Jurisprudencia y Ciencias Sociales
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Item La Garantía Constitucional de Hábeas Corpus; Caso Jorge Glas(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-21) Arguello Rosillo, Jhomyra Mishell; Vargas Villacrés, Borman RenánHabeas Corpus is a Constitutional Guarantee established in the supreme norm of the Ecuadorian legal system, whose importance lies in the immediate recovery of the freedom of a person who is deprived of it, provided that the procedure applied has been illegal, illegitimate or arbitrary. It is also executed in a scenario where the life or physical integrity of a person who is inside a penitentiary center is put at risk. However, in recent years its essence has been distorted and therefore, it has given way to an inadequate and excessive application. Therefore, the objective of this investigation is to carry out an analysis of both the procedure that was used in each of the Habeas Corpus legal actions presented in the “Jorge Glas” case, as well as the sentences issued by the corresponding judicial chambers and the revocations carried out by the State and thus, to determine whether there were irregularities within this specific case. For this purpose, this research applies a descriptive study, with the qualitative, analytical and synthetic method; therefore, it is immersed in the line of research on public policies, law and society. Thus, as a result, it has been determined that there are several distortable elements within the process of applying this constitutional guarantee, such as: the competence of judges, jurisdiction, requirements and regularization of the same. And because of this, this research concludes in the denaturalization of the right, since the actions proposed by Mr. Jorge Glas were resolved based on a criterion far removed from the object and nature of Habeas Corpus as a Constitutional Guarantee.Item La Educación superior pública y los derechos de libertad ideológica(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-21) Coronel Acosta, Oscar Roberto; Guerrero Zuñiga, ÉdisonThe importance of this research on public higher education and the rights of ideological freedom lies in questioning the state and political involvement in public universities in Ecuador, as well as the transformations and control that the governments in power acquire over them once they take office. This gives rise to the inquiry into to what extent the political doctrines represented by each government have influenced the formation of the values and procedures of the third level educational apparatus and whether the actions derived from such inclinations have violated the freedom of ideology and, beyond that, whether higher education can truly be considered free of political and ideological doctrines. The research was carried out with a descriptive methodological approach, for which interviews were conducted with leaders of student associations in three public higher education institutions in Ecuador and also through surveys of students from the institutions, UTA, UNACH, UCE. Furthermore, this research aims to determine the impact of the political power of the government on the academic and ideological training of future Ecuadorian professionals through public higher education institutions. The research has shown that, despite the fact that there is no indoctrination as such in higher education institutions, there are isolated acts and procedures that denote micropoliticization and the institutions are vulnerable to intrusions of politics from political spaces outside the universities, and especially from the agenda of the current government with a political inclination towards left-wing ideologies. Influencing in this way the values with which they will end up achieving the exercise of their profession. Finally concluding that despite the above, there are no clear and explicit politicizations in the institutions studied, although there are behaviors that correspond to the ideology of government models with left-wing ideologies and the hierarchically superior figure of an authority can result in a potential threat to the ideological freedom of its administrators by exercising their ideology in a deliberate and imposing way.Item La fianza y la administración de justicia en materia penal(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-11) Velasteguí Gómez, Aarón Adolfo; Acosta Morales, GabrielaThe importance of the present investigative work lies in the fact that it tends to an adequate judicial tutelage and legal security, without this constituting a symbolic postulate. The administration of justice in criminal matters must therefore apply and guarantee the rights of the parties, mostly the weakest subject in a criminal process (accused or accused). The methodology applied is the qualitative one, which consists of the investigator approaching or making contact with a real subject or individual, which offers useful and pertinent information, based on experiences, values, opinions, through techniques such as interviews or documentary analysis. The human being as an individual, being the cornerstone of social development, the Line of Research corresponds to Integral Social Human Development. The proposal is that, through a reform of article 522 of the Criminal Comprehensive Organic Code, the bond should be incorporated and establishe as a