Jurisprudencia y Ciencias Sociales
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Item Alienación parental y los derechos y obligaciones parento-filiales en procesos de tenencia y patria potestad(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-09) Chango Chugchilan, Cristina Monserrath; Salame Ortiz, Mónica AlexandraIn the field of civil law, parental authority is established as a fundamental institution of family law that legal doctrine and civil law define as the set of rights and obligations aimed at ensuring the comprehensive development of children and adolescents, thus constituting a shared parental responsibility that is synergistically realized through custody in order to safeguard the child’s material and emotional stability both during cohabitation and following the couple’s separation; this entire legal framework is underpinned by the principle of the Best Interests of the Child, a conventional principle supported by the Convention on the Rights of the Child, which requires that any judicial or family decision prioritize the minor’s well-being, recognizing that the preservation of direct and fluid contact with both parents is not merely a prerogative of adults, but a psychobiological necessity indispensable for the development of the child’s identity, for which reason the assignment of custody is strictly contingent upon that benefit; nevertheless, the effectiveness and protective purpose of this legal framework are severely undermined in judicial practice by the emergence of parental alienation, which stands as a relational pathology and a flaw that distorts parent-child duties because, through a systematic campaign of indoctrination and negative psychological influence, one parent manipulates the child’s psyche and implants a hostile ideological current that generates an unjustified rejection of the other parent, which not only disrupts legitimate emotional bonds but also violates the legal system by transforming the custody process into a scenario of serious systemic violation, and its contemporary jurisprudential interpretation requires an interdisciplinary approach that integrates psychological, social, and pedagogical perspectives, strengthening mechanisms for prevention, early detection, and effective redress of the emotional harm caused.Item Implicaciones jurídicas de la fecundación post mortem en Ecuador(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-08) Masabanda Choco, Samy Dayana; Poaquiza Poaquiza, Ángel PatricioThis research studies the legal implications of post-mortem fertilization in the Ecuadorian legal system, considering the scientific progress of Assisted Human Reproduction Techniques and the absence of a regulation that regulates them in the country. Through a constitutional, doctrinal, and comparative analysis, legal gaps were identified with regard to elements such as filiation, informed consent, identity, and rights of the child conceived post-mortem. A quantitative approach was used to conduct a systematic review of current and international regulations, comparing them with Ecuadorian legislation. Interviews were also conducted with professionals specializing in civil, family, and health law to facilitate a more relevant and accurate investigation. The research revealed that, although the Constitution recognizes reproductive rights and the best interests of the child, Ecuadorian law lacks clear provisions on these techniques, creating legal uncertainty. Through these reviews, as well as interviews with judges and specialists, the need for specialized legislation to guarantee comprehensive protection of the fundamental rights involved was determined. Finally, the study concludes that Ecuador requires an update to its legal framework to harmonize scientific developments with the constitutional protection of the family, children's rights, identity, and the reproductive autonomy and freedom of its citizens.Item Acción de Acceso a la Información Pública y su incidencia en el Derecho a la Defensa(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-01-27) Pérez Mejía, Jennifer Paulina; Romo Santana, José LuisAccess to public information is a constitutional guarantee stipulated in the Constitution and the Organic Law on Transparency and Access to Public Information. It applies When a public institution fails to provide the requested information. The refusal may be total or partial. Such situations can affect due procpess, constitutional principles, and the right to defense, among other things. The objective of this research is to analyze and understand the importance of this constitutional action in practical scenarios where limitations arise in the exercise of the right to defense that could lead to possible nullity. The study was developed using a qualitative approach and a documentary bibliographic analysis. It is framed within a line of public policy, law, and society, allowing for the development of both normative and doctrinal concepts related to this guarantee. The interview guide used is an interview with a population or convenience sample composed of judges from Ambato to learn their criteria regarding this constitutional action and the administrative improvements they suggest. The research lends itself to analyzing how the action of access to public information is directly related to the right to defense in judicial practice, in a state that guarantees justice and law.Item El ejercicio de la acción penal pública y los derechos de la víctima en el proceso penal ecuatoriano”(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-01-22) Chicaiza Cali, Alexandra Monserrath; Ramiro Tite, SegundoThis research paper analyzes the role of the prosecutor as the holder of the public criminal action, in accordance with the law, as they are the competent authority to exercise this action. However, the decisions made by the prosecutor regarding case dismissals, abstentions, and the application of the principle of opportunity affect the victim's interest in comprehensive reparations, the pursuit of justice and truth, and effective judicial protection. Despite legal advances regarding victims' rights, in practice, the prosecution's actions leave victims defenseless. This is evident in judicial practice in cases affecting restorative justice in our country. This problem arises from the lack of criteria to protect victims' rights in the face of procedural decisions such as the dismissal of investigations and the incorrect formulation of charges. This generates the need to analyze the prosecutor's role in public criminal