Jurisprudencia y Ciencias Sociales
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Item Hate speech e inteligencia emocional en estudiantes Universitarios(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Trabajo Social, 2025-02-24) Toapanta Chiriboga, María Fernanda; Pino Loza, Eulalia DoloresHate speech is a historical issue that, with the expansion of the internet and social media, has intensified and spread rapidly, negatively affecting social cohesion and emotional well-being. This phenomenon is characterized by discriminatory expressions directed at individuals or groups based on traits such as ethnic origin, religion, gender, or sexual orientation. In the university context, these divisive narratives can impact students, who face challenges related to their emotional ability to manage and respond to these adverse situations. The aim of this study was to analyze the relationship between emotional intelligence and the role played in response to hate speech among university students, using two previously validated instruments. The sample consisted of 160 students from the Social Work program at the Universidad Técnica de Ambato. Through a quantitative approach, data were collected and analyzed using statistical tools that allowed for the identification of behavioral patterns and relationships between the study variables. The results showed a significant correlation between emotional intelligence levels and participation in hate speech contexts. Students with higher emotional intelligence skills were less likely to take on roles as victims, perpetrators, or passive observers in hate speech situations. Additionally, it was found that students’ emotional intelligence levels fluctuate throughout their academic training, improving in intermediate stages but declining in the later semesters, possibly due to factors such as academic stress and professional anxiety. It is noteworthy that emotional intelligence not only acts as a protective factor against hate speech, but also fosters assertive responses and reduces the prevalence of these negative dynamics. Skills such as self-control, empathy, and social competence proved essential for managing interactions related to hate speech. Furthermore, it was observed that Social Work students tend to adopt a measured observer role rather than that of victims or perpetrators; this passivity could perpetuate the phenomenon if it is not transformed into preventive or intervention actions.Item El stalking en redes sociales digitales en la etapa de enamoramiento en estudiantes universitarios(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Trabajo Social, 2024-02) De La Cruz Tubón, Karen Dayana; Martínez Bonilla, Carlos AlbertoStalking in digital social networks during the infatuation stage refers to the inappropriate use of intemet browsing that relates to communication with one's partner, through online applications where posts, connectivity, location, and views are activated, in order to stalk, control, harass, and intrude repeatedly and intrusively. The research focused on analyzing the influence of stalking during the infatuation stage in university students, specifically examining the factors and characteristics of digital harassment in Communication students at the Technical University of Ambato. A mixed approach was used, using the survey as a quantitative technique and the questionnaire to assess abuse in teenage relationships (CARPA) created by Calvete, Machinbarrena, González, and Fernandez in 2021, consisting of 21 items distributed in four dimensions - online control, actions, reactions, and self-perception of the relationship. The target population consists of 360 young people, with a sample of 187 individuals, within a limited range of 18 to 25 years old. In the qualitative part, a focus group with 3 participants who were stalking victims was conducted using the interview guide created by Zbairi in 2015, consisting of five questions that covered the dimensions of knowledge, experimental situation, past experiences, victim's perspective, and solution opinions. This exploratory, descriptive, and correlational study employed an analytical-synthetic, hypothetical-deductive, and inductive method. The results reveal the presence of problematic behaviors, showing appropriate use of digital platforms and influence on romantic relationships. The perception of stalking derives from digital violence, referring to a neologism of espionage, for obtaining information and control of movements. Based on the schematization of the narratives, the lack of knowledge about stalking and gender differences in responses highlight the need for a gender-sensitive approach in understanding and addressing digital stalking in university settings.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 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 suspensión condicional de la pena y la violación al derecho de las víctimas(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-11) Castro Onofa, Jorge Leonardo; Espin Sandoval, Luis FernandoThe current reality that we live in our country; Is that we are, in a constitutional state of rights, as established in the Constitution of the Republic of Ecuador, and it is for this reason that in the national legal order, to be more precise in the Integrated Code of Criminal Procedure, The conditional suspension of the criminal in article 630 of the code mentioned above. This mechanism constitutes an alternative measure, for those sentenced whose custodial sentence does not exceed five years, in addition the sentenced should not have another ruling in force, in turn their personal, social and family history, as well as the character of crime are samples That the execution of the sentence is not required; As clearly mentioned in the requirements established by COIP for the application of this mechanism; Crimes against sexual and reproductive integrity, violence against women and members of the