Jurisprudencia y Ciencias Sociales
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Item La vulneración al derecho de libertad en las excepciones previstas en el artículo 529 del COIP(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-11) Espín Escobar, Ricardo David; Rodríguez Barroso, Christian IsraelThis research project focuses on analyzing the violation of the right to liberty in the exceptions provided for in Article 529 of the Comprehensive Organic Criminal Code (COIP) in Ecuador. It specifically examined how these exceptions impact the procedure established in the aforementioned article during the Flagrancy Qualification Hearing, contrasting it with the provisions of Article 77-1 of the Constitution. The objective is to analyze how the violation of the right to liberty in the exceptions provided for in Ecuador impacts the procedure established in Article 529 of the Organic Integral Penal Code (Reformed) during the Qualification of Flagrancy Hearing, in comparison with the provisions of Article 77-1 of the Constitution. Methodology, an exhaustive documentary review of the relevant legislation, relevant jurisprudence and academic literature on the right to liberty, the exceptions contemplated in Article 529 of the COIP and the relevant constitutional provisions was used. An interview with judges and a semi-structured survey of free practicing lawyers were conducted in the criminal area, and first-hand information is obtained on the practical application of the legal and constitutional provisions analyzed, as well as the perceptions and experiences of judicial actors in relation to the violation of the right to liberty. The provisions of Article 529 of the COIP and Article 77-1 of the Constitution are compared in terms of the protection of the right to liberty and the guarantee of rights during the Qualification of Flagrancy Hearing. The study identified the main exceptions contemplated in Article 529 of the COIP and their practical application, analyzed how these exceptions affect the right to liberty during the In Flagrancy Qualification Hearing, and evaluated the coherence and adequacy of these legal provisions with the constitutional standards established in Article 77-1. In conclusion, the study provided a critical perspective on the effectiveness of current regulations in the protection of the right to liberty in the specific context of the exceptions of Article 529 of the COIP and its relationship with the Constitution.Item El estado y los adultos mayores en situación de abandono(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2020-11) Acurio Maldonado, Pablo Manuel; Frías Raza, Sergio EdmundoToday, older adults are at constant risk because of their age and the risks it entails, and they must have more protection and care not only by their families, but also by society. Taking into consideration that the life we lead is thanks to the efforts and sacrifices that in their time were made by these older adults who are going through difficult times. The object of study of this work of investigation is the relation between the older adults who are in a situation of violation of their rights when being in a total abandonment and the state as guarantor the fulfillment of the rights and obligations of all its inhabitants, thus to be able to determine the mechanisms and programs for the fulfillment of the stipulated thing in the Organic Law of the Older Adult and as well the Magna Carta. By gathering information from health professionals, social workers and lawyers in free practice through interviews, it has been possible to successfully collect the characteristics and risks faced by the elderly, as well as the mechanisms for their protection and who is directly responsible for carrying out their compliance in the case of total abandonment. After this work was carried out, it was concluded that the State, through its public agencies, must guarantee the effective fulfillment of the rights that protect the dignified life of the elderly in any situation they may find themselves in.Item La minería ilegal y la vulneración de los derechos de la naturaleza(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2109-11) Ulloa Sánchez, Kerly Estefanía; Espín Sandoval, Luis FernandoThis research project with the theme "ILLEGAL MINING AND THE VULNERATION OF THE RIGHTS OF NATURE" seeks to investigate how illegal mining violates the Rights of Nature; with the application of the qualitative and quantitative methodology which the application of it we can clearly determine what are the causes and effects around the mentioned subject; in addition to examining the regulations that regulate both Mining and the Rights of Nature in our country; This project has great importance because covering the nature of rights is relatively new in Ecuador, it is a responsibility for all of us who are part of it to know and defend these rights in order to set precedents for the fulfillment and application of said rights indicated in our magna letter. When carrying out the research project it is possible to establish different irregularities that arise in relation to the legality of due process by granting permits, environmental records and land concessions to mining companies that are in the different phases of mining in our country; specifically pointing out those found in the Intag sector where these irregularities have been evident, which cause the damage of the rights of nature since in breaching that was agreed regarding permits and registrations, their existence is not fully respected, their existence restoration and regeneration in terms of their life cycles, structure, functions and