Jurisprudencia y Ciencias Sociales

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Subject: search.filters.subject.ESTADO DE EXCEPCIÓN

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    El estado de excepción y su incidencia en la gestión de eventos de conmoción social en el Ecuador
    (Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-09) Barrionuevo Salinas, Hector Javier; Saca Balladares, Melinton Fernando
    The state of exception in this research work fulfills a current role in the Ecuadorian state, for being a topic that we have seen repeatedly not only throughout this year but in the history of our country, thus working with a line of research directed towards public policy; law and society. The state of exception is defined as an extraordinary measure that becomes necessary when emergency situations arise that the state cannot face with the ordinary measures available to it, denoting that the state of exception is a measure that has the capacity to suspend constitutional rights and can be delimited to the entire national territory or to a part of it. However, according to the available background, the implementation of the state of exception would be a questionable measure, since the problem tends to persist even when the E.E. is renewed, that is to say that the maximum duration allowed by the constitution is 90 days maximum, according to article 166. The president of the republic by executive decree is the person who issues the state of exception and it is the constitutional court who has the responsibility to carry out the constitutional control in compliance with the provisions of articles 164, 165, 166 of the CRE.
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    La estabilidad laboral y cese del contrato individual por fuerza mayor o caso fortuito por covid-19, Ecuador
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-02) Cuadrado Coba, Vanessa Esthefanía; Acosta Morales, María Gabriela
    The fortuitous event or force majeure is one of the ways by which the employment relationship ends, which is established in article 169, numeral 6 of the Labor Code. For this cause to operate, the events that occurred in the workplace must totally make it impossible to carry out business activities; In other words, the business must be closed, the company bankrupt, etc., otherwise the employer is obliged to maintain the employment relationship. During the State of Exception issued by Executive Decree 1017 of March 16, 2020, to mitigate the spread of COVID19, work activities were paralyzed. For this reason, certain employers applied the act of unforeseeable circumstances or force majeure to disengage workers, but there were certain cases in which work activities were not paralyzed and despite this, employment contracts were illegally terminated. arbitrarily and unjustifiably, the violation of the principle of labor continuity and the right to work in general, which affected part of the country's labor sector since at that time, Ecuadorian legal regulations were not enough to guarantee the principle of labor continuity Since the suspension of work activities was not allowed until the fortuitous event or force majeure is overcome, there was also no possibility of reducing the working day, alternatives that were presented after the State of Exception, which is analyzed within the present investigation from a practical theoretical approach.
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    Los decretos de estado de excepción por desastres naturales en el ecuador y la garantía constitucional de motivación
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-01) Saca Balladares, Melinton Fernando; Acosta Morales, María Gabriela
    The present investigation revolves around the power that the President of the Republic of Ecuador has, to declare the entire national territory or part of it, under an Exception Status, whose executive decree in its content must necessarily observe the constitutional guarantee of motivation, which has been widely developed in the national and international constitutional jurisprudence, regarding the parameters that constitute it, always seeking to avoid discretionary and arbitrary actions by the state authorities. The qualitative approach applied, allowed to analyze and explain the causes of the scarce, contradictory, impertinent or apparent motivation of the executive decrees of the Exception State due to natural disasters in which the decisions of the authority are manifested, resorting to a field investigation through the application of surveys, and a documentary investigation through the collection of the data contained in the administrative acts called executive decrees of the Exception State due to natural disasters in the period 2009-2017, and their respective judgments or constitutionality rulings, in which the technique of observation and case analysis was applied. From the findings, it was evidenced as a general rule, that the control carried out by the Constitutional Court to the Exception State, is simply a formalism that seeks to satisfy the aspirations and provisions emanating from the Executive; Since all the opinions or judgments of constitutionality are favorable, without applying in any of the cases the Motivation Test that involves the parameters of reasonableness, logic and comprehensibility developed by the Court itself, without a doubt this omission of the Control Body responds to coercions or interests of a political nature, without considering at all that various fundamental rights of the people affected by the declaration are at risk. Finally, it is sought that the Executive Function assumes corrective measures regarding the due motivation of its Exception State decrees, framing them in strict compliance with all constitutional principles and guarantees, so that in their application no type of fundamental right.
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    Las políticas del sistema de Rehabilitación social y la reincidencia de las personas privadas de libertad
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-07) Abad Sarango, Diana Kruspkaya; Altamirano Dávila, Carlos Fabián
    This research paper focuses specifically on analyzing current policies of the Social Rehabilitation System, the purpose of this paper is to analyze the causes and effects that cause the recidivism of people deprived of liberty, based on doctrinaire concepts of authors, jurisprudence and international standards of Human Rights of which Ecuador is a part. It is intended to identify, reaching an analysis of the reasons that have caused serious internal commotion in the Penitentiary System, establishing mechanisms to avoid the violation of constitutional guarantees of the utmost importance and the rights of persons deprived of liberty with a conviction. Currently a controversy has been instituted and continues to generate negative conflicts of competence between the judges of criminal guarantees and judges of penitentiary guarantees, although the competence of each one is typified separately in the reform provisions, article No. 225 and the article No. 230, respectively, established in the Comprehensive Criminal Organic Code; in practice, the same judge that substance, knows and issues the condemnatory sentence is the same one that resolves, knows and issues the termination of the sentence; Therefore by legal mandate there must be an impartial and specialized judge in prison matters, the one who acted on the basis of the area of competence, for not existing the need to raise a draft for reform to the Organic Comprehensive Criminal Code, in the reform provisions , of Article 230 first paragraph; and the creation of the Unit of Penitentiary Guarantees, for the application of their competences that corresponds to both to be watched over the defendant and the victim, as well as to endorse the execution of the process of social rehabilitation, in this way both in adherence to the strict respect to their human rights.
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    El control de constitucionalidad del estado de excepción y su aplicación en los principios establecidos en el articulo 164 de la constitución del Ecuador
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2016-06) Rivera Gavilánez, Hernan Patricio; Altamirano Zavala, Andrea Marlene
    The present searching project will be centered on actual social situations and with a referring from the juridic institution of the exception estate, and the control of constitutionality that must be given with the established beginnings in the Ecuadorian Constitution, figure that through the Ecuadorian history has taken different definitions among these names could be mentioned:The extraordinary faculty, urgency estate, estate of place, estate of emergency; in the year 2008 when our actual Ecuadorian Constitution Started to go is introduced the term of “Exception of Estate” which in its priority essential serves to guarantee a social order always and when be respected the fundamental beginnings to the ones that must be attached by itself, situation that could extend the executive to national level, or by the affected surroundings, it will allow to re-establish the public order, the exception of estate will emit by the executive only, through the executive statement, that will be ordered to the public control, constitution, and international, due to its statement will close, stop, different constitutional rights inside the territory which rules “Exception of Estate”, it means the constitution goes confronted to the un-previous situations inside the state. Here in crisis estate the real thing overpassed the arranged and it over place the normal strength of the real thing and safely is settled to a new regime with the object of establishing a estate of situation..