Unidad de Posgrado
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Item El prevaricato en la justicia constitucional(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-01) Silva Chávez, Héctor Geovanny; Durango Cordero, Rodrigo FranciscoThis research is born from the integration of two specific variables that structure the subject, as a whole, establishing itself as: "THE PREVARICATE IN CONSTITUTIONAL JUSTICE", the problematic axis in a succinct way, it follows that from the analysis of the Constitution in relation to the Organic Law of Jurisdictional Guarantees (LOGJCC), Art. 431 and Art. 186.2 there is an almost literal reproduction of what the supreme rule establishes, with the difference that an exception is increased in the LOGJCC established as follows; "Except in what has to do with the opinions, decisions and votes cast in the exercise of their position, in which case, they will not be subject to criminal responsibility." Which denotes a clear breach of the supreme rule in relation the legal system. The norms and acts of the public power must maintain conformity with the In chapter I of the investigation, the doctrinal antecedents and the problematic reality of the project are presented in the introduction section, and then in the justification section, it is raised why the investigation has been developed and carried out. In chapter II, the state of the art of research has been established, that is, previous research, in relation to the variables proposed in the structuring of the subject, then they are developed under doctrinal aspects of different authors who validate the research, regarding of the principles and rights that could be violated in the problematic investigative context. In chapter iii, the methodological foundation of the research is developed, the basis being the application, qualitative - quantitative, for which the documentary and bibliographic analysis of the doctrine is taken to establish a questionnaire submitted to an expert judgment, so that their perspectives are transformed to percentages that can give us a general conception of the problematic reality presented Chapter IV develops the conclusions and recommendations, which have been obtained by the bibliographic doctrinal study and the application of the surveysItem La práctica procesal constitucional y la tutela judicial efectiva en Tungurahua(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-01) Vera Flor, Álvaro Francisco; Vargas Villacrés, Borman RenánThe guarantee of compliance with constitutional principles and rights does not depend, for the most part, on the criteria issued by the Constitutional Court, but on the professional application of the instruments developed for the protection of rights. That is, a constitutional procedural practice, through which it is possible to effectively protect the rights of people, with the confidence and sufficient guarantee that the desire for justice is fulfilled. That is why, leaving this problem unnoticed without trying to provide a possible solution, will contribute by omission to the weakening of the constitutional block and the loss of legitimacy of constitutional justice. For a better understanding, effective judicial protection allows citizens, through the jurisdictional function, to exercise their rights and legitimate interests and obtain a resolution based on law. For example, in the constitutional sphere, the jurisdictional function acts within the well-known “constitutional guarantees”. In other words, security institutions created in favor of the people, so that they have the means to protect their subjective rights. However, that becomes mere constitutional lyric in practice, since the number of unmotivated sentences and lack of preparation of the judges that lead to the violation, mainly, of the right to effective judicial protection of citizens is evident. Also, it is necessary to emphasize the role of the judge within constitutional law. Most of all, when in recent times it has been possible to verify and experience a politicized justice. This means that beyond guaranteeing human rights, judges decide on the basis of their political interests, increasingly distancing the long-awaited judicial independence that democratic nations struggle with. From this investigative work, an analytical study will be developed to controversy the mythological view that judges are merely "the mouth of the law"; and, guarantee that the exercise of their jurisdictional functions is not influenced in any way by their personal, political, ideological, religious or any other kind of sympathy.Item El principio de proporcionalidad en la reparación integral a las víctimas de infracciones penales en la legislación ecuatoriana(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-01) Medina Medina, Vanessa Estefanía; Segovia Dueñas, José LuisEcuador, being a constitutional State of rights and justice, incorporated the principle of integral reparation in criminal law, being a purpose of the penalty should be strictly enforced, so in this degree plan it will be investigated as it has been applied this principle in conjunction with that of proportionality, because it will be demonstrated that the application of both principles is necessary to achieve this purpose, as well as the responsibility of the State to guarantee the fulfillment of the rights of people who come to the criminal system, for which it is investigated by means of the doctrine and comparative law which are the suitable and efficient ways of applying integral reparation, Mexico has been the one who has managed to comply with this part of the sentence, because it is the main responsible for the victim be repaired in the event that the guilty person does not comply with the compensation ordered by the judge, in the same way ra the Mexican legal system has several ways of complying with the reparation mechanisms through joint work with other public institutions, this can be accepted by Ecuadorian legislation and really comply with what is mandated by the Constitution and the Organic Integral Criminal Code ; On the other hand, it is investigated how the principle of proportionality should be applied so that the administrators of justice avoid applying comprehensive reparation in an arbitrary manner, since the rights of the victims are currently being undermined and they are being left in a state of defenselessness by how much by information obtained it is established that in most cases the sentence ordered by the judge is not fulfilled. Therefore, once the administrators of justice know more effective ways to apply this principle (comprehensive reparation) and the way in which they can add in the sentences the different forms of compensation established in the legislation and international treaties through the proportionality test, it will be possible to guarantee a true fulfillment of sentences and therefore of justice in criminal legislationItem Tutela judicial efectiva a la luz de la ejecución de sentencias expedidas por la corte interamericana de derechos humanos contra Ecuador(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-09) Loma Peñafiel, Tatiana Elizabeth; Poaquiza Poaquiza, Angel PatricioThe Inter-American System of Human Rights is configured as a supplementary mechanism to which recourse is had if the organs, institutions and powers of a State do not fulfil their function of guaranteeing the validity of the human rights recognised in the American Convention on Human Rights (Pact of San José); thus the victims or their relatives can appeal in the first instance to the Inter-American Commission which, if it considers it necessary, will take the case to the Inter-American Court so that it can decide on the appropriate action. This jurisdiction is recognized by Ecuador and therefore these judgments are binding on the Ecuadorian State as provided for in Article 68 of the American Convention. With this background, the present work will analyze the answers to the following questions: How does the lack of execution of sentences affect the right to effective judicial protection? What legal effects does the non-execution of sentences by the sanctioned State bring? What procedural mechanisms can be used to force the State to comply with the sentences issued by the Inter-American Court? The development of the thesis consists first of all of the definition of the right to effective judicial protection as well as its contents, which consist of accessing the organs of justice, obtaining from them a motivated sentence so that the judicial resolutions can be executed, achieving with the latter the materialization of the right to judicial protection and the rights recognized in said sentence; since effective protection is provided for in the Constitution, it is the State itself that must guarantee the effective enjoyment of it. It also explains the type of sentences that the Inter-American Court of Human Rights issuesItem Cadena de custodia: valoración de prueba y tutela judicial efectiva en el procedimiento adversarial penal(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-06) Falconí Gaibor, Sonia Paulina; Recalde Suaréz, Raúl RomanoBecause Ecuador is a constitutional State of rights, it has implicit in its actions, guarantee, protection and security, in the execution of the rights of citizens within a certain process. Since the issuance of the Constitution of 2008, fundamental rights of mandatory application were established, among them effective judicial protection, which is activated by the administrators of justice at the moment in which a cause comes to their knowledge. As judges, they are obliged to carry out an adequate evaluation of evidence within the processes, even more in the criminal sphere, where the freedom of the people is at stake; the evidence obtained, acted upon and legally incorporated into the process, constitutes the basis of the judge's decision, the documentary, testimonial and especially the expert evidence, allow him to know the procedural truth that must be concordant with historical or material truth. If the test is the basis of the judging system, it must have been obtained in an appropriate manner, without violation of the Constitution or laws, which would turn it into illegal, illegal, irregular evidence, etc., in order that the It is enough to sustain the decision of the judge, that is why.