family are situations in which the application of this benefit will not proceed for any reason. The sentenced who has benefited from the application of the conditional suspension of the sentence, once, has met the requirements, must comply with some conditions provided in article 631, the main reason for this research project is the one indicated by Number 7, which refers to reparation of damages or payment of a certain amount as compensation to the victim, in the form of integral reparation or guarantee some form of payment, this ensures that the victim is repaired by The damages suffered. As can be seen in the previous paragraph, one of the conditions that the sentenced must comply in order for the conditional suspension of the sentence to take effect is to ensure full reparation of the damages suffered by the victim, but this reparation must be comprehensive and Must comply with what is established by article 11 numeral 2 of COIP; Which refers to the integral reparation of the damages suffered as a fundamental right of the victims, and which also indicates the most appropriate mechanism for the application of this repair; These mechanisms include knowledge of the truth, restoration of injured rights, compensation and guarantee of non-repetition of inflation, satisfaction of the violated right, ensuring that these are fulfilled without any delay or delay ; These mechanisms will be used according to the offense of which they have been victims. As stated above, reparation for damages suffered by the victim must be executed correctly and promptly; Which does not happen in the case of the conditional suspension of the sentence. As stated above, in the condition stipulated in article 631 numeral 7 where the repair of damages is mentioned, there is no mention of a time limit for compliance with the same. Although it is true that there is no established time for the fulfillment of the reparation of the damages suffered by the victim, it is also undeniable that those sentenced who have access to this benefit, such as the conditional suspension of the sentence, must show their Interest in repairing the damage caused.Item La violación con muerte a niños o niñas y la regulación de penas en el COIP(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-06) Vargas Tisalema, Méntor Fernando; Espín Meléndez, María CristinaThe present graduation work entitled "THE VIOLATION WITH DEATH OF CHILDREN AND THE REGULATION OF PENALTIES IN THE CORE COMPREHENSIVE CRIMINAL CODE" proposes to implement the integral reparation of the victim by the State. In Ecuador the crime of rape with death causes great social commotion among its inhabitants, the National Police through DINASED states that in 2014 were 5 and 2015 6 cases giving an increase, it is clear that the figures are not so extensive , But since the victim is a child, and because it is considered a priority attention group, the population in general is concerned about the violation of fundamental rights established in the Constitution, such as the right to life, the right to physical, moral, And sexual. The Comprehensive Criminal Organic Code called COIP, which entered into force in 2014 typifies and punishes criminal offenses, the crime of rape with the death of children is punishable by a custodial sentence of twenty-two to twenty-six years, is taken in Account the circumstances of the offense, as well as the integral reparation of the victim, thus treating the convicted person to pay the material, personal or social damage caused. With the information collected and after the analysis and interpretation of the results, it is considered that the integral reparation of the victim must be assumed by the Ecuadorian State provided that the condemned person does not have the necessary resources since implementing this measure in the Organic Code Integral Penal COIP, the full reparation of the victim, his / her relatives and society in general may be effectively effectuated. From what can be said that this work of investigation is of importance and transcendence, since it tries to reform article 171 in relation to the violation with the death of children thus trying not to violate constitutional and international rights of the children.Item El proceso penal y el principio de presunción de inocencia de las personas privadas de libertad(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2016-11) Paredes Villavicencio, José Luis; Pazmiño Vargas, Klever AlonsoThis research deals with the criminal proceedings and the principle of innocence of persons deprived of liberty that after a confirmatory judgment of innocence regained their freedom. It is common knowledge that these people during the time they were deprived of their liberty have unfairly lost their jobs and suffered psychological and moral damage they and their family, because when the company learned that are deprived of freedom it generates a immediately subject to discrimination. The problem is that during the time of imprisonment the presumption of innocence of these people was violated because they were always innocent. As there is a violation of Constitutional rights should also be compensatory measures for people who suffered such an infringement. The Code of Criminal Integral Article 238 establishes only compensatory measures for victims of crime but does not establish compensatory measures for those who remained in detention during criminal proceedings and sentence by innocent ratified. Legislators do not realize this reality because when establishing remedies in criminal proceedings only thought about the victim of a crime and but not in those who remained unjustly deprived of their liberty, leaving aside the violation of the right presumption of innocence that suffered these people, leaving them obliged to claim damages by civil courts, which generates economic cost for the state and for the plaintiff to solve the process and also involves use of time for processing of process.