Unidad de Posgrado

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Has files: YesSubject: search.filters.subject.DERECHO A LA DEFENSA

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    Juicio político en el Ecuador y la facultad fiscalizadora de la Asamblea Nacional
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-01) Taco Herrera, Evelyn Germania; Jordán Buenaño, Jeanette Elizabeth
    The legal institution of impeachment was born as a parliamentary procedure through which the legislative body can impose sanctions on certain government officials when they are deemed to have engaged in legally inappropriate conduct; impeachment is an instrument for the exclusive use of the legislative function who indirectly exercises the will of the people through its supervisory power. In this sense, the political trial constitutes a constitutional process whose purpose is to materialize the principle of responsibility enshrined in the constitution. Through this institution is of a mixed nature due to its political and legal origin; The purpose of this legal institution is to investigate the conduct of the high-ranking authorities in order to determine their political responsibility and apply the corresponding sanctions. The investigation determined the way in which the State's supervisory power currently performs in the face of a political trial, the way in which it is accepted or disposed of due to the political preferences that are in charge of the Oversight and Control Commission. Political. The study revealed the affectation suffered by the supervisory power of the National Assembly in terms of political trials since, as it has been shown, there are irregularities when recommending or not a political prosecution by the commission of political control and oversight, demonstrating in this way that the control depends on the political situation that the current government exercises, thus damaging the representative democracy of the country. The research was based on qualitative methodology through interviews with people specialized in political science, such as advisers, assembly members and legal experts, the development was carried out through the theoretical, doctrinal and legal foundation of aspects related to impeachment and the supervisory power of the National Assembly, in order to determine the incidence of the impeachment process in the supervisory power of the legislative body and develop legal criteria in relation to the supervisory power of the National Assembly in relation to the impeachment process. The result of the investigation makes possible a reform in the organic law of the legislative function where it is tacitly established that the qualification for impeachment is carried out by the plenary session of the National Assembly and not only by unanimous decision of the oversight commission.
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    El derecho a la defensa en el procedimiento expedito para la contravención contra la mujer y miembros del núcleo familiar
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-01) Gómez García, Norma Cristina; Garzón Villacrés, Iván Arsenio
    With the promulgation of the COIP, under the premise of rapid justice, the prevailing policy in Ecuador, new procedures have been implemented, in addition to the ordinary, the direct procedure, the abbreviated procedure; and, the expedited object of analysis in the present investigation; the first two are applicable in the case of crimes, while the last is applicable for contraventions. The main objective of this research is to detect the right to defense in violations of violence against women and members of the family nucleus, for which a bibliography of the topic has been analyzed, in which I have been able to determine criteria in which the right to defense, the principle of orality, contradiction and immediacy are important without leaving aside the other principles within a criminal process. Likewise, interviews have been carried out with honest professionals, who, due to the position they occupy, have high expertise in the matter raised; having gathered these criteria, it has been possible to understand that in this type of procedure that are regulated by the COIP, the difference is established in contraventions against women and members of the family nucleus of flagrant and non-flagrant nature; that is, in the announced test and at the time of its execution. As well as the criterion that in the procedure specifically that of violence against women, they must be executed through a principle of justice, something that is opposed to the criteria of some interviewed judges to the prevalence of a criminal policy that seeks to prevail over the victim for his condition of vulnerability and finally it is clearly established within the analysis of the investigation that the constitutional parameter of appearance to the support of the expert report is mandatory in all criminal action, in accordance with the provisions of Article 76, numeral 7, literal j, in accordance with the provisions of Article 505 of the COIP, when there is a contrary rule established in rule 15 of Article 643 of the COIP, which states the prohibition of attending to give testimony in audience professionals who work in the technical offices of the courts of violence against women and the family, said reports will only be incorporated into the process and will be valued in the hearing; reason why this provision violates the constitutional norm, the right to defense, the principle of immediacy and directly to the principle of contradiction.
