Jurisprudencia y Ciencias Sociales
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Item El derecho a la libertad de expresión: análisis del caso radio pichincha universal(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-21) Bucheli Escobar, Karen Mishell; Vargas Villacrés, Borman RenánThe right to freedom of expression is a fundamental element within society, it guarantees that there is a fair and balanced democracy in the different countries, so that the population when exercising this right can express themselves freely about the different events, being a right enshrined in the Constitution of the Republic of Ecuador, it is guaranteed and safeguarded by the State, which ensures that there will be no reprisals when exercising it. There are international organizations that protect this right, even cataloging it as fundamental for individuals. Therefore, the objective of the research is to carefully analyze the national regulations in Ecuador such as conventions and treaties issued by international entities that safeguard freedom of expression, in addition to analyzing an emblematic case in the country "Radio Pichincha Universal". For this reason, the qualitative methodology was used, employing an analytical, explanatory approach, based on secondary sources to obtain information on the subject. Through the investigation, it is concluded that despite the fact that Freedom of Expression is a fundamental human right and is enshrined in regulations such as the Constitution of the Republic of Ecuador and international regulations, it has been violated not only by the Ecuadorian State but even by other countries, since in some way citizen opinion does not benefit the government in power, thus generating reprisals towards the media with the aim of closing them down and not allowing them to disseminate their opinionsItem Derecho a la calidad de vida digna: Derechos laborales de las trabajadoras domésticas, en el cantón Guaranda provincia de Bolívar(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Muñoz Rivera, Alex Santiago; Masabanda Analuiza, Galo IvanThis paper is an investigation on the right to a decent quality of life for domestic workers in Guaranda canton, Bolivar province. Its main objective is to analyze how this right is fulfilled among these workers, who are in a situation of vulnerability and labor exploitation. Given that their place of work is the homes of the citizens of Guaranda, control is difficult, which facilitates the continuous violation of their labor rights and prevents them from satisfying their basic needs to achieve a dignified life. In addition, this research seeks to determine the specific labor regime of domestic workers, identifying the main gaps between legislation and actual practice, and proposing measures to eliminate these gaps and improve their quality of life. The research, carried out using a non-experimental design and a mixed methodological approach, included three interviews with labor experts and 100 surveys of members of a union of domestic workers in Guaranda canton. The findings reveal a significant violation of their labor rights, reflecting insufficient control by the competent authorities. The workers do not receive the fourteenth salary or the thirteenth salary, lack insurance, are not granted paid vacations, are not paid for overtime, and the mandatory breaks established by law are not respected, which undermines labor rights recognized in the Constitution and international treaties. This situation affects both women workers and their families, underscoring the need to implement policies and actions to ensure fair and dignified working conditions in the domestic sector. This problem shows how the work environment in private homes makes it difficult to monitor and regulate effectively, allowing domestic workers to continue in a state of exploitation and vulnerability. The results of the research seek to serve as a basis for developing policies that promote equity and protection of labor rights, improving the quality of life of domestic workers and their familiesItem El derecho de alimentos en condiciones de doble vulnerabilidad en el sistema de fijación de pensiones alimenticias(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado: Maestria en Derecho Constitucional, 2023-03) Heredia Larrea, Ana Cecilia; Frías Raza, Sergio EdmundoItem El modelo humanista existencial de intervención y la reinserción familiar de niñas y adolescentes del centro de acogimiento Dorotea Carrión de la Ciudad de Loja(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Trabajo Social, 2021-05) Jiménez Sagbay, Carina Rosibel; Balseca Basantes, Jeanneth ElizabethInstitutional Foster care is considered as the last resort in the fase of the vulnerability present in the chindren: girl, boy and adolescents, the purpose of it settles in the protection and preservation of the violates rights, and the prevention of this measure is based on the education of the families. In this sense, the present research project aims to determine whether through the application of the Existential Humanist Intervention Model, it is possible to achieve the family reintegration of those girls and those adolescents from the Dorotea Carrión Shelter Centre in Loja city. The present study sets up in the exploration of bibliographic material, research of an international, national, local