Jurisprudencia y Ciencias Sociales
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Item Derechos de las víctimas y reparación integral por el delito de violación sexual en el Ecuador(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-02) Pilla Laica, Joselyn Micaela; Tite, Ramiro SegundoIntegral reparation is an obligation of the Ecuadorian state to compensate the impairment of a right and return the victim to the state prior to the damage caused, to mitigate the effects of the same damage caused by the perpetrator, under this context the Ecuadorian state from the constitution of 2008 established mechanisms to achieve an effective comprehensive reparation, specifically in research conducted will address the comprehensive reparation for the crime ofrape, a crime that violates constitutional rights such as sexual freedom, personal integrity, privacy, free development of personality, a dignified life and the right to life itself, it is important to highlight the type of damage that the victim suffers, the consequences suffered and the measures necessary to mitigate or return to the normal state, It is important to highlight the type of damage that the victim suffers, the consequences suffered and the measures necessary to mitigate or return to the victim's normal state, This last factor in certain cases has been impossible to repair since the psychological sequels go beyond the tangible because they are considered a "wound ofthe soul" by the victims and the state can only conceive it as "dignity", which has no price and in certain cases neither psychological help nor money are enough to prevent suicide; It is also inefficient when it comes to the fulfillment as integral reparation the economic payments when they do not possess money or material goods or because they are not suitable and proportional.Item Violencia gineco- obstétrica: análisis jurídico en su reparación integral(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-02) Yasig Villacrés, Lilia Estefanía; Poaquiza Poaquiza, Ángel PatricioThe research makes a diagnosis of the reparation measures provided in cases of gynecological-obstetric violence through the comparison and analysis of two sentences, the first one corresponds to the sentence 904-12-JP issued by the Constitutional Court of Ecuador and the case Brítez Arce and others vs. Argentina ruled by the Inter-American Court of Human Rights. The methodology applied has a qualitative approach, the research is descriptive with an analytical-comparative method and the interview is used as a technique with professionals who know about the topic. The study determined the great similarity between the reparation measures adopted in the two cases due to the adoption of the Human Rights International System in Ecuador, however, some deficiencies were found, as well it includes some recommendations to reduce violence in this health fieldItem La Reparación Integral: Análisis Comparativo con la Legislación Chilena(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09) Lozano Benavides, Marcela Karina; Espín Meléndez, María CristinaFull reparation is a fundamental concept in the field of human rights, which seeks to remedy the damages suffered by victims of violations of fundamental rights. This research aims to analyze the concept of reparation, its importance and application in different contexts, examining national and international legislation related to full reparation, as well as the jurisprudence of courts and tribunals in different countries. In Ecuador, full reparation is addressed mainly through jurisprudence and national legislation, with emphasis on the responsibility of the State and the protection of victims' rights. In comparison, Chilean legislation also recognizes the importance of reparation, especially in cases of human rights violations during the military dictatorship. The jurisprudence of the Chilean Supreme Court has established the responsibility of the State and the need for effective reparation measures for victims and their families. Although there are similarities in the way Ecuador and Chile approach full reparation, there are also significant differences in terms of legal frameworks, jurisprudential approaches and effectiveness of the measures implemented.Item 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 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 La seguridad jurídica y la reparación integral a las víctimas de delitos penales de tránsito(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-07) Carlos Andrés Muyolema Tixe, Carlos Andrés; Tite, Segundo RamiroDeaths caused by traffic accidents have increased in recent years and with these irregularities have arisen, regarding the handling of the situation of the victims, as well as the punishment of those responsible for such an act, Ecuador despite having a Current regulation on criminal and traffic matters, such as the Comprehensive Organic Criminal Code, have not been able to contribute to reducing mortality rates from this cause, showing that sanctions and constant reforms are not enough. In Ecuador, comprehensive reparation has been implemented in its criminal justice system, which is part of the constitutional rights of victims. Ecuadorian legislation is receptive to the problem so that in the Organic Comprehensive Criminal Code only comprehensive reparation is typified within two articles such as 77 and 78, which are not enough to ensure the correct application of comprehensive reparation. and thus reach the satisfaction of the victims who remain as a result of the commission of culpable traffic crimes.Item El delito de asesinato y la ejecución de la reparación integral de la víctima(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2020-11) Aldaz Logroño, Cristhian Alberto; Acosta Morales, María GabrielaThe purpose of this certificate is to analyze the execution of the integral reparation of the victim in the commission of the crime of murder. In order to achieve the proposed objectives, substantive and procedural norms are analyzed both in criminal, civil and constitutional matters that make up Ecuadorian positive law. International standards and doctrinal and jurisprudential sources that serve as support for the