Unidad de Posgrado

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El delito de estafa y la mínima intervención penal
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-07) Vargas Galarza, Juan Carlos; Altamirano Dávila, Carlos Fabián
This investigation is based on the existence of two parts of law which provide solutions when they´re interposed these are civil lay and penal law. The actions that affect a person´ patrimony have generated a conflict to the judicial power of the State to solve because of the Constitution order to be activated as a last resource due to there is another policy that could bring the same or even better solutions to the same case. Considering that definitely fraud has damage as an intrinsic element. While in civil scope damage appears like a bad habit of consent and has as the consequence the nullity of the contract and the compensation for damage and detriment through judgement, situation that motivates to use only one part of law the patrimonial damage which comes from a voluntary act established in a contract that with an investigation is possible to suffer a bad habit against a parson´s will induced by one of the parts and no as a reason for a penal judgement. Finally a proposal is presented to reform the Integral Organic Code noting the effective application of the principle of Minimal Penal Intervention.
Los delitos sexuales y el derecho a la intimidad
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-07) Cárdenas Palma, Mercedes Fabián; Altamirano Dávila, Carlos Fabián
Currently there is a significant number of cases in which publications and disclosures of videos or photographs with sexual content are made in which the person who participates in them has not agreed to be recorded, published or disseminated, which is why there is a affectation of the rights of the person, mainly in regard to sexual freedom and the right to privacy. Despite the fact that people have not consented to the recording or the publication and dissemination of these videos or photographs, and their rights being affected, they have been unable to exercise any legal action, since currently the Organic Comprehensive Criminal Code does not it considers it an offense for the sole reason that the person has participated in them, which generates impunity and affects rights, which is prohibited by the Constitution of the Republic. he fact that, at present, there is no criminal offense within the Comprehensive Organic Criminal Code, which sanctions the recording, dissemination or publication of sexual videos of people without their prior authorization, constitutes an affectation of the right to guardianship effective, so that it generates impunity; For this reason, state measures must be taken to remedy this situation in order to protect the rights effectively as prescribed by the Ecuadorian Constitution.
Derecho a la tutela judicial efectiva y la ejecución de sentencias constitucionales
(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-10) Zurita García, Jessenia Alejandra; Altamirano Dávila, Carlos Fabián
The investigation addressed the right to effective judicial protection and its impact on the execution of constitutional sentences. As effective judicial protection is a right promulgated in the Constitution of the Republic of Ecuador, it should be fully complied with when executing a sentence, since this right, in addition to contemplating access to justice, due process, ensures that the sentence obtained in a trial is fulfilled. However, currently there are palpable cases where the role of the judge ends with the issuance of the sentence, often leaving it as a mere enunciation of rights or as a dead letter, ignoring that the work of the judge ends only with the complete execution of the sentence. The factors for which the constitutional sentences are not complied with, is the culmination of this investigation since, from that, the actions of non-compliance appear before the Constitutional Court, actions that have been filed several years ago and that to this date they do not have a solution, which is why this concern arises. What justice are we talking about when a person has not been able to have his rights repaired despite having a favorable sentence? The methodology used has both a quantitative and qualitative approach, since, with the data collected from non- compliance actions, the phenomena were interpreted based on the results and the way in which individuals experience the problem was examined. The research describes the characteristics of the unenforced sentences, exposes how the problem arises and, together with theories of various authors, consistent results have been given. With the sample obtained based on the daily experience of the Tungurahua lawyers forum, it is shown that aspects such as lack of clarity in the sentences, lack of motivation, gaps in the sentences, ambiguity, among others, are the factors for which the sentences constitutional are not followed. The investigation concluded with a revelation of the described problem, with a number of causes that have not been able to take effect despite the fact that they have a sentence issued by the competent constitutional body. However, the analysis compared to Colombian legislation provides a solution to the detailed problem, as well as mechanisms that will make our justice a true daily practice, providing citizens who trust in constitutional justice an answer to their needs.
Las empresas fantasmas y el derecho penal tributario
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-06) Merino Barreno, Byron Eduardo; Altamirano Dávila, Carlos Fabián
The degree work seeks to determine how the existence of the so-called ghost companies is directly related to the tax criminal law, due to the economic damage they cause in the collection of taxes, affecting the financing of the general budget of the State. In the investigative process, the configuration of tax fraud generated by ghost companies is studied through the use of non-existent economic transactions and what is their influence on the tax criminal law to reduce the risk of tax fraud, as well as of the people who intervened for the creation and operation of these societies. The investigative study is based on doctrine, jurisprudence and case studies in the tax and criminal area, important tools for the development of the product.
Las políticas del sistema de Rehabilitación social y la reincidencia de las personas privadas de libertad
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-07) Abad Sarango, Diana Kruspkaya; Altamirano Dávila, Carlos Fabián
This research paper focuses specifically on analyzing current policies of the Social Rehabilitation System, the purpose of this paper is to analyze the causes and effects that cause the recidivism of people deprived of liberty, based on doctrinaire concepts of authors, jurisprudence and international standards of Human Rights of which Ecuador is a part. It is intended to identify, reaching an analysis of the reasons that have caused serious internal commotion in the Penitentiary System, establishing mechanisms to avoid the violation of constitutional guarantees of the utmost importance and the rights of persons deprived of liberty with a conviction. Currently a controversy has been instituted and continues to generate negative conflicts of competence between the judges of criminal guarantees and judges of penitentiary guarantees, although the competence of each one is typified separately in the reform provisions, article No. 225 and the article No. 230, respectively, established in the Comprehensive Criminal Organic Code; in practice, the same judge that substance, knows and issues the condemnatory sentence is the same one that resolves, knows and issues the termination of the sentence; Therefore by legal mandate there must be an impartial and specialized judge in prison matters, the one who acted on the basis of the area of competence, for not existing the need to raise a draft for reform to the Organic Comprehensive Criminal Code, in the reform provisions , of Article 230 first paragraph; and the creation of the Unit of Penitentiary Guarantees, for the application of their competences that corresponds to both to be watched over the defendant and the victim, as well as to endorse the execution of the process of social rehabilitation, in this way both in adherence to the strict respect to their human rights.