Jurisprudencia y Ciencias Sociales

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    Interpretación Constitucional y aplicación de los precedentes emitidos por la Corte Constitucional del Ecuador
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-21) Muñoz Pinto, Xavier Mauricio; Guerrero Zuñiga, Edison
    Constitutional interpretation and the application of precedents issued by the Constitutional Court of Ecuador hold a pivotal role in the practice of Ecuadorian law. Since the implementation of the 2008 Constitution of the Republic of Ecuador, these topics have directly influenced the country's judicial activity. Moreover, there is a significant lack of understanding among ordinary constitutional judges and practicing lawyers regarding precedents in a strict sense, thereby undermining legal certainty. In light of this, the objective is to analyze the relationship between constitutional interpretation and the application of precedents issued by the Constitutional Court of Ecuador. To this end, a descriptive study is conducted using a qualitative methodology, positioning this research within the line of inquiry of “public policies, law, and society,” and addressing its impact on the stability and coherence of the Ecuadorian legal system. The analysis delves into significant cases from the Constitutional Court of Ecuador and gathers high-quality knowledge through interviews with highly recognized constitutional law experts in the country. Thus, the research explores the progress of constitutional interpretation in Ecuador and the risks of overstepping its limits. Additionally, constitutional precedent is defined, outlining its main characteristics, how it should be identified and applied, and ultimately emphasizing the importance of a precedentbased legal culture for the Ecuadorian legal system. Finally, the thesis concludes with recommendations to enhance the understanding of the interpretative role of the Constitutional Court and to strengthen the proper application of precedents
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    Tutela judicial efectiva a la luz de la ejecución de sentencias expedidas por la corte interamericana de derechos humanos contra Ecuador
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-09) Loma Peñafiel, Tatiana Elizabeth; Poaquiza Poaquiza, Angel Patricio
    The Inter-American System of Human Rights is configured as a supplementary mechanism to which recourse is had if the organs, institutions and powers of a State do not fulfil their function of guaranteeing the validity of the human rights recognised in the American Convention on Human Rights (Pact of San José); thus the victims or their relatives can appeal in the first instance to the Inter-American Commission which, if it considers it necessary, will take the case to the Inter-American Court so that it can decide on the appropriate action. This jurisdiction is recognized by Ecuador and therefore these judgments are binding on the Ecuadorian State as provided for in Article 68 of the American Convention. With this background, the present work will analyze the answers to the following questions: How does the lack of execution of sentences affect the right to effective judicial protection? What legal effects does the non-execution of sentences by the sanctioned State bring? What procedural mechanisms can be used to force the State to comply with the sentences issued by the Inter-American Court? The development of the thesis consists first of all of the definition of the right to effective judicial protection as well as its contents, which consist of accessing the organs of justice, obtaining from them a motivated sentence so that the judicial resolutions can be executed, achieving with the latter the materialization of the right to judicial protection and the rights recognized in said sentence; since effective protection is provided for in the Constitution, it is the State itself that must guarantee the effective enjoyment of it. It also explains the type of sentences that the Inter-American Court of Human Rights issues
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    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 Eduardo
    This 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.
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    El cambio de apellido por posesión notoria y el derecho a la identidad personal y colectiva
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017) Naranjo Valdospin, David Rodrigo; Tipantasig Cando, Jaime Tarquino
    ABSTRACT The present investigation was carried out on "The Change of Last Name by Notorious Possession and The Right to the Collective Personal Identity". In the elaboration of this project a thorough study was made both of the antecedents, characteristics, and other ways in which a person can freely change or choose his surname; An analysis was also made of how the right to personal and collective identity is violated with reference to the free choice of surnames, since to be able to carry out the change of surname it is necessary that the notorious possession be proven. It is necessary to propose alternative solutions in order to correctly apply the right to identity and the freedom to choose surnames. In order for the research to be correctly carried out, it is necessary to take a sample of the population so that, in order to have a broader approach to how the project is to be carried out, and to see who are the ones who would benefit from the problem solution proposed in this investigation. With all the research developed, a proposal can be made in which it benefits the entire population affected by the violation of the Right to Identity by applying the regulations of the Organic Law of Identity and Civil Data Management, which states that to carry out the change of surname must prove its notorious possession, for which it was proposed alternatives in which it is focused to grant a solution, and through this people can change, modify and choose the order of their surnames freely, that is exercising the right that people have to the personal identity, to the free election of their surnames. The purpose of the proposal is to reform the Organic Law of Identity and Civil Data Management, so that this law establishes in its regulations the correct way in which the right to personal identity can be applied with the free Election of the surname established in the Constitution of the Republic of Ecuador. Therefore, the right to personal identity in reference to the change or modification of the surname has been studied in a profound and extensive way to be able to apply in a correct way this constitutional right that we as Ecuadorians all have and which is of fundamental application within the Ecuadorian legislation.
