnail Available
    Item
    La justicia restaurativa y el procedimiento expedito en el sistema penal ecuatoriano
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-09) Moscoso Tapia, Kenya Camila; Acosta Morales, María Gabriela
    This thesis, titled “Restorative Justice and Expedited Proceedings in the Ecuadorian Criminal Justice System”, examines the influence of restorative justice on expedited proceedings within the Ecuadorian criminal justice system, taking into account the existing limitations to its implementation and the need to strengthen mechanisms aimed at comprehensive reparation and the building of a culture of peace. The overall objective was to analyze the influence of restorative justice on expedited proceedings in the Ecuadorian criminal justice system. The research was conducted using a qualitative approach, through a bibliographic-documentary and field study, supported by methods that allowed for the examination of doctrinal and normative foundations, as well as specialized criteria related to the subject under investigation. The research techniques employed included documentary analysis and interviews with a judge, a prosecutor, and a practicing attorney, all of whom are experts in the field. The results revealed diverse criteria regarding the application of restorative justice, identifying limitations related to lack of awareness, limited dissemination, insufficient specialization, and the absence of uniform mechanisms that would allow for its proper implementation within expedited proceedings. It was also determined that the application of restorative mechanisms can help strengthen dialogue between the parties and lead to a more comprehensive remedy for the harm caused. It was concluded that, while there is a legal basis for their application, practical and structural difficulties persist that limit their effective use, making it necessary to strengthen guidelines and mechanisms that allow for a more comprehensive and uniform application within the Ecuadorian criminal justice system.
  • Thumbnail Image
    Item
    Obstáculos normativos y acceso a la justicia de mujeres víctimas de violencia física en la Parroquia de Santa Rosa
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-01-22) Flores Vargas, Emilia Anahí; Ramiro Tite, Segundo
    This research examines the normative, institutional, and sociocultural obstacles that hinder access to justice for women victims of physical violence in the Parish of Santa Rosa. Although national legislation recognizes violence against women as a serious human rights violation and establishes mechanisms for protection, its practical implementation at the local level remains limited. These shortcomings manifest in delays in reporting procedures, inconsistent criteria for risk assessment, and insufficient issuance of protection measures. The study employs a qualitative approach, supported by documentary analysis, legal review, and interviews with institutional and community actors involved in the local response system. This methodological framework enabled a comprehensive understanding of how legal and institutional shortcomings affect victims” ability to seek and obtain justice. Findings show a significant gap between the legal framework and its effective application, aggravated by limited institutional resources, inadequate infrastructure, and the absence of specialized personnel. The research also identifies persistent institutional revictimization, characterized by repeated recounting of traumatic events, insensitive treatment, and procedural delays. Additionally, sociocultural barriers —including fear of retaliation, economic dependence, normalization of violence, and social stigma—continue to discourage women from reporting or pursuing legal action. Weak inter-institutional coordination further undermines the effectiveness of the justice system in Santa Rosa, resulting in duplicated efforts, fragmented information, and insufficient follow-up in high-risk cases. Based on these findings, the study proposes several recommendations, including strengthening the local application of national legislation through unified protocols, improving training in gendersensitive and trauma-informed approaches, expanding institutional resources, preventing revictimization, promoting community awareness, enhancing inter-agency coordination, and establishing accessible reporting mechanisms and monitoring systems. The research concludes that ensuring effective access to justice for women victims of physical violence in Santa Rosa requires a comprehensive and integrated approach that addresses legal, institutional, and cultural dimensions. Such efforts are essential to reducing impunity, guaranteeing protection, and advancing the right of women to live free from violence.
  • Thumbnail Image
    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 Ramiro
    This 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.
  • Thumbnail Image
    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 Dalila
    The 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.
  • Thumbnail Image
    Item
    El poder y la justicia en la Comuna Huapante Grande
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Trabajo Social, 2025-02-24) Ramos Castillo, Evelin Pamela; Naranjo Ruiz, Viviana Fidencia
    The present research work aims to analyze the impact of power on decision-making related to justice in the commune. This research is part of a research project approved by CONIN: UTA-CONIN-2023-0234-R. The main objective of the research is to determine how power influences justice decisionmaking in the Huapante Grande Commune, addressing concepts such as the distribution and types of power present in the community context, as well as the predominant type of justice in conflict resolution. To achieve these objectives, a mixed methodological approach was adopted, which combined quantitative and qualitative techniques. In the quantitative field, a structured 22-item questionnaire was applied to the inhabitants of the commune, evaluating dimensions such as power and justice using a Likert scale. In the qualitative field, in-depth interviews were conducted with community leaders. These tools made it possible to collect information on the inhabitants' perception regarding community participation, transparency and equity in conflict resolution. Among the main results, it was identified that power in the Huapante Grande Commune is concentrated in certain key actors, including community leaders and influential families. Likewise, it was observed that, although the community values community justice mechanisms, perceptions of inequality and lack of transparency in some processes persist. The research also revealed a significant influence of cultural and social factors in the administration of justice. The conclusions highlight the need to promote more inclusive and participatory practices to guarantee an equitable justice system that reflects the needs and values of the community. In addition, the importance of strengthening the capacities of community leaders to administer justice in a transparent and effective manner is underlined. This study represents a significant contribution to the understanding of the interactions between power and justice in community contexts, offering guidelines to improve local justice systems and foster social cohesion.
  • Thumbnail Image
    Item
    El control de convencionalidad en la administración de justicia en el complejo judicial en la ciudad de Latacunga en el año 2021
    (Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado: Maestria en Derecho Constitucional, 2023-01) Altamirano Guerra, Verónica Cristina; Vayas Castro, Guillermo Santiago
    The present degree work modality Development Project with the general objective: “Analyze to what extent the control of conventionality is used in the administration of justice in the Judicial Complex of the city of Latacunga in the year 2021”, in order to know if these legal tools were applied within a given space and time, that is, dimension the scope of the 55 international treaties and conventions ratified by Ecuador within the protection of Human Rights. Conventionality Control has been invoked in various cases of the Inter-American Court of Human Rights, as in the judgments of the Constitutional Court of Ecuador, with the purpose of promoting a legal practice with a human rights approach. The present work allowed us to understand the origin and development of the stages of conventionality control, its parameters, so it is the duty of the Ecuadorian State that the Treaties and Agreements are respected through its authorities and justice operators, not only with the objective to repair, but also to prevent