nature, and the legal body for the construction of the theoretical framework of this research project. In this context, the qualitative methodology was used and it allowed contextualizing the reality of each family through the application of the Existential Humanist Model, and led to the establishment of the conclusions as well as the recommendations for the process of reintegration with their girls, and adolescents, biological family, from the Dorotea Carrión Shelter Centre in Loja cityItem La vulnerabilidad de la libertad de expresión en las manifestaciones artísticas en la ciudad de Ambato, Provincia de Tungurahua(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Comunicación Social, 2021-02) Rodríguez Tapia, Tatiana Katherine; Naranjo Gamboa, Byron OrlandoFreedom of expression is a gift that people have, it is a primary means to be able to communicate in the daily life of the human being, show an ideology before life and be able to better disseminate everything that interests us in any area, be it social, cultural, political, and religious, as long as this right does not go against the integrity of others. It is a fundamental right that all people have and that can be exercised in any place and at any time through any manifestation, which do not exceed the limits allowed in established laws, people have the freedom to exercise their right as many times as necessary because thus they are promoting and protecting their rights as citizens and that these in turn are supported by governments. But if freedom of expression is a right of every human being because it has limits? It is evident that society is the axis so that artistic practices can come to have their due importance. But how involved is society? There are many groups of artists who seek to be heard, who seek to show their works and be valued for the work they do, but this is a constant struggle since many artists do not have the necessary help to develop in the art environment. Artistic manifestations have become the most suitable means to be heard and ensure that their right is respected, but it must be clear that freedom of expression does not support demonstrations that provoke violence, the person who thinks that their opinion is more It is important that the others would be turning into someone selfish, that is why knowing the concept of freedom of expression in artistic manifestations is the step to demonstrate that art is a magical world that is expressed through their works.Item El rol del trabajador social en la intervención en eventos adversos de gran magnitud(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Trabajo Social, 2020-08) Yánez Gallo, Mishell Estefanía; Torres Carrillo, Silvia SusanaThe research carried out has been generated based on perceived problems in the different phases of an emergency and disaster, in which the role of the social worker as a participant in the different actions and activities carried out with the affected population has been questioned. That is why an investigation has been generated is of a qualitative nature through the collection of life stories of professionals in the area of risk and disaster management and social work, who through their experience have generated an appreciation about the subject and its feasibility to take it to out to future. The results made visible the need to give prominence to the social worker in the area of emergencies and disasters and that this from their professional sphere can provide support and strengthen the prevention, response and recovery of victims of largescale adverse events.Item Retorno migratorio y género(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Trabajo Social, 2020-08) Reyes Mayorga, Mayra Alejandra; Haro Lara, Aída PatriciaInvestigating the relationship between migration return and gender was the aim of this research through knowledge of the causes and identification of the gender perspectives of migrants. This was consolidated through the joint investigation. The results were tested and combined through the DEXPLOS sequential exploratory design, which facilitated the cross-over and combination of results. From the quasi-informative predictions resulting from the life stories narrated, two questions were elaborated and applied through the informal qualitative interview unveiled to the sample of 70, 35 men and 35 women from returnee families as father and mother of the family, out of the results, a survey with closed questions was prepared and applied to 40 of the migrants' oldest children in compliance with the quantitative research. For the application of the techniques was determined the sample through the chain or nets, better known as snowball. The causes that led to the return of Ecuadorians who migrated to Venezuela were: economic violence and social violence. It was found that there is no link between migration and gender, despite the fact that, within the migration cycle at the time of employability, Ecuadorian women in Venezuela were hired to carry out domestic activities. When they set up their own businesses, they worked independently, generated income and combined their activity with that of housewife. The power relations were not established within the family context, but were evidenced in the same Venezuelan society within the labor field, the Ecuadorian woman specifically that of Picaihua