Unidad de Posgrado
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Item El principio de control de convencionalidad en las sentencias emitidas por la corte Constitucional del Ecuador(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Comunicación, Desarrollo y Cambio Social, 2019-12) Pascumal Luna, Ricardo Fabian; Mayorga Naranjo, Nelson EduardoThis article gives an account of the object of the control of conventionality, in reference to the subjects obliged to apply it in the domestic legal system, from the perspective of the Inter-American Human Rights System. However, it was inquired how this principle is applied in the sentences issued. by the Constitutional Court of Ecuador, and its impact on the internal legal order of the State. The importance and interest of this research is focused on the fact that through the methodology of content analysis, 276 sentences of the highest constitutional body in the country were studied, with the purpose of determining the degree of application of conventionality, understood as conventions, judgments, advisory opinions and in itself the control that all administrative, judicial and jurisdictional authority must perform. The results were surprising, 99% of the sentences studied they do not apply the principle of conventionality control. We would explain why Ecuador has been declared internationally responsible before the Inter-American System, in addition to the payment of millions in compensation for reparations to the victims. The conclusion drawn from this investigation is that we have an unconstitutional legislation and jurisdictional system. It is essential to conclude that the Constitution of the Republic of Ecuador and no other norm of the internal legal order does not contemplate how and who should perform the control of conventionality of all acts derived from the jurisdictional organ, existing a normative and dogmatic vacuum in this regard.Item El derecho al libre desarrollo de la personalidad de los adolescentes y el principio de legalidad en los delitos de violación(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Comunicación, Desarrollo y Cambio Social, 2019-12) Arcos Morales, Jorge Enrique; Frias Raza, Sergio EdmundoThe proposed investigation takes place in the scenario of the right to free development of the personality of adolescents and the principle of legality applied in the criminal proceedings for rape offences, when the accused are offending adolescents. Thus, at first it would seem that there is an antinomy between legal principles; thus determining the objective of the investigative work, i.e. to check whether there is indeed a conflict between principles, as it is conceived superficially or failing that there are events that link the differentiation between a valid rule versus a current rule. The research was based on a qualitative approach; cases and decisions issued in criminal proceedings against adolescent soreness for rape offences were analysed; this from events that translate to the exercised adolescents their right to free personality development have had sexual relations with effective consent; facts that in the legal scenario and assessed in the criminal proceedings, come to determine socio-educational measures that are depriving of liberty against the indicated adolescents. It can be said that the Constitution of the Republic of Ecuador, when it states that adolescents will enjoy the common rights of the human being, in addition to those specific to their age; recognizes and guarantees a catalogue of rights, in favour of children, this with the aim of reaffirming the recognition of children and adolescents, as subjects of rights equal to all human beings, in all meanings and without limitations, satisfying the need for the right legal instruments to protect and ensure their integral development. It was concluded that both the right to free development of personality and the principle of legality are valid rules; however, in criminal cases where rape offences have been prosecuted against adolescents who have had consensual sex, it is verified that the principle of legality applies out of force, distorting the legal effects for which the above-mentioned optimization budget was created. In this line, the results obtained from both the application of the interview form to Judges of the Family, Women, Children and Adolescents Unit of the canton Ambato, Prosecutor of Adolescent soreness, and the Director of the Center of Adolescents Violators of the canton Ambato; as well as the implementation of the survey form applied to adolescents with custodial socio-educational measures for the crime of rape, thus corroboratingly the objectives proposed in the investigation. Finally, a proposal for reform to Article 171, numeral 3 of the Criminal Comprehensive Organic Code, is presented with the aim of harmonizing this legal provision with the dogmatic budgets of the Constitution of the Republic of Ecuador, which involves related rights interdependent and interdependent, among others, priority care, comprehensive development, free development of the personality and dignity of adolescents; sincere lylaws valid for full-term status, under the parameters of specialty subject to the Constitution, the International Instruments of Human Rights and the law.Item El discurso de la Iglesia Evangélica y los cambios Socioculturales en la Comunidiad Compañía Labranza Cantón Colta(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Comunicación, Desarrollo y Cambio Social, 2019-12) Arias Zapata, Marco Augusto; Naranjo Gamboa, Byron OrlandoThis research paper analyzes the evangelical discourse and socio-cultural changes that occur in the Compañía Labranza