Jurisprudencia y Ciencias Sociales
Permanent URI for this communityhttp://repositorio.uta.edu.ec/handle/123456789/892
Browse
17 results
Search Results
Item Uso de la detención con fines investigativos y el menoscabo al principio del Debido proceso en el Caso Lex(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-04-01) Segura Pallo, Karla Daniela; León Trujillo, Edisson SantiagoThe legal figure called detention for investigative purposes established in the Comprehensive Organic Criminal Code (COIP) in the Republic of Ecuador, legally seeks to generate a procedure where the basic constitutional guarantees and rights are fulfilled, seeking the effective realization of justice. Therefore, the present investigative project seeks to demonstrate the use of this precautionary measure and its impact on the principle of due process, focusing on the "Lex" case. An innovative study of the regression towards an inquisitorial system that may be occurring in current judicial practice is introduced, a phenomenon that has not been sufficiently studied in Ecuadorian legal doctrine. In addition, it constitutes a novel scientific perspective by exploring how this legal figure, which should be a limited investigative tool, has become a way of violating constitutional rights of the persons investigated. For this, a methodological study of an explanatory type is applied, under a qualitative, casuistic, and analytical method that allows to demonstrate a distorted use of detention; In this sense, this investigative work is immersed in the line of research of “Public policies, law and society”. Which allows to have as main result that the precautionary measure of detention for investigative purposes violates the principle of due process, and subjects the detainee to undue pressure, which reflects a legal regression both in the Ecuadorian penal system and in human rights. Concluding that the application of detention for investigative purposes in effect undermines the principle of due processItem Derecho a la defensa en los procedimientos Administrativos sancionadores pos la Universidad técnica de Ambato(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-27) Lopez Acosta, Andrea Cristina; Romo Santana, José LuisThe right to defense in administrative sanctioning procedures is one of the fundamental guarantees of due process, which ensures that every person has the opportunity to exercise their rights and defend their legitimate interests in the face of any controversy that may arise. The objective is to analyze the constitutional and infra-constitutional bases of the right to defense in the substantiation of the sanctioning procedures followed by the Technical University of Ambato. Combining the above, it is necessary to specify that the methodology used in this research work is based on the application of empirical methods of legal research such as: synthetic, inductive analysis and content analysis of documents of the legal regulations of the processes supported in this house of studies; on the other hand, the approach is qualitative and the technique is the interview of a population of 15 people involved in these procedures in addition to legal professionals specialized in the administrative area. Concomitantly, it should be noted that the line of research will focus on Public Policies, Law and Society, which represents an interdisciplinary approach to understanding and transforming social reality; the isma that analyzes the interrelation between public policies, the legal framework and social contexts that contribute significantly to the development of fair, equitable and sustainable societies. In this sense, the main conclusion indicates that the Technical University of Ambato has the responsibility to ensure that all its members have the necessary procedural guarantees to exercise their right to defense based on the exhaustive analysis of the internal regulations of the UTA, which recognizes the right to defense and the existence of clear, prior and public legal norms in the administrative practice in sanctioning matters.Item Derecho a la defensa del procesado en los delitos por mala práctica profesional(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Espinosa López, Nelly Fernanda; Poaquiza Poaquiza, Ángel PatricioThis research aims to determine the importance of the right to defense in cases of professional malpractice across all fields, particularly in the context of judgment. The Constitution of the Republic of Ecuador and the Comprehensive Organic Criminal Code adhere to established norms, embodying a state of rights and justice. This research seeks to address shortcomings in judging professional malpractice at all stages of investigation leading up to the trial hearing. International treaties and our Constitution guarantee all citizens a fair and equal justice at all stages, as every person is innocent until proven otherwise, considering that currently there has not been able to provide a specialized due process before the processes responsible for judging the act of a negligent homicide due to malpracticeItem El derecho a la defensa y el recurso de apelación en las contravenciones de tránsito no privativas de libertad(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2021-01) Núñez Diaz, Freddy Josué; Frías Raza, Sergio Edmundograduation work under the modality of Research Project entitled "THE RIGHT TO DEFENSE AND THE REMEDY OF APPEAL IN TRANSIT INFRINGEMENTS THAT ARE NOT DEPRIVED OF FREEDOM". Its purpose is to protect the legal security of people who guarantee due process in the judicial system and that their right is not violated by the application of the appeal in a sentence determined by a judge at the time of determining their responsibility. The right to defense is a legal instrument used by State institutions and enshrined by the Constitution in all legal proceedings so that it complies with the dissipations of this code without violating the legal security of people within a process that prevails their rights and responsibilities such as the case of drivers who are subject to traffic violations, so they have 3 days to make a challenge for an alleged violation committed and therefore at the time of the hearing request an appeal when it is not fully demonstrate the evidence or evidence that makes it responsible or not at the time the judge determines a sentence against the affected persons, when considering this type of remedy it does not give sufficient legal guarantee and it is there where it makes it impossible for said persons to apply this recourse so you are affected by the loss of points on your driver's license and the mu Economic lta that generates all traffic offenses typified in the Comprehensive Organic Criminal Code, so this reduction would prevent you from