Jurisprudencia y Ciencias Sociales
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Item Régimen de rehabilitación semiabierto en el delito de obstrucción a la justicia y la tutela judicial efectiva(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09) Manobanda Mazabanda, Elida Gabriela; Acosta Morales, María GabrielaThe prison system in Ecuador has evolved throughout history. The first prison was the García Moreno Prison in 1869, in which people who committed some types of crime were locked up and were only allowed to read the Bible. Nowadays, there are several prisons, including those in Guayaquil, Quito, Cuenca, Latacunga and Ambato. The penitentiary system is in charge, through the state, of executing the punishment of a person who has committed a crime with the aim of rehabilitating him and then being able to be reintegrated into society through activities required and stipulated in the Reglamento de Rehabilitación Social. For this reason, the problem arises from the reform that was carried out on August 17, 2021, in relation to the matter of anti-corruption in the Reform Law to the Comprehensive Organic Criminal Code, in which access to the semi-open regime is prohibited for the crime of obstruction of justice that has a criminal typology within the group of illegal acts that are violating effective judicial protection. Subsequently, this reform entered into force in Article 698 of the Comprehensive Organic Criminal Code, which makes it impossible to propose the semi-open social rehabilitation regime to persons deprived of their liberty who have committed the crime of obstruction of justice. What is stipulated above is contrary to what is established in the República del Ecuador, according to what is embodied in article 425 of the norm, which establishes that all infra-constitutional regulations must be in accordance with it; and, article 698 of the Comprehensive Organic Criminal Code does not allow access to justice to persons deprived of liberty who intend to file the semi-open rehabilitation regime, which is violating the right to effective judicial protection since there is an express norm that denies that claim and that does not allow the protection of constitutional rights through an adequate and technical defense.Item La Rebaja de pensión alimenticia y el principio constitucional de igualdad(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2017-01) López Villacis, Tania Silvana; Montero Solano, Juan PabloThe present research carried the theme: “THE REDUCTION OF ALIMONY AND THE CONSTITUTIONAL PRINCIPLE OF EQUALITY"; within the research, it aims to demonstrate the violation of rights suffered by children and adolescents and obligors in the process of reduction of maintenance compared with augmentation procedure alimony.The investigation was based on the study of time the reduction of alimony is due, being that it violates the constitutional principle of equality was taken into account the specific objectives that go hand in hand with the general because of them it appears the study of the economic and legal situation of obligors in a process of reduction of alimony. The Constitution in paragraph 2 Art.11 establishes the principle of equality yet in the Organic Code of Children and Adolescents two different process stipulated regarding the right to food and incidents, thus violating the constitutional principle of "equality" that It specifies that all people are considered equal before the law. This indicates the need to reform the Code of Children and specifically Adolescence Art. Unnumbered 8 same as praying on time maintenance is due, it is important that the same rules according to economic reality apply, social and legal immersed in legal disputes people to guarantee the rights literally within a judicial conflict and also it look equal rights.Item La exención del pago de las remuneraciones adicionales a los operarios artesanales y el derecho de alimentos(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2016-06) Sandoval Fernández, Silvana Maribel; Paredes Aldás, Gabriela Soledadresearch work, takes as its theme: "THE EXEMPTION OF PAYMENT OF ADDITIONAL COMPENSATION TO CRAFT OPERATORS AND THE RIGHT TO FOOD" ; within the research it aims to demonstrate the violation of rights suffered by the craft industry compared to the different classes of workers covered by the Labor Code . The investigation was based on the study of the exemption from payment of the additional remuneration referred to the Labor Code the operator of artisan being that violates compliance of maintenance payments, took into account. The specific objectives that go hand in hand with the general because of them the study of the economic and legal situation compared to the skilled artisan craftsman operator, meaning that there is a clear difference between the skilled artisan and craftsman operator follows . The craft industry is exempt from legal mandate of the perception of the tickets however they are required to pay maintenance for these items , thus violating the constitutional principle of "equality" that specifies that all people are considered equal before the law. The need to reform the Art was evident. 115 of the Labor Code "are excluded from bonuses to which this paragraph relates, workers and apprentices of artisans' proposed in this research. It is important that the rules accordingly apply to economic, social and legal reality of immersed in legal disputes for guaranteeing the rights literally within a judicial conflict people.