community belonging to the Colta canton. The study revolves around the main messages that are emitted in the ceremony or cult, they can be known through an informative table raised as a proposal, where what is said, what is said, what is not manifested and the intentionality are identified. Several statements are taken into account as a starting point as a qualitative investigation is sought in each message the "function manifests the consequences recognized and consciously sought by individuals, and by latent function that is not recognized or sought" (Marín, 1976). The results achieved allowed them to construct guidelines that contribute significantly to understand what is behind the evangelical discourse, intention of the message and the type of communication used.Item Análisis del proceso cultural de la cosmovisión Andina del Cantón Guamote(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Comunicación, Desarrollo y Cambio Social, 2019-12) Moyano Tapia, Ana Lourdes; Jiménez Sánchez, AlvaroThis research is a way of interpreting, guiding a series of ideas, senses around the social and natural context that surrounds men within the Andean Region, through the Worldview, as this ideal form has been called in the region. of the Andes. For this reason it is developed in Guamote, one of the ten cantons that make up the province of Chimborazo, is a population in which these elements of the Andean Cosmovision are present in the dialogue with contemporaneity. Its social composition, of indigenous prevalence. In addition, there are some symbolic markers of his Living Culture: The Carnival, whose central element is the designation of festive charges and gifts; The Semana Mayor, which includes a series of indigenous celebrations; The Fair of agricultural products, which appears as the largest in the province and still serves as a weekly place of intersection and exchange of survival elements. In addition to these elements, the life of the Guamote canton could be defined as its urban area and its rural area, composed of the latter, by social units known as Peasant Communities whose political and social organization continue, so I am concerned to write this thesis that We will discover in this process.Item Memoria histórica sobre la gestión de los alcades de Ambato (1979-2019) y los procesos de Educomunicación(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Comunicación, Desarrollo y Cambio Social, 2019-12) Miltón Isaias, Caguana Chimborazo; Viteri Torres, Walter FranciscoThis research paper is about the importance of know about historical memory through “educomunicación”, specifically, local historical memory regarding the managment of former mayors of Ambato from 1979, year when Ecuador returned to democracy after some years of ditactorship. This research isa sed o the importance of the awareness of historical memory for the empowerment of peoples, for their action from the knowledge of the past, as the need to consider historical processes for action in the present and with the certainty that the Historical knowledge can really strengthen peoples, even in their making of young people have a fundamental role.Item Problemas juveniles en la familia, colegio y en la Sociedad de los estudiantes de la Unidad Educativa provincia de Chimborazo del Cantón Pallatanga(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Comunicación, Desarrollo y Cambio Social, 2019-12) Luis Fernando, Lozano Jimbo; Jiménez Sánchez, AlvaroThe research project developed has as its theme: “The youth problems in the family, school and society, of the students of the educational unit of the Chimborazo Province of the Pallatanga canton”. On the other hand, the research sets out objectives within which The main objective is to apply the contents of the educational communication to identify youth problems in the family, school and society of the students of the educational unit “Province of Chimborazo”, in addition to contextualizing the variables of the research topic, as well how to know the level of involvement in youth social problems of both family, school and society, to propose a communication plan to mitigate the main problems detected based on the primary information collected, strengthening the methods of social communication to transmit a clear message to those involved, with information that benefits to all together; for which a continuous, permanent, systematic and organized process with planning and strategies that motivate the citizens to use them is required, without this being a straitjacket but an option to improve internal communication. To achieve the fulfillment of the research objectives, the methodology according to the qualitative modality approach has the critical objective nature because it criticizes the existing reality by identifying an investigative problem, in addition the quantitative modality is complemented with some statistical tools, such as Excel, spss and others that facilitate the tabulation of survey results to make this a monitored process based on real data of the current problem. Thus, based on the results, in this case alternative solutions to the identified problem are proposed, based on the diagnosis and needs contemplated, such as developing a practical guide for intercommunication workshops to mitigate youth problems in front of the family, the school and societyItem El derecho consetudinario en la justicia Indigena(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho Constitucional, 2019-11) Vargas Villacrés, Borman Renán; Tite, Segundo RamiroThe Constitutional Rights constitute a manifestation in the National Constitutional, of the Human Laws that have been recognized by the international legal