having your documents up to date, such as the renewal of your points on the driver's license and the payments that are subject to cancellation due to the fine that generates all custodial or non-freedom violations. We understand by right to defense the right that all people have within a legal process recognized by the Constitution, our Magna Carta which prevails and is permanently above and in the laws of our country. During the development of this project, issues of great importance in the constitutional and criminal area will be discussed, a clear and concrete idea of the constitutional principle such as the right to defense, inherent to every person who has a legal procedure in our country.Item Juicio político en el Ecuador y la facultad fiscalizadora de la Asamblea Nacional(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-01) Taco Herrera, Evelyn Germania; Jordán Buenaño, Jeanette ElizabethThe legal institution of impeachment was born as a parliamentary procedure through which the legislative body can impose sanctions on certain government officials when they are deemed to have engaged in legally inappropriate conduct; impeachment is an instrument for the exclusive use of the legislative function who indirectly exercises the will of the people through its supervisory power. In this sense, the political trial constitutes a constitutional process whose purpose is to materialize the principle of responsibility enshrined in the constitution. Through this institution is of a mixed nature due to its political and legal origin; The purpose of this legal institution is to investigate the conduct of the high-ranking authorities in order to determine their political responsibility and apply the corresponding sanctions. The investigation determined the way in which the State's supervisory power currently performs in the face of a political trial, the way in which it is accepted or disposed of due to the political preferences that are in charge of the Oversight and Control Commission. Political. The study revealed the affectation suffered by the supervisory power of the National Assembly in terms of political trials since, as it has been shown, there are irregularities when recommending or not a political prosecution by the commission of political control and oversight, demonstrating in this way that the control depends on the political situation that the current government exercises, thus damaging the representative democracy of the country. The research was based on qualitative methodology through interviews with people specialized in political science, such as advisers, assembly members and legal experts, the development was carried out through the theoretical, doctrinal and legal foundation of aspects related to impeachment and the supervisory power of the National Assembly, in order to determine the incidence of the impeachment process in the supervisory power of the legislative body and develop legal criteria in relation to the supervisory power of the National Assembly in relation to the impeachment process. The result of the investigation makes possible a reform in the organic law of the legislative function where it is tacitly established that the qualification for impeachment is carried out by the plenary session of the National Assembly and not only by unanimous decision of the oversight commission.Item El derecho a la defensa en el procedimiento expedito para la contravención contra la mujer y miembros del núcleo familiar(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-01) Gómez García, Norma Cristina; Garzón Villacrés, Iván ArsenioWith the promulgation of the COIP, under the premise of rapid justice, the prevailing policy in Ecuador, new procedures have been implemented, in addition to the ordinary, the direct procedure, the abbreviated procedure; and, the expedited object of analysis in the present investigation; the first two are applicable in the case of crimes, while the last is applicable for contraventions. The main objective of this research is to detect the right to defense in violations of violence against women and members of the family nucleus, for which a bibliography of the topic has been analyzed, in which I have been able to determine criteria in which the right to defense, the principle of orality, contradiction and immediacy are important without leaving aside the other principles within a criminal process. Likewise, interviews have been carried out with honest professionals, who, due to the position they occupy, have high expertise in the matter raised; having gathered these criteria, it has been possible to understand that in this type of procedure that are regulated by the COIP, the difference is established in contraventions against women and members of the family nucleus of flagrant and non-flagrant nature; that is, in the announced test and at the time of its execution. As well as the criterion that in the procedure specifically that of violence against women, they must be executed through a principle of justice, something that is opposed to the criteria of some interviewed judges to the prevalence of a criminal policy that seeks to prevail over the victim for his condition of vulnerability and finally it is clearly established within the analysis of the investigation that the constitutional parameter of appearance to the support of the expert report is mandatory in all criminal action, in accordance with the provisions of Article 76, numeral 7, literal j, in accordance with the provisions of Article 505 of the COIP, when there is a contrary rule established in rule 15 of Article 643 of the COIP, which states the prohibition of attending to give testimony in audience professionals who work in the technical offices of the courts of violence against women and the family, said reports will only be incorporated into the process and will be valued in the hearing; reason why this provision violates the constitutional norm, the right to defense, the principle of immediacy and directly to the principle of contradiction.Item La acción de protección y el procedimiento probatorio en el derecho constitucional ecuatoriano(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-10) Quishpe Cherres, Lucia Elizabeth; Jordán Buenaño, Janeth ElizabethThis research work is initially directed at the study of the jurisdictional guarantee of protective action, its origins, conceptual evolution, characteristics, as well as its normative evolution in Ecuador, linked to its effective assessment in the face of the violation of constitutional rights and its direct relationship with evidence, starting from the analysis of the principles that surround it, its characteristics and importance, as well as the constitutional right to evidence as a guarantee of proof. From