Unidad de Posgrado

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Subject: search.filters.subject.CONSTITUCIÓN DEL ECUADOR

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    La teoría de los frenos y contrapesos y la constitución ecuatoriana
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-09) Salazar Solórzano, María Belén; Jordán Buenaño, Jeanette Elizabeth
    This research reflects a constitutional historical analysis of Ecuador, as each of the Constitutions from 1994 to the present has established the checks and balances within its organic part. Public power is established in a very peculiar way that Ecuador is one of the few countries to contemplate in its theoretical part a correct division of power, however this does not reflect the true application of controls and balances that in practice is applied in the Ecuadorian State. Within these last 15 years the life of the Ecuadorian Constitution has been very variant, there has not been an independent Constitution, which emerges its true function, to set the rules of the State game. The governments of the day and their Constitutions have a very intimate relationship, each constitutional text has served as an instrument for dignitaries, whether they are legislative or executive, to make their way in their government and may not exercise their power without further opposition, violating this It forms the democratic order of the State to breach the brakes and counterweights.
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    El derecho a la seguridad jurídica y la modificación del procedimiento de rebaja de penas
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-09) Parra Zimbaña, Laura Leonila; Pazmiño Vargas, Klever Alonso
    Legal Security in Ecuador is recognized as Right, Principle and Guarantee. As Law, it is established in Art. 82 of the Constitution of the Republic, which is based on respect for the Fundamental Charter and on the existence of previous, clear, public legal norms applied by the competent authorities (Constituent Assembly, 2008). As a Principle, it recognizes the legislature as being constitutionally responsible for creating, modifying or repealing the regulations that involve constitutional rights, and at the same time, it charges the judges with giving certainty and confidence to the citizens regarding the correct application of the law, since, Only in this way can people predict the effects and consequences of their acts or omissions. And as a Guarantee, Legal Security is the foundational and common mechanism for all individuals, guaranteed in the Constitutional Charter in order to protect the individual and collective rights of the inhabitants of the State. In the specific case, since the persons deprived of liberty are members of the Ecuadorian State and constitutionally recognized as a group of priority attention, they enjoy the right to Legal Security and other rights inherent to the human being, therefore, the Council of the Judiciary when issuing Resolution 085-2014 establishes a new requirement and modifies the procedure already existing in the relevant regulations to access the benefit of Reduction of Penalties for Merits, violated the Legal Security constitutionally established, since said requirement that varies the procedure is not covered by Favorability for the inmate, but distressing the procedure that must be followed by those deprived of liberty who have fulfilled the requirements to obtain their early release. This resolution also contravenes the Principle of Reserve of Law, since the Council of the Judiciary is the administrative organ of the Judicial Function, which can only regulate the rights that are guaranteed in the norm and that lacks procedure, but not, negatively modify the pre-existing ones as in the present case, in which through Resolution 085-2014 increases a requirement and changes the procedure previously established in the Code of Execution of Penalties and Social Rehabilitation (National Congress, 2006), in the Regulations Substitute for the General Regulation of Application of the Code of Execution of Penalties and Social Rehabilitation (Executive Function, 2001) and in the Regulation for the Granting of Reduction of Penalties by Merit System (National Council of Social Rehabilitation, 2008). With the application of the information collection instruments, it was determined that the Judicial Council with the issuance of Resolution 085-2014 violates the right to Legal Security, since it is not constitutionally empowered to establish requirements and procedures through a resolution. contrary to those already established, because with this change it is generating a decrease in the percentages of reduction of penalties for merits of persons deprived of liberty, despite the fact that the PPLs have fully complied with training, health, social work, and appropriate behavior programs offered by the Social Rehabilitation Centers, thus harming the Right to Freedom that the inmates who have positively changed their behavior become creditors, also generating prison overcrowding and violation of the other rights enjoyed by persons deprived of liberty.
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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.