evolutionary processes. So that, with the results obtained it is clear that the rights of nature are infringed by illegal mining due to it is not a responsible mining and linked by the regulations that regulate it so that nature is totally affected and not only her but also the communities or towns that live in the areas where this activity takes place.Item El derecho a la identidad y el interes superior del niño, en el Cantón Ambato, Provincia de Tungurahua(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-09) Vaca Barona, Mónica Paulina; Tipantasig Cando, Jaime TarquinoThe right to identity and the best interests of the child, has the purpose of the present investigation that respects the right to be recognized by their parents from the moment of birth and if for some reason they do not enjoy the same surname, the injured can access the claim and investigation of paternity at any time of his life, where there is no prescription for time and may even be done by the father or mother, who guarantees the State, together with the laws, the enjoyment of the right to be recognized by their parents, which is the fundamental to be able to access other rights, such as providing food, being involved in inheritances etc. In view of the fact that it is a social problem that generates rejection and discrimination because it is called illegitimate children, it is a subject that must be studied, generating quick solutions since it is more than sufficient the lack of love and family dysfunction, since unexpected children tend to suffer from birth, diverse behaviors of their parents, which vary from acceptance, resignation and refusal to take responsibility. The last point is key because without it the normal performance of the child's life will not be the same as the legitimate ones, let alone full, that is why the State is responsible for fulfilling its right and any person who has an interest on the same one it will be able to impel the action of investigation of paternity and as main cause that there are no obstacles, much less contradictions with the Constitution, no law that can be extinguished or prescribe the right to take the last name of its parents.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 El Derecho de alimentos en las personas con enfermedades catastróficas y los derechos garantizados en la constitución(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-11) Miranda Cordovilla, Chrystian Santiago; Montero Solano, Juan PabloThis ongoing investigation carries the theme "THE RIGTH OF FOOD IN PEOPLE WITH CATASTROPHIC DISEASES AND THE RIGHTS GUARANTEED IN THE CONSTITUTION ". This research is in response to the need to create a legal basis to contribute to the problems and needs of people with catastrophic illnesses on the fact of providing the right food, that is when the person suffering the catastrophic illness has obligor quality in the province of Tungurahua. Constituting a topic of interest for society as a large percentage of the population suffers from these diseases whether these congenital or acquired. Solutions to the existing problems is proposed, after making a profound social analysis of population conducted in the Courts or Judicial Units of Family, Women, Children and existing Adolescents in the province of Tungurahua, Ambato City, the same that is directly related with the research topic, in order to have a deeper and successful, in their view violated rights. This research proposes a reformatory law to certain articles of the Code of Children and Adolescents regarding the chapter on the right to food, the same that safeguards the group of priority such as people with catastrophic diseases in the sense of fairness and proportionality , watch and then assert their constitutional rights, and other benefits set out in international law and treaties, constituting a national policy in which people with catastrophic illnesses can exercise all their rights among the legal certainty.Item El homicidio culposo por la mala práctica profesional médica y la responsabilidad de la persona jurídica.(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017) Llerena Cisneros, Luis Ramiro; Tipantasig Cando, Jaime TarquinoABSTRACT Professional bad medical practice derives from being aware that this new type of criminal is of paramount importance for both patients and professionals, ie the existing responsibility with the legal entity that makes us responsible as law professionals An analysis, in our legal body has not been treated in depth, this new crime, omitting basic principles that must be taken into account in medical malpractice, believing that has left very strong legal loopholes, leaving the free Judges and judges, for this reason this work is intended to demonstrate that there are many elements that have been left in the air at the time of typifying a sanction, both for the same professionals as for legal entities or those responsible for such institutions without There are degrees of responsibility, without an adequate and clear specification leaving the medical professionals in complete violation and at risk their great work; With this investigation we can realize that the state does not have the technology, and the personnel trained to carry out a technical investigation. Being convinced that this new type of criminal is important since there are excellent doctors there are professionals without ethics and can not be left in defenseless patients, but provided that is the legal and due form with a fair standard, for which it is issued The veracity of the judge always taking into account that the doctors are not delinquents and that this type of crimes are Culpable