Unidad de Posgrado

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Subject: search.filters.subject.CONSTITUCIÓN DE LA REPUBLICA DEL ECUADOR

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    Los derechos colectivos y el carácter no vinculante de la consulta previa
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-10) Mora Hidalgo, Luis Renato; Espín Meléndez, María Cristina
    The proposed research work is carried out in the constitutional field of collective rights and the non-binding nature of prior consultation, given that in Ecuador the lack of respect for such content by public and private bodies and institutions has been historic. The Constitution of the Republic of Ecuador, adopted in Alfaro Montecristi in 2008 and ratified by its constituents, establishes respect for the collective rights of indigenous peoples and nationalities and the application of free and informed prior consultation when carrying out activities involving the exploration and exploitation of any type of natural resource in their ancestral territories. However, in the absence of a clear, fixed procedure with all the necessary formalities for the implementation of this constitutional consultative resource, and in the absence of respect for the outcome of the consultation for the parties, the violation of these rights is evident. Therefore, by virtue of the above, it is imperative that a constitutional amendment be made in order to establish as binding the nature that prior consultation must have in relation to respect for collective rights and the direct application of constitutional principles such as opportunity, obligatory nature and participation.
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    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 Rubén
    The 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.