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    Medidas sustitutivas y el Derecho de la presunción de inocencia
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-06) Moyolema Chaglla, Luis Alberto; Pazmiño Vargas, Klever Alonso
    The Constitution of the Republic of Ecuador and the international legal instruments on human rights, enshrined freedom of the universal rights of the human being, the procedural rules have mechanisms of claim of those judicial decisions that restrict or limit the right of free mobility for the people. The practice of criminal procedure in Ecuador, has shown the abuse in the application of preventive detention, without taking into consideration that it is a surrogate measure of exceptional staff that must be issued subject to the provisions of the Constitution of the presumption of innocence. The right to the presumption of innocence has been one of the most violated by the organs of the administration of Justice, this study is considered important. The treatment it has received by prosecutors and judges reflects how this beginning has been persecuted at the expense of human dignity; in many processes although there is no sufficient conviction, is fiscal sustains charges without the slightest legal support, and worse accepted by judges under the pretext that the Prosecutor's office is the holder of the investigation and the prosecution, forgetting that they are guarantors of due process. The issues described in this work are entitled "Alternative MEASURES AND THE RIGHT TO THE PRESUMPTION OF INNOCENCE". Presents a theoretical research, based on the concepts, doctrinal views and critical review of legal norms, and information compiled of law professionals who provided their criteria in the survey and the interview, all this collection gives conclusions and recommendations and finally the approach of the legal proposal to reform the Organic Code Criminal Integral (COIP).
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    El alcohotest como elemento probatorio en las contravenciones de tránsito y el derecho constitucional a la seguridad jurídica
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-03) Chango Manobanda, Victor Orlando; Altamirano Zavala, Andrea Marlene
    This investigative work is presented to connoisseurs in the field of law, those dedicated to carry out arduous work in behalf of the community, and in particular to Law students of the Technical University of Ambato. This work is the result of a systematic study of one of the problems that affect society, such as the violation of legal certainty that is developed within traffic violations, a violation that occurs at the moment that, the judge of Traffic, considers evidence of alcohol as sufficient elements to determine that a driver was driving a vehicle under a certain degree of alcohol per liter of blood, and sanctions according to the results issued by the alcohotest device, without considering that, the device of alcohotest is actually measuring the level of alcohol inhaled in the air by a person, and that for that reason, the device of alcohotest reflects the results in milligrams and not in grams, as typified by the Criminal Integral Code. Then we proceed to the detailed analysis with the collection of all the information, manifested in the theoretical framework, being able to describe the scientific background, as well as the psychological and legal basis, in addition to the dependent and independent hypotheses and variables, it was verified that when a traffic judge considers evidence of alcohotest as sufficient evidence to punish a person within traffic offenses, this is violating legal certainty. The methodology designed for the research has a general logic; with the modalities of the field, descriptive, bibliographical, documentary; with the determination of the investigative instruments and its procedure in order to carry out a detailed study of the case, in order to formulate the conclusions and recommendations that led us to formulate a proposal, such as the reform of the Comprehensive Criminal Organic Code, it will allow us to undergo alcohol tests to determine the exact amount of alcohol in each liter of blood and so that the alcohol test be used as mere way for a person to undergo alcohotests. The alcohol test can not be considered as conclusive evidence of traffic violations, since alcohol tests estimate the amount of alcohol exhaled by a person in the air, which is why the results emit it in milligrams of alcohol per Liter of exhaled air, a measure that reflects being different from the one that typifies the Art. 385 of the Code Integral Penal Criminal, since the norm typifies three different scales of alcohol in the person.
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    El Derecho de alimentos en las personas con enfermedades catastróficas y los derechos garantizados en la constitución
    (Universidad Técnica de Ambato, Carrera de Derecho, 2017-02) Dávila Merino, Ruth Noemi; Espin Sandoval, Luis Fernando
    The main objective of this research is to analyze the importance of food law in people with catastrophic diseases and the rights guaranteed in the Constitution, based on the premise that the right to food has a projection to guarantee the welfare of those who You need it. This right is granted by the law adhering a faculty which grants one person to sue of another, which has the means to be able to provide them, everything that needs to subsist in a way corresponding to their social position or status of life, which should cover at least sustenance, room, dress, health, mobilization, basic and secondary education, learning of a profession or trade, since it enables learning for a future life.
