Jurisprudencia y Ciencias Sociales

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Subject: search.filters.subject.POLITICA CRIMINAL

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    Política criminal del estado ecuatoriano y su incidencia en los delitos contra la libertad sexual
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2021-06) Velástegui Mariño, Sara Mercedes; Pazmiño Vargas, Kléver Alonso
    This research work seeks to know how the criminal policy applied in the Ecuadorian State has influenced the commission of crimes against sexual freedom. It seeks a detailed analysis of how the entities in charge of the implementation of criminal policies develop their constitutional functions in addition to the duty of society in the generation of environments that reduce crime. The work has managed to determine that the criminal policy in Ecuador is not adequate to face crimes against sexual freedom. The methodology used in this research is qualitative and deductive in view of the fact that the data and reasoning obtained come from bibliographic, dogmatic, philosophical and jurisprudential sources, with which it has not been required to quantify variables. As for the deductive type, it has been necessary to be able to carry out deep reasoning that starts from general concepts. In addition to interviews with professionals specialized in criminal law and criminology, which is why the work is innovative in the field of criminal law and contributes significantly to academics. As a conclusion, it can be determined that the lack of knowledge regarding criminal law and criminology on the part of the authorities in charge of the generation of criminal policies has generated that the problem of crimes against sexual freedom does not diminish. On the other hand, it is possible to determine the importance of the family environment for the treatment of possible criminal behaviors and prevent the punitive power of the State from falling on the aggressor by seeking social rehabilitation alternatives.
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    El activismo jurisdiccional y el garantismo penal en la administración de justicia del Ecuador
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-03) Acosta Morales, María Gabriela; Tipantasig Cando, Jaime Tarquino
    He problematic of the suspicion of a jurisdictional activism of the administration of Justice in Ecuador without a protected criminal guarantee in our Constitutional State of Law; in front of an efficient enough commanded by the governing bodies of the Justice of Ecuador. An efficient jurisdictional activism is a phenomenon of a juridical and social nature, directly affects the rights of the victim and the defendant, so that the procedural subjects in criminal matters seek the symbiosis of jurisdictional activism with the criminal guarantee. The present investigation focuses specifically on the administration of criminal justice with the possibility of a non-efficiencies jurisdictional activism but a guarantee that allows citizen security without increasing the number of convictions but generating criminal policies that allow a true social rehabilitation. In this way, it is intended to identify the events that have motivated jurisdictional activism to have more efficient characteristics than guarantors; despite that the spirit of the Comprehensive Criminal Code leads to a criminal system protecting rights. Finally, a proposal of reform to the Integral Organic Penal Code is presented that allows a jurisdictional activism guarantee.