Jurisprudencia y Ciencias Sociales

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Subject: search.filters.subject.SENTENCIA

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    Relaciones familiares en personas privadas de libertad sentenciadas por delitos en contra de la familia
    (Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Trabajo Social, 2022-03) Jurado Realpe, Maite Soledad; Campoverde Quijano, Edga Maribel
    Part of the problems that human facing up related to the family context, the parenting style with which we are educated and the environment in which we grow up are the essence in the development of all life itself. Therefore, these factors will depend on the quality of family relationships and their ability to overcome crises during the family life cycle. In the context of those deprived of liberty, these relationships may or may not be affected by distance and in this case by committing the crime towards the family. The present investigative study was carried out with the purpose of knowing the family relationships of the people deprived of liberty who committed a crime against the family, for which a qualitative-quantitative approach was used, for the focus qualitative, work was focus based on semi-structured interviews, while for the focus quantitative the FF-SIL test was used, which allows knowing family functionality, and the Family Apgar, to size the level of satisfaction. The total population of the study was 30 PPL from the Tungurahua N1 Deprivation Center. Based on the data, it was obtained that the family relationships of persons deprived of liberty, sentenced for crimes against the family, have not been affected for the most part, since they have already suffered a breakdown at some point in the life cycle. family.
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    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 Alonzo
    The 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.
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    El alcohotest como elemento probatorio en las contravenciones de tránsito y el derecho constitucional a la seguridad jurídica
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-03) Chango Manobanda, Victor Orlando; Altamirano Zavala, Andrea Marlene
    This investigative work is presented to connoisseurs in the field of law, those dedicated to carry out arduous work in behalf of the community, and in particular to Law students of the Technical University of Ambato. This work is the result of a systematic study of one of the problems that affect society, such as the violation of legal certainty that is developed within traffic violations, a violation that occurs at the moment that, the judge of Traffic, considers evidence of alcohol as sufficient elements to determine that a driver was driving a vehicle under a certain degree of alcohol per liter of blood, and sanctions according to the results issued by the alcohotest device, without considering that, the device of alcohotest is actually measuring the level of alcohol inhaled in the air by a person, and that for that reason, the device of alcohotest reflects the results in milligrams and not in grams, as typified by the Criminal Integral Code. Then we proceed to the detailed analysis with the collection of all the information, manifested in the theoretical framework, being able to describe the scientific background, as well as the psychological and legal basis, in addition to the dependent and independent hypotheses and variables, it was verified that when a traffic judge considers evidence of alcohotest as sufficient evidence to punish a person within traffic offenses, this is violating legal certainty. The methodology designed for the research has a general logic; with the modalities of the field, descriptive, bibliographical, documentary; with the determination of the investigative instruments and its procedure in order to carry out a detailed study of the case, in order to formulate the conclusions and recommendations that led us to formulate a proposal, such as the reform of the Comprehensive Criminal Organic Code, it will allow us to undergo alcohol tests to determine the exact amount of alcohol in each liter of blood and so that the alcohol test be used as mere way for a person to undergo alcohotests. The alcohol test can not be considered as conclusive evidence of traffic violations, since alcohol tests estimate the amount of alcohol exhaled by a person in the air, which is why the results emit it in milligrams of alcohol per Liter of exhaled air, a measure that reflects being different from the one that typifies the Art. 385 of the Code Integral Penal Criminal, since the norm typifies three different scales of alcohol in the person.
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    La justicia indígena en al comunidad Salasaca, y los derechos garantizados en el Art. 66 numeral 3 literal c de la Constitución de la República del Ecuador
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2016-10) Sánchez Morales, Nancy Janeth; Cortes Naranjo, Edwin Wilfrido
    The currrent paper focuses primarily on the extensive and painstaking study of inadequate implementation of the Indigenous Justice by the Indigenous authorities, because in my opinion it needs a thorough analysis to address certain shortcomings that produce the violation of constitutional guarantees and rights the same as in a precise manner are disaggregated for better understanding throughout this work. When we discuss about Indigenous Justice reference is made to the ancient customs that have been practiced for several generations back in the communes, communities or indigenous towns, granted by their own tradition, culture and ideology, makes the indigenous justice system in Ecuador one with a special procedure, penalties and process are transmitted orally, they are curative, wanting to achieve in the offender a purification of the soul and spirit. But the Indigenous Justice is confused with lynching or violence, since the administration of indigenous justice is conciliatory and restorative and does not penalize those who violate rules. It should be taken into consideration that judging a person, this is why we must be meticulous and observant in the treatment of this topic, which is why this project provides a solution sought to a series of abuses and irregulaties committed when judging a person in the indigenous area. That is why and for many reasons my proposal is balanced and has a purpose, which will give our Indigenous Justice a new way of judging which will be effective and timely, aditionally it will enjoy Constitutional Guarantees and Human Rights, both for the offender as for the injured without discrimination or abuse people, thus achieving the good life we all pretend to have, working together without rivalry of any kind.