Jurisprudencia y Ciencias Sociales
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Item El poder mediático y su incidencia en el principio de independencia judicial caso Karina del Pozo(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Munive López, Adriana Gissela; Borja Martínez, Geovanny LeopoldoCurrently, Media Power as a litigation strategy is not a true option since there are major obstacles for this to be carried out adequately. An example of this is the intervention of the media, within media cases or violent events, trying to find a culprit only based on his own versions or conjectures or at the same time trying to pressure the justice system to find the material or intellectual authors of a crime mainly where women are involved as the victims, without true knowledge of the laws. Intense media coverage of a case can generates significant public pressure. This pressure can lead judges and other actors in the judicial system to make decisions that respond to popular expectations, rather than based exclusively on the law, and the facts of the case can affect the impartiality of judges and other judicial officials. Although judges must be impartial, continued exposure to opinions and media narratives can affect their perspective on the case. On the other hand, and as the main factor of justice is the Principle of Judicial Independence, which is since judges and administrators of justice are not subject to any control except jurisdictional, that is, no one should interfere in the decisions of judges should have no internal or external interference. Judicial independence in Ecuador refers to the ability of judges and courts to make impartial and fair decisions without external influence or interference from other powers of the State, political, economic, or social interests. It is a fundamental principle to guarantee justice and respect for human rights. In Ecuador, this principle is established and regulated by various norms and mechanisms, although its application has faced challenges over timeItem El Femicidio en el Ecuador y la inclusión de perspectiva de género en su juzgamiento(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09) Veloz Castro, María Lizbeth; Acosta Morales, María GabrielaThis investigation is important due to the current actual rate that are evident as a product of the social system and the justice of our country. The implementation of a gender perspective in the exercise of criminal law constitutes a challenge and a contribution that contributes to the law evolution and the fight against the eradication of the gender violence. The application of this essential tool will generate a new political and social awareness within our state regarding the investigation route. I used some studies combination methods like: historic, logical, hermeneutical deductive and inductive method; which allowed to analyze and synthesize in a good way the compiled information. This methodology investigation applied has a qualitative approach which facilitated the interview realization to experts in the area in order to support the investigation proposals through the application of primary sources which was carried through a meticulous analysis about the research topic which generates a society valuable contribution. The research line corresponds to the public policy law and society field. This concludes the need to incorporate a gender perspective within the comprehensive criminal organic code. It is necessary to promotes an objective and equitable analysis in the trial of criminal cases with the objective of guarantee of human rights. This investigation contributes to make visible and address inequalities biases and stereotypes gender rooted in the Ecuadorian Society.Item El femicidio en el Ecuador: Caso Belén Bernal(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09) Guzmán Ojeda, Carla Dayana; Tite, Segundo RamiroThe main objective of this investigation focused on analyzing the femicide case of María Belén Bernal, a fact that drew attentio since it was committed inside the Police Training School “Gral Alberto Enríquez Gallo”, the protagonist of this crime, Germán Cáceres, a police lieutenant, the same one who at that time served as a trainer for other police officers, to determine the mechanisms used for the commission, concealment, and subsequent abandonment of the body in a place far from where events occurred, power relations and gender violence of this criminal type, is explained and conceptualized in themes and sub- themes related to this case. The methodology used has a qualitative approach that was used for the study of one or serveral cases, the level or descriptive – exploratory study that allowed us to relate to the phenomenon, the research modality was documentary and field that served as support in the theoretical framework, the inductive - deductive method that allowed an análisis fromthe general to the particular, and historical – logical because we are base don the present and pasto f the facts, the interview guide is also detailed as one of the instruments used in the present Project. And finally, the conclusions and recommendations were established. And as a conclusion of the present work, the informative triptych called “for those who can no longer defend themselves “was presented, the same one that was directed to the women of the Ambato Canton, so that they are trained and know how to act in case of suffering some type of violence. In their environment, and to the general public so that they attend to this problem that is of interest to an entire communityItem La legislación penal ecuatoriana y perspectiva de género(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09) Buenaño López, Eduardo