action and the impact of these actions on victims' rights in reality, based on judicial cases. For this research, a qualitative methodology was employed, along with descriptive, analytical, and exploratory research levels. These methods allowed for the identification of the causes and consequences of the problem. Additionally, interviews were conducted with members of the judicial system, including judges, prosecutors, and practicing lawyers, who shared their perspectives on the issue based on their individual experiences. Regarding the review of the exercise of public criminal action and the rights of victims in the Ecuadorian criminal process, the following conclusion was reached: The Public Prosecutor's Office, representing the State, is the sole entity authorized to exercise criminal action, as established in Article 195 of the Constitution, which grants it procedural autonomy. However, the Public Prosecutor's Office does not efficiently fulfill the role entrusted to it in the Constitution, and the rights of victims are disregarded, violating their enshrined rights. The limitations and shortcomings in the exercise of public prosecution affect the effective guarantee of victims' rights in the Ecuadorian criminal process. These limitations are reflected in insufficient comprehensive reparations and vulnerability to procedural decisions, despite existing legal advances. It is important to consider that the prosecutor's participation has been affected by factors such as corruption, politics, and lack of training, among others, leaving victims completely defenseless.Item Interés superior del niño en acogimiento institucional en la fundación proyecto salesiano(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Trabajo Social, 2026-01-19) Núñez Salazar, Doménica Nicole; Vargas Villacres, Borman RenanThis research aims to analyze the fulfillment of the best interests of the child principle within the institutional care processes of the Salesian Project Foundation Don Bosco in Ambato. This institution provides comprehensive protection and support to children and adolescents with rights violations, making it essential to evaluate the actions carried out to ensure their well-being and development. The study was conducted using a quantitative approach, with a descriptive scope and a non-experimental design. Surveys were applied to the entire population: 30 technical and administrative staff members, and 70 institutionalized children and adolescents. Data collection focused on aspects related to comprehensive care, participation, emotional support, and family reintegration processes. The results indicate that the foundation implements effective actions in guaranteeing rights, particularly regarding access to health, education, nutrition, and psychosocial support. However, limitations were identified, especially related to insufficient resources, limited participation of children in decisions affecting their daily lives, and challenges in strengthening family bonds and restitution strategies. It is concluded that although the institution structures its intervention according to the best interests of the child, it is necessary to reinforce participation processes, inter-institutional coordination, and family support to achieve more comprehensive and timely attention. The recommendations highlight the importance of strengthening existing programs and implementing internal policies that ensure the full exercise of rights for institutionalized children and adolescentsItem La evolución de los derechos de los animales domésticos en el Ecuador: estudio comparativo con la legislación española y colombiana(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Verdesoto Naranjo, Ambar Tais; Espín Meléndez, María CristinaEcuador has been a pioneer in granting nature a status of subject of rights, intrinsically including animals, thus, the 2008 Constitution marked a milestone by creating a regulatory framework with great impact on animal protection, likewise, the Law Organic Animal Welfare (LOBA) regulates the treatment and protection of domestic animals, however, such legislative bodies still face a number of challenges. In contrast, Spain has an innovative legal framework regarding the protection of animals, likewise, its autonomous communities have powers to create their own laws that safeguard the integrity and dignity of animals, this due to the high positive influence of the European legal system, which has promoted higher standards of animal welfare. Likewise, Colombia has presented a significant evolution in terms of animal law, recognizing animals as sentient beings and establishing severe sanctions in case of mistreatment. This is how this research work revolves around "THE EVOLUTION OF THE RIGHTS OF DOMESTIC ANIMALS IN ECUADOR: COMPARATIVE STUDY WITH SPANISH AND COLOMBIAN LEGISLATION" since, although the protection of domestic animals has been progressively strengthened In the legal and social area in the world, this investigative work analyzes the evolution of these rights in the Ecuadorian state, comparing it with the legislation of Spain and Colombia, with the purpose of identifying advances, challenges and proposing improvements based on viable practices. For this, an exploratory study supported by the qualitative method is applied because it is based on a bibliographic review to conclude with a statistical study that allows quantifying the number of the population that conceives domestic animals as part of the family and society, in addition to verifying their reliability with respect to the Ecuadorian laws focused on safeguarding the rights of animals in the Ambato Canton, resulting in a considerable number of individuals who consider domestic animals as fundamental members of their family nucleus; likewise, there is evidence of a significant number of people surveyed who have little reliability in Ecuadorian animal protection laws, concluding that, although there is revealing progress in terms of culture and regulations with respect to animal rights, there are still various aspects that the state and the society must perfectItem La responsabilidad del estado por afectación de la Naturaleza: caso minería ilegal de la Provincia de Napo(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Galarza Mullo, Marco Alexander; Saca Balladares, Melinton FernandoThe case of the State's responsibility for the affectation of nature due to illegal mining in the province of Napo, Ecuador, highlights the legal and environmental challenges that arise when economic interests