offenses also in our Constitution in its title II, second chapter art. 32 points out that health is a right guaranteed by the State. The State will guarantee this right through policies, economic social cultural, and permanent access timely and without exclusion. The provision of health services will be governed by the principles of universality, equity, solidarity, interculturality, quality efficiency and effectiveness, for which the legal person is also responsible for the actions of the responsible physicians.Item El acoso cibernetico y el principio de seguridad juridica(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-07) Serrano Quiroga, Elizabeth Carolina; Vayas Castro, SantiagoCyberbullying is behaviour that generates assaults the victims, by the Cyber stalker, through electronic or telematics, media which includes in some way both to children, boys and adults, by which the latter are not exempt from the Commission of this phenomenon, since one of the behaviors involving this issue are the humiliations threats, psychological aggression, discrediting of the victims in the various social networks, as well as also the dissemination of information not consented to by internet, exclude a person by its conditions, etc., situations that currently can suffer it any person operating these media. This research work, be a fruitful analysis, allowing us to know the ways in which this social phenomenon occurs in society, on the other hand to analyse measures the State and the right itself to address this existing problem in our society. We noted the strong need for the conduct of cyber bullying as a criminal offence in the comprehensive code of criminal, and that this reform to be carried out, is a positive contribution to the administration of Justice. There has been a strong need to take legal action to eliminate or mitigate cyberbullying, a phenomenon that is latent in society taking the necessary measures to avoid breaching the principle of legal certainty, since the lack of definition of the figure of the Cyber bullying and the shortcomings of the current code, causes people who use the technological and electronic means are exposed to tolerate attacks against which the law has not expressed clearly, as to its action. On the one hand for the execution of the present research project, was assisted by prosecutors, lawyers for free exercise, members of the cantonal Executive of Tungurahua, students of the Juan Montalvo school, servants, so based on interviews and surveys you can determine and check the existence of cyberbullying in the society, as this problem originates how it affects society, and the possible solutions that it can be granted on the basis of the law.Item Los delitos informáticos y la investigación fiscal en las entidades financieras cooperativas, del segmento uno de la economía popular y solidaria en el Cantón Ambato, Provincia de Tungurahua(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2016-06) López Barrionuevo, Soraya Aracelly; Guevara Fuentes, José RubénThis research work is the final report of the study of cybercrime and tax research cooperatives segment each canton Ambato financial institutions, taking into account this premise proceeded to obtain information through a situational analysis, the same as He facilitated the visualization of the problem and the proposed variables. Then predicted understood that if there is an adequate tax investigation into cybercrime a safe environment is created in justice to the citizen. It was based on research Marcelo Tempereni which states: "The combination of crime with the potential of new technologies has led many Latin American countries opted for the generation of new criminal figures of actions related to information technology", same as they have not allowed to continue violating the rights of users especially in the cooperative financial system of Ecuador. It worked with the critical paradigm - purposing, even questioning the schemes of research and establishes alternative solutions to the problem, was developed in an exploratory and descriptive level, with the mode field in which the survey was used as techniques and interview, using a questionnaire of closed questions and an interview script that helped them test the hypothesis. The results were processed using the Excel program presented in tables and graphs. The hypothesis was tested concluding that an adequate fiscal research influences the penalty for computer crimes and that such governmental institution is called to improve the levels of application of justice in Ecuador.Item Incumplimiento del estado y la vulneración del derecho a la seguridad social de las personas privadas de libertad(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2016-06) Guamán Rivera, Edisson David; Guevara Fuentes, José RubenThis research is based on that is not aimed only at ensuring constitutional principles and rights of third people through the process. Basically, it looks for a legal reform that helps us to access to those unrestricted rights. To be consistent with the research work we always start with the provisions of the Republic Constitution, as the supreme rule, which has Supremacy Constitutional over any other law, then we focus on the International treaties and conventions ratified by Ecuador, with the only exception that the same human rights to be treated are inclusive over of our Constitution. The Judicial Protection Right becomes the paradigm of this work, because it has as its primary objective the legal protection of rights, which cannot be violated by judges. We should not forget that fundamental rights are born with modern constitutions.