Jurisprudencia y Ciencias Sociales

Permanent URI for this communityhttp://repositorio.uta.edu.ec/handle/123456789/892

Browse

Subject: search.filters.subject.JUSTICIA ORDINARIA

Search Results

Now showing 1 - 2 of 2
  • No Thumbnail Available
    Item
    El precedente, la jurisprudencia y las reglas jurisprudenciales en la justicia constitucional y ordinaria en el Ecuador
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-09) Arroba Salazar, Ana Alexandra; Vargas Villacrés, Borman Renán
    The present investigation has been developed with the objective of generating a critical legal analysis on the obligatory nature and prevalence of the preceding, the jurisprudence and the jurisprudential rules dictated by the Constitutional and Ordinary Justice in Ecuador, to sensitize their application in the administration of justice. The same is important because it is related to actions taken against the judicial decisions of the National Court of Justice, Courts or Courts of last or only instance, before the Constitutional Court. Which generates disagreements when applying and interpreting constitutional and secondary norms in order to guarantee and protect the rights of people; for this reason the need of the present to raise awareness of their application, considering the principles of legality, devices and legal certainty; In addition to becoming a permanent current issue due to the social dynamics in the different cases resolved by the Constitutional Court of Ecuador and the perspective generated by the judgments that nullify the decisions emanating from ordinary justice. In the present research work, a qualitative approach was applied, a basic modality of field research and documentary bibliography, and as exploratory and descriptive types of research, with the line of research within the Constitutional Jurisdiction, supported by the Ecuadorian legal system. , historical, philosophical and constitutional theoretical assumptions; reaching as a result the normative identification that governs the legal institutions investigated both in constitutional and ordinary justice, which allowed to capture criteria for the distinction of prevalence in the application of the precedent, jurisprudence and jurisprudential rules in constitutional and ordinary justice in the equator.
  • No Thumbnail Available
    Item
    Los derechos colectivos en la justicia indigena y la justicia ordinaria
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-05) Casicana Toroshina, Franklin Isaias; Vargas Villacres, Borman Renan
    The collective rights of the communes, peoples and indigenous nationalities of the Ecuadorian state are guaranteed in article 57 of the Constitution of the Republic of Ecuador, one of these rights, such as the exercise of one's own authority in the territories legally recognized by the The law is effective with the application of indigenous justice as determined in Article 171 of the Ecuadorian Constitution, despite that the authorities of the ordinary justice system do not allow the full and effective enjoyment of such right and guarantee that is not only recognized to national level if not internationally through the international treaties and conventions, this occurs because there is no law to coordinate and cooperate between the two systems of justice to avoid the violation of collective rights, its existence being essential, more than that and despite the fact that the two justice systems have the character of If there is no superior or inferior among them, there are laws that subordinate the indigenous justice system to the ordinary justice system, which is why the corresponding reforms are necessary. This investigation intends and is focused on carrying out the reform of Article 161 of the integral Ecuadorian criminal organic code, with the purpose of guaranteeing the full exercise of the collective right to exercise its own authority in the communes of indigenous peoples and nationalities of Ecuador.