Vinicio; Acosta Morales, María GabrielaThis research aims to shed light on the biases present in the Ecuadorian judicial system, particularly in relation to gender crimes. It focuses on challenging and dismantling stereotypes that may influence judicial decisions, aiming to create a justice administration that is impartial, equitable, and respectful of all gender identities. Preliminary findings suggest a lack of adequate knowledge and understanding by the judicial system when it comes to gender crimes. This knowledge gap not only undermines justice but can also have devastating consequences for the victims of these crimes. Since the classification of femicide as a specific crime in Ecuador in 2014, more than 1,200 cases have been registered. However, until September of the current year, just over 400 conviction sentences have been issued. This number, however, does not account for the severity of the crimes, as many of these sentences seem not proportional to the severity of the damage caused by the perpetrators. Moreover, it has been observed that sentences rarely include adequate reparations measures for the victims. To better understand these issues, judges and experts in criminal law were interviewed, who provided valuable insights and knowledge for the research. The findings suggest a widespread negligence in the administration of justice in cases of gender crimes, which further exacerbates the trauma and injustice experienced by the victims.Item Narrativas de la crónica roja sobre feminicidios en el diario “Extra”(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Comunicaciòn, 2023-09) Robles Iguamba, Karen Tatiana; Proaño Zurita, Jenny de los ÁngelesThis investigative Project studies through the critical analysis of the speech, the superstructure of the journalistic narratives that the journal “Extra” spreads. It has as objective to reflect, describe, and analyze related to the yellow press through stories compassed within the gender-based violence, specifically about feminicide or femicide in December, 2022. This work is structured in four chapters. The first chapter contains the theoretical framework, which allows us to comprehend the bases that involves this thematic such as, debates of the current journalism, yellow press, gender-based violence, and feminicide or femicide. In the second chapter, it is established the methodology and guidelines to conduct the corresponding analysis of the journalist narratives whose superstructure is contemplated by Teun Van Dijk, and it has the following structure: headline, summarizing, exposition, complication, ending, evaluation and moral. Likewise, in the same section, the Ruth´s Benítez methodology is established, and it is added the following analysis: author of the news, section that it belongs, term used to determine the crime, selection and hierarchical organization of the sources, textual quotes, representation of the victim, representation of the femicide, relationship between the victim and femicide and causality/justification. Finally, throughout the interpretation it is concluded that in the majority of the news do not present sensationalism in theirs headings or narratives. When analyzing the superstructure it is confirmed that it does not exist an evaluation or a moral. On the other hand, neither the victim is blamed nor the crime is justified. The victims are presented as they are, women who suffered gender- based violence.Item Violencia de Genero y Empoderamiento de la mujer en el Colectivo Ana de Peralta de la ciudad de Ambato(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Trabajo Social, 2023-03) Vargas Morocho, Fanny Gabriela; Altamirano Altamirano, Silvia JovannaGender violence and female empowerment are two realities that the country is currently experiencing, on the one hand we find that the rate of violence at the national level in recent years has increased brutally, while the term female empowerment is gaining strength very slowly, This is why the objective of the research is focused on: Identifying how the empowerment of women helps to reduce gender violence. For this, we worked with 40 women who are part of the Ana de Peralta collective in the city of Ambato, with a mixed research approach, which is why documentary collection was used for the qualitative field, while for the quantitative one, we worked with two surveys, for the independent variable the survey on Social and Gender Violence in the areas of influence of the Observatories of Social and Gender Violence was used, while for the dependent variable the instrument to measure the empowerment of women was used, same ones that were made in Mexico City. At the end of the study it was possible to determine that female empowerment is one of the most important factors to eradicate gender violenceItem La reparación integral y el delito de femicidio en el Ecuador(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-09) Marín Mora, Cristina Nicole; Acosta Morales, María GabrielaViolence against women is one of the social and political problems that require the most attention in the region. The increase of femicide cases, coupled with a lack of interest from the State in addressing this problem, encourages the development of studies and proposals to break the discourse of permanent impunity that has permeated society and has given way to the constant violation of the human rights of girls and women. The inquiries presented in this work aim to investigate the right to Integral Reparation in cases of femicide in Ecuador, to achieve this, the methodological path was taken from a descriptive and empirical level through the application of the quali-quantitative method; this will be developed through