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    La acción de protección y el procedimiento probatorio en el derecho constitucional ecuatoriano
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-10) Quishpe Cherres, Lucia Elizabeth; Jordán Buenaño, Janeth Elizabeth
    This research work is initially directed at the study of the jurisdictional guarantee of protective action, its origins, conceptual evolution, characteristics, as well as its normative evolution in Ecuador, linked to its effective assessment in the face of the violation of constitutional rights and its direct relationship with evidence, starting from the analysis of the principles that surround it, its characteristics and importance, as well as the constitutional right to evidence as a guarantee of proof. From which, the inexistence of a procedure that regulates the performance of the evidence in the jurisdictional guarantee of the protection action is specified. Therefore, the presumption of the lack of a specific evidentiary procedure in the jurisdictional guarantee of protection action is confirmed, which generates a violation of the right to due process. Constitutional law in its exercise of guardianship and custody of constitutional rights and constitutional guarantees is directly affected by the lack of regulation of evidence in the Organic Law on Jurisdictional Guarantees and Constitutional Control, considering that this is the law that regulates the functioning of the Constitutional Court and the procedures of constitutional control in Ecuador. Hence the need to establish a procedure for the taking of evidence in the area of jurisdictional guarantee of the action of protection. Based on the fact that this jurisdictional guarantee is characterized by the protection demanded by a different legal discourse than the one that has traditionally been used in Ecuador, it requires progressive rationality, constituting a doorway to the solution of rights violations.
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    El ejercicio privado de la acción penal y el garantismo procesal en el código orgánico integral penal
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho penal, 2020-10) Paredes Fuertes, Fernando Eduardo; Acosta Morales, María Gabriela
    The purpose of this investigation is to deepen the study of the private exercise of criminal action. The procedure as much as its applicability in the exercise and even more its direct connection with the procedural guarantee, as a new figure of the criminal dogmatic that consists in establishing the international parameters as well as constitutional of the right of due process and of the victim and processed in the palestra of the procedural system. The quantifiable methods to determine an exact consolidation of values that allow criticizing, analyzing and projecting conclusions have been developed through statistical data of the causes entered in the last year in both public and private action crimes, and its application has been qualified in the procedural guarantee, analyzing and applying surveys to professional, the same ones that have issued their criteria regarding the guarantees of the right to defense, precautionary measures and judging in absence. Likewise, we analyzed the ways to extinguish the private exercise of the action as a way to enforce the claims of the parties, as well as those crimes existing in the Ecuadorian legal as crimes of private action in a comparison to foreign standards that contain a wide range of private crimes that could be included in our criminal system. The forgetting of the legislative body as well as the excessive interference of the State has caused the non-existence of reforms to guarantee an effective process of private action, consequently, the low application of it produces the violation of procedural guarantees as well as unnecessary budgetary spending and procedural congestion. Therefore, the reforms are necessary for the improvement of the private procedure of the action, as well as the effectiveness of the procedural guarantees under the protection of a correct application of criminal justice.
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    El derecho de recurrir ante las resoluciones o fallos de la función legislativa en el juicio político
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-08) Silva Bustamante, Luis Alberto; Melo Delgado, Rosa Herlinda
    The main objective of this research work is to deepen the importance of the right to due process in guaranteeing recourse to the resolutions issued by the legislative function within the impeachment, given that in Ecuador, regarding the topic of investigation, its absence has been historical. The Constitution of the Republic of Ecuador, in its Article 76, numeral 7, literal m), establishes the right that people have to appeal a resolution or a decision when deciding on their rights, for which reason, when existing express regulations, the violation of this right is clearly evident, which is linked to the right to defense and therefore forms part of due process. In this sense, since there is no possibility of appealing the resolution adopted by the National Assembly in a political trial, due process is violated and therefore the politically prosecuted are affected in their rights. It is important to emphasize that the right of appeal is a constitutional right of scope for all people without exception. Therefore, by restricting this right in terms of impeachment, the principle of equality established in Article 11, numeral 2, ibid, is transgressed directly, in which it is prescribed that all persons shall be subject likewise with respect to rights and obligations, as well as the right to formal, material equality and non-discrimination enshrined in Article 66, numeral 4 of the constitutional text. Thus, when carrying out this reform, these constitutional precepts would harmonize the Constitution for its proper application. Therefore, by virtue of the aforementioned, there is a need for a higher body to review whether the procedure carried out in a political trial has been adhered to and respecting due process, so that, in this way, to be the aforementioned resolution must be ratified or distorted in this instance.
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    La suspensión condicional de la pena y el derecho a recurrir
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-07) Acurio Ruiz, Héctor Augusto; Garzón Villacrés, Iván Arsenio