precautionary measure of a personal order other than pre-trial detention, in order to avoid to the extent that it restriction of the fundamental right to personal freedom.Item Privación de la libertad por deudas y la afiliación al seguro social(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-12) Gavilanes Rivera, Néstor Iván; Sánchez Espín, Jorge EnriqueIn Ecuador the freedom to reach apogee through the different social demonstrations that repressed citizens, the promotion of this right reached its goal when plasta in the supreme rule of the country. Freedom as one of the rights subject to protection and guardianship, which is contemplated in the Constitution, which guarantees this right and Ecuador's lack of concern, because no special procedure has been established for the execution of the right to be carried out as a consequence of disrespect and the unenforceability of freedom because no one can be deprived of liberty for debts with their respective exception with respect to food judgments. The inadequate sanction to the non-affiliation to the Social Security with deprivation of the freedom, is product of several causes and effects that entail to that this arises as it is the great contradiction to the constitutional norm that at the moment exists in the Ecuadorian legislation, already to the existing this problem creates a violation of work for both workers and employers, having effect that this contradiction of rules causes a state disinterest in Social Security workers are forced to reach illegal agreements between employers and workers. In the absence of a solution to the problem and continue to apply the provisions of Article 244 of the Comprehensive Criminal Organic Code will continue to violate the constitutional right of employers in their right to freedom and not deprived of this right due to debts. It is up to Ecuadorian Ecuador to dictate the norms that regulate the coexistence in society, with a coercive capacity is Ecuador who, through its dependencies, dictates the policies in function of improving the different types of coexistence, focusing on the rights of the people, including the freedom as a means that should be used to improve life in society.Item La concurrencia de la responsabilidad penal y el sobreseimiento(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-04) Guaigua Maldonado, Cecilia del Carmen; Poaquiza Poaquiza, Angel PatricioThis investigation is based on the fact that it is not only aimed at guaranteeing principles, guarantees and constitutional rights that are established both in the Constitution of the Republic of Ecuador, and in the Comprehensive Organic Criminal Code, what is sought is that through a legal reform to accede without restrictions to these principles, guarantees and rights. To be consistent with the present investigative work is always part of the provisions of the Constitution of the Republic of Ecuador of 2008, as the supreme rule, which has constitutional supremacy over any other law, then focus on the International Treaties and Agreements ratified by Ecuador, with the only exception that the same when dealing with human rights are even on the Constitution. The Right to Judicial Protection, comes to make the paradigm of this work, because its main objective is the legal protection of rights, which can not be violated by justice operators. It should not be forgotten that fundamental rights are born with modern constitutions.Item La protesta social y el derecho a la resistencia en el Ecuador(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017) Lascano Pizarro, Pamela Estefanía; Tite Tite, Segundo RamiroAbstract: This research work takes as its priority the inexistence of an effective mechanism that contributes to a complete analysis of the concept of Social Protest; Just as the impact it has within each community, people or nationality also implies its importance so that the imposition of sanctions on the different acts or omissions by the citizenship are not violated. This Law analyzes the Freedom and Justice inherent to each human being, also studies the amnesties granted in the Ecuadorian State and its weak confrontation with the reality of form equivalent to the crimes that confuse with the son and to make that its criminal sanction to a person With a major penalty It also studies the Institutionality of the State, the Systematic Policies employed by the Executive and the persecution that as a force make its stability is intimacy under strategies. This mechanism makes the repertoire of strategies adopted by each Government for a framing, legal and social politician in which the executive focuses on his power without admissible failures and that are restricting the true Criminalization of Social Protest. Why the relentless pursuit of eternal Justice.Item El Código Orgánico integral penal y la aplicación constitucional de penas alternativas a la privación de libertad en los delitos sancionados con prisión(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2016-04) Alpusig Jacho, Digna Isabel; Pazmiño Vargas, Klever AlonsoThe graduate work in the form of thesis entitled "INTEGRAL ORGANIC PENAL CODE AND APPLICATION OF PENALTIES CONSTITUTIONAL alternatives to deprivation of freedom for offenses punishable by imprisonment," born from the idea and view that when people have the possibility of advancing as a result of the evolutionary process