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    El interés superior del niño y la custodia compartida
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2017-01) Acosta Luzuriaga, Edisson Lenin; Cortés Naranjo, Edwin Wilfrido
    The graduation work on "SHARED CUSTODY AND CHILD'S BEST INTERESTS", is to propose the institution within Ecuadorian law of joint custody, this in order to avoid the principle the best interests of the child to be violated. In our country after divorce or separation from a partner, the mother is whom in most cases is left with the custody of children, without an assessment of what really is beneficial to the child. Thus the child is deprived of sharing on equal terms with the father and mother; that is, it violates the best interest of the child. Sole custody, currently, the only one applied in our country according to our legislation. In all situations of family crisis it does not contribute to strengthening parental relations subsidiaries; in the contrary, it causes emotional relationships between the child and the parent who does not have custody to disappear. So according to the above, in order to ensure the effective implementation of the rights of children we have seen the need to incorporate into Ecuadorian law joint custody of minor children after a divorce or separation of their parents. Joint custody, according to comparative law, is applied in situations of family crisis, for instance, in a divorce or separation, and is eminent by the fact that parents alter care and coexistence of their children, equal rights and duties, in order to meet their needs both material and spiritual. The application of joint custody in countries like Spain, Chile and others, has been very beneficial, since this prevents children growing up with psychological problems; besides, it also allows children to hold affective bonds with both parents.
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    La tenencia de sustancias estupefacientes para el consumo inmediato y la aplicabilidad de la ley en la unidad de garantías penales de Tungurahua
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2016-11) Villarreal Barrionuevo, Catty Valeria; Cotés Naranjo, Edwin Wilfrido
    The present investigation looks that inside the cases of narcotic substances for the immediate consumption and consequently his judgments, the constitutional beginning and the law are respected, since the lack of partial or complete application damages the constitutional beginning beside creating juridical insecurity and socioeconomic problems. In the Judge of the cases of immediate consumption must be observed 3 fundamental factors that are the tests of post and the tests of discharge due asked realized and presented beside respecting all the beginning in order that it could judge of igalitarian form without being absent to the law respecting beginning and procedural times. In the Ecuadoran legislation in the Organic Code of the Judicial Function only one finds the sanctions to the judges and judges but on not having specified this type of cases in this does not take correct the sanctions established for not applying the law of correct and complete form besides which the above mentioned sanctions are not sufficient to assure the correct, and like that application to come to the equality in the dijudication of these cases, we observe that this to the moment to pronounce sentence is fulfilled in a partial way or several times do not fulfill, due to that does not apply to himself in a correct way the law as for possession of narcotic substances couple the immediate consumption. The judgments must obey to the constitutional beginning beginning with that of equality for what the cases should be judged equally observing the tests, aggravating circumstances, attenuants and in general everything what surrounds to the chance this beginning established in the article 11 and on the other hand the beginning of constitutional supremacy In the decisions will not be able to restrict, to reduce or be not to observed his content this established in same article 4 of Organic Code of the Judicial Function, in case of conflict between procedure of different hierarchy, the Constitutional Court, the judges and judges, administrative authorities and public servants by it, they will solve it by means of the application of the hierarchic top norm.
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    La justicia indígena en al comunidad Salasaca, y los derechos garantizados en el Art. 66 numeral 3 literal c de la Constitución de la República del Ecuador
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2016-10) Sánchez Morales, Nancy Janeth; Cortes Naranjo, Edwin Wilfrido
    The currrent paper focuses primarily on the extensive and painstaking study of inadequate implementation of the Indigenous Justice by the Indigenous authorities, because in my opinion it needs a thorough analysis to address certain shortcomings that produce the violation of constitutional guarantees and rights the same as in a precise manner are disaggregated for better understanding throughout this work. When we discuss about Indigenous Justice reference is made to the ancient customs that have been practiced for several generations back in the communes, communities or indigenous towns, granted by their own tradition, culture and ideology, makes the indigenous justice system in Ecuador one with a special procedure, penalties and process are transmitted orally, they are curative, wanting to achieve in the offender a purification of the soul and spirit. But the Indigenous Justice is confused with lynching or violence, since the administration of indigenous justice is conciliatory and restorative and does not penalize those who violate rules. It should be taken into consideration that judging a person, this is why we must be meticulous and observant in the treatment of this topic, which is why this project provides a solution sought to a series of abuses and irregulaties committed when judging a person in the indigenous area. That is why and for many reasons my proposal is balanced and has a purpose, which will give our Indigenous Justice a new way of judging which will be effective and timely, aditionally it will enjoy Constitutional Guarantees and Human Rights, both for the offender as for the injured without discrimination or abuse people, thus achieving the good life we all pretend to have, working together without rivalry of any kind.