collide with environmental conservation. Napo, a region rich in biodiversity and natural resources, has been affected by illegal mining, which has caused environmental damage such as mercury contamination of rivers and deforestation of forested areas. The main discussion revolves around the responsibility of the Ecuadorian State in the protection and preservation of the environment. It is questioned whether existing policies and regulations have been adequate to prevent and control illegal mining, especially in vulnerable areas. Lack of effective law enforcement and insufficient regulation have allowed these illegal activities to persist, exacerbating the negative impacts on the natural environment and local communities that depend on it. The case underscores the need for the State to assume responsibility for environmental damage caused by third party activities. It emphasizes the importance of strengthening monitoring and control systems, as well as improving institutional capacities to ensure effective compliance with environmental regulations. The implementation of remediation and compensation measures is proposed to mitigate environmental impacts and restore the ecological balance in the affected areas. Thus, according to a qualitative approach methodology, through the search for information and jurisprudence related to the case studies, it was determined that in Napo the importance of public participation and the crucial role of environmental organizations and local communities in the surveillance and protection of natural resources stand out. Civil society plays a fundamental role in denouncing illegal activities and promoting sustainable practices that harmonize economic development with environmental conservationItem El Sistema de Educación Intercultural Bilingüe y el Derecho a la Educación de los niños, niñas y adolescentes de la comunidad indígena de Chibuleo(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-02) Flores Colina, Geidy Estefania; Vargas Villacrés, Borman RenánThroughout history, members of different indigenous peoples and nationalities have been oppressed, marginalized, and exploited. For decades, their most basic rights were denied, and after several social struggles and protests, this social group achieved the vindication of their rights. However, even today, there are many aspects that need to improve for this social group to achieve true material equality. Regarding the right to education, it must be remembered that, for decades, this social group was trapped in a traditional and homogenizing educational model. With the Constitution of 1945, the right to education of this social group would be greatly benefited with the creation of the Bilingual Intercultural Education System. However, even today, 78 years after the creation of this new educational model, there are large gaps that need to be closed for this social group to fully enjoy their right to education. The present research project constitutes basic research, with an exploratory methodology and a qualitative approach. And through the collection of information from primary and secondary sources, it has been possible to determine as the main result of this research project that the bilingual Intercultural Education System, through the Bilingual Intercultural Millennium Educational Intercultural Education System, through the Bilingual Intercultural Millennium Educational Unit of Chibuleo, helps to guarantee the right to education of the children and adolescents od this indigenous community.Item Servicios de apoyo y atención de los hijos menores de edad de las mujeres privadas de libertad(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-02) Lalaleo Cóndor, Vanesa Monserrath; Paredes Chiluisa, Tanya GiocondaIn the world a variety of public policies have been created, which are recognized as an instrument of transformation for society that tend to act on the behaviors of human beings, this in order to meet and provide solutions to the required demands, which is why they are identified as a set of instruments, tools and decisions that give direction to an action aimed at achieving certain objectives that can ensure the welfare of society as a whole. In the case of public policies in the Ambato penitentiary center, they have long insisted on a gender equity orientation and inclusion of minors regardless of cultural conditions and societies, which is why the focus of this research is centered on one of the main rights of minor children of women deprived of liberty and which is relevant to the development plan, which states that to achieve a dignified life for all, It is extremely necessary that the justice system be efficient, especially for persons deprived of liberty, this with a rights-based approach that promotes training processes, as well as conditions of dignified coexistence for the centers of deprivation of libertyItem Pobreza menstrual y Salud Pública(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Trabajo Social, 2024-02) Verdezoto Aguilar, Johana Nathalye; Haro Lara, Aida PatriciaMenstrual poverty is a term that refers to the lack of access to menstrual hygiene products, adequate infrastructure, basic services such as drinking water, sewage, and privacy itself. By not being clear about the origin of menstruation, society has been creating its own concepts around it, which translates into the perpetuation of beliefs and, with this, the attribution of negative characteristics to menstruation. Thus, menstruation begins to be analyzed from the perspective of public health, demonstrating the gender gaps in the care of problems related to menstruation and generating negative consequences for the physical and psychological health of women. From the perspective of social work, the line of research is social exclusion and integration, with the objective of determining the influence of menstrual poverty on public health. In a population of 337 female students of the Chillanes Educational Unit, through the application of the finite formula, a sample of 181 women was reached. Using a quantitative approach, an instrument consisting of 44 questions with a Likert-type scale was designed and subjected to an analysis of validity by expert judgment and reliability by means of Cronbach's alpha. In this way, it was determined that menstrual poverty influences public health. In addition, after studying the dimensions studied, the lack of knowledge, the physical and psychological affections of menstruation, and the problems in accessing adequate menstrual management were evident