investigation are also analyzed. The methodology used is based on a qualitative, descriptive, non-experimental investigation of bibliographic documentary design, using as an analysis technique the hermeneutics of records that derive from the direct and passive observation of legal documents. It was obtained as an outstanding conclusion that the Ecuadorian legislation despite not expressly establishing comprehensive reparation to the victim in the crime of murder; However, the legal assumptions in force for other criminal offenses are applicable in cases of comprehensive reparation of the victim of the crime of murder, whose estimate of the damage to be repaired is made in the sentence declaring the guilt of the accused.Item La acción de incumplimiento de sentencias y dictámenes constitucionales y la reparación integral(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-10) Villegas Paredes, Cristina Del Rocío; Frías Raza, Sergio EdmundoThe non-compliance action of sentences and constitutional verdicts constitute a mechanism through which the administration of justice is obligated to solve legal problems through its officials, which was not given its final judgment, and therefore its integral reparation is a problem solved by a constitutional judge or the Constitutional Court itself. It is worth mentioning that these actions seek to satisfy a broken right or to make it effective, this function is exclusive to the Constitutional Court, which will provide the means to achieve an acceptable integral reparation. Additionally, it has the commitment to follow up on the execution phase to achieve its result which is to give a solution to a requested problem. It is appropriate to mention that the non-compliance action, in the Ecuadorian legal system, was created as a function only in the Constitutional Court, but this entity through its precedent “erga omnes” (mandatory) (Sentence Nª 00l-l0-PJO-CC, 2010), it categorized it as a constitutional guarantee, being opportune to activate it when it is not executed a sentence that violets constitutional rights. It is important to mention that the integral reparation constitutes a form to roll back the infringement in some way or to solve the damages to the victim who suffered a violation of his rights, compensating him to overcome the situation y thus guarantee his physical, psychological, and social development. The ways to repair a right within the Ecuadorian Law are restriction, economical or inherited compensation, rehabilitation, satisfaction, non-repetition guarantee, recognition procedures, public apologies, public services provision among others; to ensure the well-being of the people who attended to the legal system to look for a guide to solve their problems. That is why the non-compliance action is closely related to the integral reparation because to repair it, it is necessary to activate the created guarantees in the constitutional norms, following the proposed guidelines and the settled times.Item La reparación del procesado en los casos de ratificación del estado de inocencia(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho penal, 2020-08) Vallejo Sánchez, Ana Lisbeth; Pazmiño Vargas, Klever AlonzoThe purpose of this investigation is to analyze the reparation of the accused in cases of ratification of the state of innocence of a person who has been deprived of liberty for several days or months. The methodology used was the qualitative one based on documentary research on the problem raised, as well as the carrying out of case studies where people have been detained and deprived of their liberty for an indeterminate time, and that in the respective process has not been found elements of conviction to consider him as accused, declaring the dismissal in the case. It is proposed as a conclusion that there is no procedure where people can request comprehensive reparation against the State, to compensate for the damage caused by having been deprived of liberty to a person for being innocent. The legal norm repeats that if a conviction is reformed or revoked, through the appeal for review, the State must repair the person who suffered punishment as a result of said sentence and that once the responsibility of servants or servants for such acts has been declared, he will have to repeat against them in the manner indicated in the Organic Code of the Judicial Function. Although the third paragraph of article 15 of the Organic Code of the Judicial Function refers to the appeal for review as the ideal way for a conviction to be revoked or reformed and the obligation of the State to repair the person who suffered punishment as a result can be generated of such a sentence.Item La aplicación del principio de oportunidad y la reparación integral(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-09) Monar Castillo, Fabio Mauricio; Guevara Fuentes, José RubénThe problem regarding deficient integral reparation to the victim, has not been a generalized issue since the Integral Organic Penal Code regulates a penalty for the transcendence of the crime committed, whose sentences range from fifteen days in prison and with a ceiling of forty years if the active subject of the crime has committed an offense with some type of aggravating circumstance. However, there are crimes known to be doctrinaire as bagatelle and Ecuadorian criminal law has included speed for the actions of the prosecutor to discretionally apply the principle of opportunity; that it be understood that the discretionality to which I refer is with respect to the power granted by the norm to apply the aforementioned principle simply by looking at state circumstances, the sentence and the health condition of the active subject of the crime; leaving aside a constitutional right of the victim, to be repaired for having been affected his legal protected property; However, the latter may well claim by the civil jurisdiction, but the legislator has included several verbs in the Constitution of the Republic of Ecuador. as is the repair without further delay; therefore, the proposal is aimed at including a reform in the Ecuadorian criminal legislation that guarantees that the victim ends her ordeal in seeking to seek redress through the civil courts.