was considered as labor for domestic activities. "To speak of the return of migrants from a gender perspective is to speak of the influence of power relations between men and women on the composition and characteristics of migratory flows" (Carretero, 2016.)Item La condición humana de una persona privada de la libertad y su dinámica familiar en el centro de rehabilitación de la ciudad de Macas(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Trabajo Social Familiar, 2017) Tapia Calle, Jhenni Patricia; Mantilla Falcón, Luis MarceloEXECUTIVE SUMMARY The human condition of people deprived of liberty is precarious because there are many negative influential factors, there are no recreation activities or real rehabilitation, with the approval of the National Plan for Good Living that was implemented in the period 2010-2013, has been In order to improve in some way the conditions of equality and non-discrimination of Human Rights, in this way this investigation addresses some consequences of "The human condition of a person deprived of freedom and their family dynamics in the Center for Social Rehabilitation of the City of Stretchers ". Similarly, the study of the vulnerability of family dynamics is addressed; their conflicts that are developed by being away from the family, such as taking another course because having problems with the law have violated their lifestyle. It is intended to start the path that can answer the question what can we do in this context? A Social and Family Reintegration Plan is proposed, which will strengthen family relations, providing prisoners with the opportunity to re-enter society, fulfilling the necessary conditions to do so.Item Pago del Décimo Cuarto Sueldo en pensiones alimenticias y el principio de proporcionalidad(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, 2017) Saravia Vásconez, Ana Maricela; Tipantasig Cando, Jaime TarquinoABSTRACT In Ecuador the economic crisis is evident affecting the middle and lower classes, unemployment is definitely present, which is an obvious factor that causes the delay or failure to pay food, these obligations are subject to trials And in most cases to the deprivation of their liberty, in this way this investigation addresses some consequences of the "payment of food as it has to do with the payment of the Fourteenth Salary that are applied in alimony and the principle of proportionality," Mention is made of the table that is applied for the fixing of maintenance payments and the nonconformity with the values obtained by it. So also how the principle of proportionality is affected, when designating a value to a single fed, being violated the test of proportion to assess the constitutionality of a restrictive measure of rights. The question that is of interest then is how and with what requirements rights can be limited. In fact, the principle of proportionality is now perhaps the best known and most recurrent limit on the limits of fundamental rights, and to that extent it is a barrier to undue intrusion into the realm of rights. It is intended to start the path that can answer the question what can we do in this context? It is proposed the creation of a bill to reform the innumerated article 16 numeral 2 of the reformatory law to title V, book II of the Organic Code of Childhood and Adolescence, which will fill the legal gaps and distribute payment equally Of the Fourteenth Salary.Item El delito de sicariato y los adolescentes infractores(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-07) Espin Silva, Félix Andrés; Espín Sandoval, Luis FernandoThe crime of punishment has become a social problem where the life of a person has value, where children and adolescents are used in situations of abandonment and risk, Ecuadorian legislation in the Penal Code condemns punishment, but not Establishes specific sanctions for adolescents who are involved, are not judged as adults when they commit crimes against the inviolability of life, the provinces of Guayas, El Oro, Manabí, Sucumbíos and Esmeraldas are the provinces most affected with the greatest number of cases, Adolescents are used as instruments for criminal activities by gangs and gangs who knowingly recruit and use them who are not judged as adults with their minors status and the absence of regulations that regulate with greater emphasis the punishable acts of This group, is based on the critical paradigm proposition, in the Constitution of Ecuador, the Organic Code Comprehensive Criminal Code and Code of Children and Adolescents. The study was bibliographical, field, descriptive, correlational, a survey was applied to 327 lawyers of free professional practice of the canton Ambato, which yielded the following results: adolescents commit offense of punishment according to the criterion of 41% of respondents to be found In a situation of vulnerability, if cases of juvenile offenders involved in this crime are known, they commit minor criminal acts, highlighting conduct contrary to public order, even vandalism and even robberies in a lesser percentage, they hardly commit serious crimes such as homicide. It is proposed to reformulate article 385 of the Childhood and Adolescence Code to punish juvenile offenders who committed crimes of punishment, where changes were made to the regulations and specified some conditions for the application of the law.