which, the inexistence of a procedure that regulates the performance of the evidence in the jurisdictional guarantee of the protection action is specified. Therefore, the presumption of the lack of a specific evidentiary procedure in the jurisdictional guarantee of protection action is confirmed, which generates a violation of the right to due process. Constitutional law in its exercise of guardianship and custody of constitutional rights and constitutional guarantees is directly affected by the lack of regulation of evidence in the Organic Law on Jurisdictional Guarantees and Constitutional Control, considering that this is the law that regulates the functioning of the Constitutional Court and the procedures of constitutional control in Ecuador. Hence the need to establish a procedure for the taking of evidence in the area of jurisdictional guarantee of the action of protection. Based on the fact that this jurisdictional guarantee is characterized by the protection demanded by a different legal discourse than the one that has traditionally been used in Ecuador, it requires progressive rationality, constituting a doorway to the solution of rights violations.Item El ejercicio privado de la acción penal y el garantismo procesal en el código orgánico integral penal(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho penal, 2020-10) Paredes Fuertes, Fernando Eduardo; Acosta Morales, María GabrielaThe purpose of this investigation is to deepen the study of the private exercise of criminal action. The procedure as much as its applicability in the exercise and even more its direct connection with the procedural guarantee, as a new figure of the criminal dogmatic that consists in establishing the international parameters as well as constitutional of the right of due process and of the victim and processed in the palestra of the procedural system. The quantifiable methods to determine an exact consolidation of values that allow criticizing, analyzing and projecting conclusions have been developed through statistical data of the causes entered in the last year in both public and private action crimes, and its application has been qualified in the procedural guarantee, analyzing and applying surveys to professional, the same ones that have issued their criteria regarding the guarantees of the right to defense, precautionary measures and judging in absence. Likewise, we analyzed the ways to extinguish the private exercise of the action as a way to enforce the claims of the parties, as well as those crimes existing in the Ecuadorian legal as crimes of private action in a comparison to foreign standards that contain a wide range of private crimes that could be included in our criminal system. The forgetting of the legislative body as well as the excessive interference of the State has caused the non-existence of reforms to guarantee an effective process of private action, consequently, the low application of it produces the violation of procedural guarantees as well as unnecessary budgetary spending and procedural congestion. Therefore, the reforms are necessary for the improvement of the private procedure of the action, as well as the effectiveness of the procedural guarantees under the protection of a correct application of criminal justice.Item El derecho de recurrir ante las resoluciones o fallos de la función legislativa en el juicio político(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-08) Silva Bustamante, Luis Alberto; Melo Delgado, Rosa HerlindaThe main objective of this research work is to deepen the importance of the right to due process in guaranteeing recourse to the resolutions issued by the legislative function within the impeachment, given that in Ecuador, regarding the topic of investigation, its absence has been historical. The Constitution of the Republic of Ecuador, in its Article 76, numeral 7, literal m), establishes the right that people have to appeal a resolution or a decision when deciding on their rights, for which reason, when existing express regulations, the violation of this right is clearly evident, which is linked to the right to defense and therefore forms part of due process. In this sense, since there is no possibility of appealing the resolution adopted by the National Assembly in a political trial, due process is violated and therefore the politically prosecuted are affected in their rights. It is important to emphasize that the right of appeal is a constitutional right of scope for all people without exception. Therefore, by restricting this right in terms of impeachment, the principle of equality established in Article 11, numeral 2, ibid, is transgressed directly, in which it is prescribed that all persons shall be subject likewise with respect to rights and obligations, as well as the right to formal, material equality and non-discrimination enshrined in Article 66, numeral 4 of the constitutional text. Thus, when carrying out this reform, these constitutional precepts would harmonize the Constitution for its proper application. Therefore, by virtue of the aforementioned, there is a need for a higher body to review whether the procedure carried out in a political trial has been adhered to and respecting due process, so that, in this way, to be the aforementioned resolution must be ratified or distorted in this instance.Item Derecho a la defensa en el procedimiento directo en delitos de tránsito(Universida Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2020-02) Masabanda Paredes, Christian Patricio; Portero Castillo, Aracelly del RocioThe present investigative work has its origin in the rights violation suffered by people prosecuted for crimes of transit, when their right to defense in the Direct Procedure is aggravated; this type of procedure does not comply with all the procedural guarantees that must be guaranteed to the procedural subjects; noting that only the accusing party benefits. The methodology applied in the present investigation was field through the application of surveys to legal professionals, in addition to the collection of bibliographic data and the analysis of similar cases that have relevance at the national level. As the main conclusion of the investigative work, it was evidenced that in the granted term it is unlikely that all the elements of charges and defense will be known by the Office of the Prosecutor, so that the principle of objectivity that should be fulfilled will not be fulfilled. To exist in an accusatory system. The application of the Direct Procedure is obligatory whenever it is in the crimes considered in article 640 of Criminal Integral Organic Code, which entails that there is an inequality between the protected rights of the accused in an ordinary procedure and in the direct procedure.