Jurisprudencia y Ciencias Sociales

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Subject: search.filters.subject.JUSTICIA SOCIAL

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    La Propiedad Privada de los Bienes Inmuebles sin Título Justo y la Justicia Social
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-03) Núñez Coca, Christian Vinicio; Masabanda Analuiza, Galo Iván
    The investigation entitled private property of real estate without fair title and social justice arises from the need to know the difficulties that are generated at the time of the regularization of real estate, in terms of equity and social justice, by virtue of which the investigative objective is channeled into analyzing the guarantee of the right to private property of real estate that lacks property title, in compliance with social justice in Ecuadorian legislation, for such a process a systematic review of the bibliographic or theoretical background was generated. , doctrinal and legal in reference to the subject. In reference to the methodology, the quantitative approach was used, which is based on the measurement of the characteristics of social phenomena; in reference to the methods used were inductive method, deductive method, analytical method; while the information collection technique was the survey itself that was addressed to 73 people in reference to the study variables and the results revealed that it is important to generate a systematization of the processes of regularization of private property of real estate. , which ensure compliance with human rights in all contexts and thus be able to generate equity and social justice in the urban and rural environment of the city of Ambato. in such a way that it is concluded that it is important that the instances in charge of said regularization must generate the necessary strategies to delineate integral processes in the community
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    Políticas de acciones afirmativas étnicas y los principios constitucionales de igualdad y equidad
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-01) Chulco Lema, Byron Javier; Ilaquiche Licta, Raúl Clemente
    Affirmative actions are determined in our Constitution as policies aimed at creating equality and equity. In this sense, the State, in its actions to achieve these principles, it has implemented the mandatory application of the same in both such as a public and private spheres, expecting this to include groups considered historically discriminated against in our country. In this sense, the present investigation searches to determine if the application of affirmative actions allows formal and material equality by State objective. Likewise, it seeks to verify to what extent the people belong to a minority group are underestimated, exposing the thesis that they will not be able to achieve something without state aid. Within this framework, observe that affirmative actions seek to create equality through differentiation. The application of affirmative ethnic actions applied to both the workplace and education in our country, generates situations of equity and equality only at the starting points, but it does not ensure situations of permanence, which would help to achieve in a real way the guarantee of accomplishment with constitutional principles. Therefore, we can conclude that the fact of benefiting from a cultural and historical differentiation results in greater processes of exclusion and inequality. Within this framework, we may establish that the social impact generated by the application of Affirmative Actions has not been analyzed or taken into account. Such is the case that can be considered as differentiating actions between citizens. However, it is more accurate to opt for policies that emphasize ensuring that people belonging to an ethnic group benefit from affirmative actions within the educational field, with equal access and a guarantee of completing a degree that later becomes the axis that contributes to inclusion of it in the workplace
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    El principio constitucional de proporcionalidad y la justicia social
    (Universida Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Maestria en Derecho Penal, 2020-03) Guamán Supe, Carlos Efrain; Guevara Fuentes, José Rubén
    The titling work seeks to determine how the scarce application of the Principle of Proportionality in the Integral Criminal Organic Code breaks the Social Justice in Ecuador at the right time in the construction of the crimes and their requirements, since in the COIP, it is possible to announce the excessive shielding given to criminal conduct arised from acts of corruption; as a result of which, some unnecessary and suitable requirements have been required, which keeps an entire contradiction with the proportionality parameters contemplated in the Constitution and in the Organic Law of Jurisdictional Guarantees and Constitutional Control. Focusing theresearch on comparing the established penalties and requirements for crimes of relevant social commotion; such as peculation and illicit enrichment, in the face of common or ordinary crimes, that despite generating a social impact, is not as pernicious as the behaviors derived from corruption. The theme has been based on the compilation of doctrines and a revision of the jurisprudence, in the participation of the principle of proportionality contributing as a means to make prevail the Social Justice, in the criminal area practiced and waterlogged by the classic positivism.