instruments. They recognize a set of prerogatives that, in essence, constitute the recognition of the status of being human, manifested in various environments, in which it’s essential as a sign of civility, the guarantee of a set of faculties that enable integral human development. In indigenous justice in Ecuador, by establishing itself as an autonomous jurisdiction, it implies the possibility of communities, peoples and nationalities to know, prosecute and punish those who violate those acts that violate community norms within their territories and by some member of the community. This recognition of legal plurality in Ecuador is a step forward in the recognition of ancestral cultures, but in terms of rights for those involved, it poses a challenge to the difference in the ordinary indigenous worldview. Thus, the absence of written norms, typical of the rights of these peoples, which is transmitted orally from generation to generation, manifests a set of restrictions on constitutional rights in the prosecution of the violator of the rules, such as the presumption Of innocence, the possibility of proposing evidence, access to defense, proportionality between offense and punishment, so that, in many cases, it contradicts the exception to that jurisdiction. It recognizes the proper administration of indigenous justice, but provided that the human rights recognized in the Constitution and international legal instruments aren’t violated, an issue that will build the central theme of this studyItem La acción penal de lesiones y la vulnerabilidad de Derechos(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-11) Ubidia Gavilanes, Carlos Alonso; Bazantes Ecobar, Washington JavierThe purpose of this investigative work is to study in a descriptive way the criminal action of injuries and the vulnerability of rights, due to the obscurity and lack of norm in the private criminal action of injuries since they do not have a mechanism to resolve the situation in flagrance. In the development, the purpose of the criminal action of injuries such as the violation of rights, doctrinal concepts, jurisprudentials, causes and effects is analyzed, together with the object of the criminal process, establishing the criminal principles and rights of the active subjects and liabilities of the criminal offense that have been violated due to such legal flaws, which were analyzed based on concepts of authors and international human rights standards of which Ecuador is a part. Critical-propositive opinions are carried out in the development, with the aim of providing criteria that lead to avoid existing asymmetries due to state legal persecution..Item Los Derechos humanos y la prevención del delito de Femicidio en el Ecuador(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-11) Quiñones Escuntar, Galo Alexander; Bazantes Ecobar, Washington JavierFrom the doctrinal perspective, the crime of femicide or feminicide comprises one of the most serious realities facing societies in the world, being the most brutal form of violence against women that has been generated from other phenomena such as machismo, patriarchy, gender roles and stereotypes, many of which are perpetrated, repeated and accepted by members of society. Although this type of crime has been generated throughout the world, Latin America holds the saddest record of being the Region where more femicides are committed, since 15 of the 25 countries where more femicides are committed are in this Region, which forces government authorities and society in general to look for mechanisms that mitigate this phenomenon. In Ecuador, the situation is not far, since in recent years there has been a growth in cases of this crime, being the inefficient state strategy, since it has only sought to combat the phenomenon based on punishment, by criminalization of the crime, but nothing has been done to strengthen the preventive aspect. In this context, some of the public policies that have begun to be developed to prevent crime have completely forgotten the fundamental axis of human rights, which is essential to achieve the reduction and elimination of these terrible cases.Item La aplicación del principio de oportunidad y la reparación integral(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-09) Monar Castillo, Fabio Mauricio; Guevara Fuentes, José RubénThe problem regarding deficient integral reparation to the victim, has not been a generalized issue since the Integral Organic Penal Code regulates a penalty for the transcendence of the crime committed, whose sentences range from fifteen days in prison and with a ceiling of forty years if the active subject of the crime has committed an offense with some type of aggravating circumstance. However, there are crimes known to be doctrinaire as bagatelle and Ecuadorian criminal law has included speed for the actions of the prosecutor to discretionally apply the principle of opportunity; that it be understood that the discretionality to which I refer is with respect to the power granted by the norm to apply the aforementioned principle simply by looking at state circumstances, the sentence and the health condition of the active subject of the crime; leaving aside a constitutional right of the victim, to be repaired for having been affected his legal protected property; However, the latter may well claim by the civil jurisdiction, but the legislator has included several verbs in the Constitution of the Republic of Ecuador. as is the repair without further delay; therefore, the proposal is aimed at including a reform in the Ecuadorian criminal legislation that guarantees that the victim ends her ordeal in seeking to seek redress through the civil courts.