Jurisprudencia y Ciencias Sociales

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

Browse

Filters

2018 - 201912020 - 20251

Settings

Has files: YesSubject: search.filters.subject.PRIVACIÓN

Search Results

Now showing 1 - 2 of 2
  • No Thumbnail Available
    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 Renán
    Habeas 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.
  • No Thumbnail Available
    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 Enrique
    In 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.