the application of surveys and interviews that guide the fulfillment of the different purposes of this investigation. By the aforementioned, the level of knowledge possessed by both practicing law professionals, and prosecutors and judges of criminal guarantees have about the investigated topic, was revealed. The nature of the study required a research area framed in the field of Public Policy, Law and Society; therefore the proposal has an effect upon the adequacy of a monitoring system of jurisdictional decisions regarding Integral Reparation for indirect victims of Femicide, allowing to determine that the fulfillment of the described right is not guaranteed as it should be.Item Análisis de casos múltiples desde el Trabajo Social con Familias víctimas de Femicidio(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Trabajo Social, 2022-09) Rosero Carrera, Andrea de los Ángeles; Haro Lara, AídaFemicide has been a subject of constant struggle, determining a definition that is the death of women for being a woman or for its aggravating circumstances and also maintaining a power relationship between the victim and the aggressor. This research establishes the objective of analyzing the importance of the multiple case methods that is worked from the area of social work with families that have been victims of Femicide and have not received comprehensive reparation or have been inserted into society. The methodology used in the research is qualitative because characteristics of Femicide cases that have had a sentence were collected and the application of a semi-structured interview with open questions to justice operators who have had experience in litigation, thanks to them, it was determined that the families have a progressive comprehensive reparation and, in all cases, there was an economic reparation. The population studied was constituted by 10 judicial operators composed of lawyers, psychologists, the department of criminology and social work, in the same way, the crossing of 8 cases of Femicide in the province of Tungurahua having been the subject of a conviction, obtaining the conclusion that the method applied helps to understand that there are no psychosocial actions for the families who have experienced this crime, so finally the role of the social worker in the process of taking charge of the families is the management of the social autopsy where the victim is profiled in different environments.Item Los Derechos humanos y la prevención del delito de Femicidio en el Ecuador(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-11) Quiñones Escuntar, Galo Alexander; Bazantes Ecobar, Washington JavierFrom the doctrinal perspective, the crime of femicide or feminicide comprises one of the most serious realities facing societies in the world, being the most brutal form of violence against women that has been generated from other phenomena such as machismo, patriarchy, gender roles and stereotypes, many of which are perpetrated, repeated and accepted by members of society. Although this type of crime has been generated throughout the world, Latin America holds the saddest record of being the Region where more femicides are committed, since 15 of the 25 countries where more femicides are committed are in this Region, which forces government authorities and society in general to look for mechanisms that mitigate this phenomenon. In Ecuador, the situation is not far, since in recent years there has been a growth in cases of this crime, being the inefficient state strategy, since it has only sought to combat the phenomenon based on punishment, by criminalization of the crime, but nothing has been done to strengthen the preventive aspect. In this context, some of the public policies that have begun to be developed to prevent crime have completely forgotten the fundamental axis of human rights, which is essential to achieve the reduction and elimination of these terrible cases.Item Los derechos de las mujeres y el femicidio en al Ciudad de Ambato(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2016-10) Cortés Moya, María Isabel; Sánchez Espín, JorgeHistorically the rights of women went from invisibility to be the torch in the struggle for recognition of women in the social, political and economic, indisputably have been forged the foundation of affirmation towards dignity and respect guarantees that assist us as entities in a dispute over equality not only in society but also against the law. Despite the constitutional and human rights recognitions afiancian integrity of women, physical violence, the outrages of work and femicide are issues that concern a society that violates our rights, even sexist and discriminatory environment. This research aims to reach the extent of how factors of social, economic, political and macho guy lead us to violate the rights of women to reach the condition of femicide understood in all areas. While it has legislation rich in rights and principles for the protection of women, issues of discrimination and violence remain the core in the struggle to vindicate as women and defend all modes that have violated the woman to the limits of femicido, a struggle that is entrenched in our country for four decades. It is important to the realization of this project will include execution by a proactive critical paradigm; topicality of the issues of women's rights, violence and femicide in order to secure full recognition of the rights of women in a more than fair, equitable legislation will be analyzed. With the completion of this research it is to bring to the fore the causes that lead to society to undermine the rights of women to reach the different types of femicide not expressly set out in our legislation.