of humanity, must assume a higher state of consciousness aimed at start searching for answers to the problems of others and seizing them know that the output can be provided less a problem for personal concern and a major step for the collective development of society. Under this consideration, the present investigation seeks to provide a new alternative rehabilitation for those who for various external factors such as social, economic and political inequality; and interns in your household have fallen prey to crime without finding out, so improving the methods of social reintegration and rehabilitation can improve their living conditions, concluding that the offender is corrected with unison participation of society and State. Because this standard improves and eliminates criminal inquisitorial system in the country and well as the rehabilitation of offenders not only with the enforcement of the sentence in a rehabilitation center but also a service and remuneration to the society that affect your criminal attitude. Since conditions of prisoners in social rehabilitation centers that are serving a sentence, they are affected in their physical and psychological rights, due to the inadequate conditions in which they live; resulting injured their rights to a decent life, integrity, health and the very principle of the dignity of the person and in which most detainees would be willing to meet an alternative to deprivation of liberty in the terms and conditions provided that the judge in order to compensate for some strategic place both the victim and society.Item La violencia intrafamiliar y el derecho de libertad de la mujer(2015) Vásquez Chérrez, Jéssica Esthela; Paredes Aldas, GabrielaLa presente investigación persigue la regulación de la violencia patrimonial como una de los tipos de la violencia intrafamiliar, este tipo de violencia afecta especialmente el derecho de libertad de las mujeres que son víctimas de este tipo de agresiones; con esta investigación se pretende que se tipifique este tipo de violencia en la legislación ecuatoriana. La violencia patrimonial vista desde el ámbito jurídico es todo tipo de violencia o agresiones que pueden llegar a ser víctimas las mujeres; esta puede ser cualquier acto u omisión que afecta el patrimonio o la supervivencia de la víctima, y se presenta como la transformación, sustracción, destrucción, retención o distracción de objetos, documentos personales y valores, derechos patrimoniales o recursos económicos destinados a satisfacer sus necesidades, y puede abarcar los daños a los bienes comunes o propios de la víctima En la legislación Ecuatoriana en el Código Orgánico Integral Penal sólo se encuentran tipificados tres tipos de violencia intrafamiliar, como lo es la violencia física, psicológica y sexual; dejando en la indefensión a las víctimas de violencia patrimonial que no tienen un respaldo legal en el cual puedan denunciar este tipo de agresiones. A pesar que el Ecuador tiene ratificado varios tratados internacionales en contra de la violencia intrafamiliar en los que ya se reconoce la violencia patrimonial como un tipo de violencia doméstica; este tipo de violencia no se encuentra normada en las leyes ecuatorianas. La violencia patrimonial afecta a un derecho fundamental de todo ser humano que es su derecho a la libertad; ya que este tipo de violencia tiene por objetivo controlar los recursos o bienes de la víctima, o de los que ella tiene posibilidad de gozar, y satisfacer sus necesidades básicas que todo ser humano necesita para sobrevivir. El Estado debe garantizar a todos sus ciudadanos una vida libre de violencia y el respeto a todos sus derechos y garantías reconocidas en la Constitución y Tratados Internacionales. This research aims at regulating the economic violence as one of the types of domestic violence, such violence affects especially the right to freedom of women who are victims of such attacks; this research is intended that such violence is punishable under Ecuadorian law. Patrimonial violence, seen from the legal field is all violence or attacks which women may become victims; this can be any act or omission that affects equity or survival of the victim, and is presented as the transformation, theft, destruction or retention of objects, personal documents and property belonging to the victim of spousal or common society; economic rights or economic resources to meet Their needs. In the Ecuadorian legislation in the Code of Criminal Law only three types of domestic violence are criminalized, such as the physical, psychological and sexual violence; leaving defenseless the victims of economic violence that have no legal backing in which to denounce such attacks. Although Ecuador has ratified several international treaties against domestic violence in which violence and heritage is recognized as a type of domestic violence; however, this type of violence is not rationed in the Ecuadorian laws. Patrimonial violence affects a fundamental right of every human being, that is his right to freedom; since this type of violence aims to control the resources or property of the victim, or that she has a chance to enjoy, and meet their basic needs that every human being needs for survival. The state should guarantee all citizens a life free of violence and respect for all rights and guarantees recognized in the Constitution and international treaties.