Jurisprudencia y Ciencias Sociales
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Item La aplicación de medidas Socioeducativas y la seguridad jurídica en los adolescentes infractores(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-11) Zuñiga Garrido, Pablo Xavier; Tipantasig Cando, Jaime TarquinoSome scholars through the analysis of the phenomenon of crime have established several theories about the offender, indicating it as that which is done, but not born, this means that it is society itself that influences certain human behavior, in this case the commitment of crimes. So if society allows its development, it can stop or diminish criminal indices in a certain way. The present project is of considerable importance since it has the purpose of investigating how the Organic Code of Children and Adolescents, with respect to the Application of one or more Socio-educational Measures, violates the legal security of the offending adolescent since we understand that The responsibility is different from that of an adult person, responsible for their actions. Therefore, the realization of this research is feasible, because it has the necessary resources, on the one hand, the economic one, which will be assumed by the researcher, as well as having the necessary bibliographic information. In this way the present project would contribute to a productive future and contribution to the family and society by an adolescent offender, in order to recover confidence in the Ecuadorian criminal reeducation system.Item 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 WilfridoThe 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.Item El régimen de visitas y el derecho a conocer a los progenitores y mantener relaciones con ellos(2016-02) Zurita García, Jessenia Alejandra; Poaquiza Poaquiza, Ángel PatricioThis research aims at setting a minimum hours for visitation as well as the determination of penalties to the parent who has custody of the children and adolescents and prevent compliance with the visitation established by decision thus allowing the rights of children and adolescents, especially the right to know the parents and keep affective, personal, permanent and regular relations with them are respected. From the legal aspect visitation is an inalienable right, which is granted by the parent able to stay with the child who lives separately a timely manner, in an atmosphere of privacy, to maintain a regular relationship and direct promoting proper communication between father and son. In the Ecuadorian legislation are few data found about visitation, this issue has been treated with little importance, so much so that in 2013 a draft amendment to the Organic Code of Childhood and Adolescence was presented, which included issues visitation, specifically one of the purposes was to incorporate the guidance for the judges to guarantee the right of children and adolescents to develop and maintain a personal, direct and regular relationship with their parents norm, unfortunately only he stayed not planned and carried out the enactment of such a law. Although the Ecuadorian State has rules governing visitation, society requires that these are updated. This means that you need to be incorporated in the Code of Childhood and Adolescence base hours for visitation, as well as the appropriate penalties for the parent who has tenure and fails to comply with the dictation system. It is also necessary that society, the judges and Ecuadorian families aware of the rights possessed by children and adolescents so that they are protected, thus fulfilling their best interests and full development.Item El acogimiento familiar y su incidencia en el desarrollo integral de la niñez del hogar Santa Marianita de la Ciudad de Ambato(2015) Masache Peña, Almilca Paquita; Quiroga López, Malena Karina, Lcda. MgEl presente trabajo investigativo fue realizado con el propósito de analizar la realidad del Acogimiento Familiar y de qué manera este influye en el desarrollo integral de la niñez, se fundamenta en el sistema integral de protección, como incluye la modificación del llamado servicio judicial de la niñez; mediante el tema: “El acogimiento familiar y su incidencia en el desarrollo integral de la niñez del Hogar Santa Marianita de la ciudad de Ambato”. Analiza que es el acogimiento familiar, como cuidado temporal que brinda a un niño, niña o adolescente que por el momento no puede vivir con sus padres biológicos, porque ellos están atravesando una situación de crisis. La des institucionalización de niños, niñas y adolescentes, que no tienen familia con quien puedan contar, por encontrarse en diferentes instituciones de acogimiento, involucra a diferentes actores, pero de manera trascendental a las familias ecuatorianas como miembros de un equipo, que cumple y protege sus derechos.This research work was conducted with the aim of analyzing the reality of Foster Care and how this affects the overall development of children, it is based on the comprehensive system of protection such as including modification called judicial service childhood; with the theme: "Foster care and its impact on the overall development of children of Hogar Santa Marianita city of Ambato." Scan is foster care, foster care as offered to a child or teenager who at the moment cannot live with their biological parents, because they are going through a crisis. Deinstitutionalization of children and adolescents who have no family with whom to tell, because they are in different child care institutions, involving different actors, but transcendentally to Ecuadorian families as members of a team, that meets and protects your rights.