Unidad de Posgrado

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Subject: search.filters.subject.DERECHOS CONSTITUCIONALES

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Now showing 1 - 7 of 7
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    Las sentencias judiciales en las acciones de protección y la reparación integral al legitimado activo
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-09) Supe Sailema, Nelly Isabel; Pazmiño Vargas, Klever Alonso
    The protection action in the Ecuadorian legislation is considered as an effective and adequate constitutional mechanism whose purpose is the protection of constitutional rights and rights recognized in the international treaties, as established by the new Paradigm of the Constitutional State of Rights, with reparatory effects. The budgets of admissibility and origin of the protection action are provided in the Constitution of the Republic of Ecuador and in the Organic Law of Jurisdictional Guarantees and Constitutional Control. The investigation established the importance of determining there are judgments where it are determined there are problems of pure legality, this occurs, because the application of the protection action is deviated by mere legality, in contrast to the provisions of the Constitution of the Republic of Ecuador and in the Organic Law of Jurisdictional Guarantees and Constitutional Control. It leads that the judges to stop fulfilling their job as guardian of legality, for actions that have no constitutional or legal basis, causing excessive procedural burden in the proceeding of judicial processes. In the investigation, was used the qualitative – quantitative method since numerous protective actions were analyzed, it are indamisible, perhaps because lawyers to avoid a long process choose to present cases that do not have violations of constitutional rights but simply refers to violations of ordinary rights or of mere legality. So it is clear that there is a denaturation of the protective action. From the analysis of the results of the investigation, the need for the creation of an admission room in the Judicial Unit of the Canton Ambato was established, which will have the power to select demands for protection actions as long as there are processes with the identity of the object of protective action in order to avoid procedural burden in judicial units.
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    El principio de aplicación directa de la constitución y el Control concreto de constitucionalidad en el Ecuador
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-09) Cáceres Sánchez, Nelly Natalia; Vargas Villacrés, Borman Renán
    Ecuador is considered a democratic state of rights and justice; From the separation of the Spanish crown to the present day it has undergone continuous structural and organizational changes. The neo-constitutionalist current generated a substantial transformation with which it has allowed the recognition of rights and guarantees of different kinds. In the development of this investigative work several aspects are approached; starting with the recognition of rights, which are considered justiciable and are in the same normative hierarchy. Likewise, it is established that when the rights are violated, there are different jurisdictional guarantees, which become tools that allow the recognition of the established rights in the constitutional way. And finally, the issue of constitutional principles is addressed, as a link for the validation of rights through guarantees. By referring to principles, the constitutional power of direct application of the supreme norm arises. However, this provision contains some variations as can be verified in the development of the text. Consequently, the same Constitution establishes concrete control, which is a power of the Constitutional Court to guarantee regulatory compatibility within the legal system. As this possible confrontation exists within the constitutional text, a great question arises that seeks to analyze and understand. Although, the Constitution can be applied directly; in case of reasonable doubt, the judges have the power to refer the rule to consultation; Furthermore, when the non-judicial public servant is faced with a regulatory conflict, a major question arises, which is intended to be analyzed in the course of this project.
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    El derecho a la libertad del indígena y su correlación en el proceso penal ordinario en Ecuador
    (Universida Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Maestria en Derecho Penal, 2020-03) Palate Sailema, Mauricio Emmanuel; Acosta Morales, María Gabriela
    Preserving human rights and, above all, the freedom of the indigenous peoples of the planet, represents one of the priorities of all national and international organizations that seek to internalize integrated processes; leaving aside the discrimination and inequality of opportunities of the inhabitants without considering their races. When analyzing ordinary criminal legal processes, related to human rights, it is important to determine the space or environment where they occur. In this investigation, we consider Ecuador, known as a country that promotes its plurinational and pluricultural nature, trying to generate cohesion between its different processes that seek order and justice around punishable acts and its correlation towards respect and rights. to the freedom on the part of the natives, at the time of presenting ordinal judgments. Everything derives from the existence of internal conflicts that link irregularities and inconsistencies in the criminal procedure and the rights of indigenous people to the fairness of laws. There is a confrontation that does not help clarification or the growth of the rights of the inhabitants emanating from the Ecuadorian constitution. The research is descriptive qualitative, and is located within the paradigm of interpretation. At the same time it is supported by an experimental field investigation, taking advantage of the closeness of the researcher with the observed fact. The results reveal that the right to indigenous freedom must be constantly analyzed by all those involved in their respect and vulnerability. Criminal procedural laws should serve as a platform for all existing requirements within the legal framework to be met, regardless of the nature of the accused. Finally, the conclusions show the importance of respecting the rights to indigenous freedom, especially in ordinary criminal matters. The differences that may be presented should not be a reason to enter into conflicts that lead to the violation of human rights.
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    La limitación del grado de parentesco en las infracciones de violencia intrafamiliar
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2020-02) Hernández Gavilanez, Diana Evelyn; Poaquiza Poaquiza, Angel Patricio
    The purpose of this investigative work is to study in a descriptive way limitation of the degree of kinship in intrafamily violence infractions, due to the dark and erroneous application of the norm, since it is free to know that people are subject and subject to the criminal type of violence intrafamiliar, judging and punishing people who are not immersed in the types of protection to them. In the development the end of the limitation of the degree of kinship is analyzed as the one of infractions of domestic violence, doctrinal concepts, jurisprudentials, causes and effects, together with the object of the criminal process, getting to establish what are the penal principles and rights of the active and passive subjects of the criminal offense who 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 avoiding existing asymmetries due to state legal persecution.
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    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 Javier
    The 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..
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    Los delitos sexuales y el derecho a la intimidad
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-07) Cárdenas Palma, Mercedes Fabián; Altamirano Dávila, Carlos Fabián
    Currently there is a significant number of cases in which publications and disclosures of videos or photographs with sexual content are made in which the person who participates in them has not agreed to be recorded, published or disseminated, which is why there is a affectation of the rights of the person, mainly in regard to sexual freedom and the right to privacy. Despite the fact that people have not consented to the recording or the publication and dissemination of these videos or photographs, and their rights being affected, they have been unable to exercise any legal action, since currently the Organic Comprehensive Criminal Code does not it considers it an offense for the sole reason that the person has participated in them, which generates impunity and affects rights, which is prohibited by the Constitution of the Republic. he fact that, at present, there is no criminal offense within the Comprehensive Organic Criminal Code, which sanctions the recording, dissemination or publication of sexual videos of people without their prior authorization, constitutes an affectation of the right to guardianship effective, so that it generates impunity; For this reason, state measures must be taken to remedy this situation in order to protect the rights effectively as prescribed by the Ecuadorian Constitution.
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    La criminalización del pasado judicial y los derechos constitucionales
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-06) Vizuete Gallardo, Marco Fernando; Garzón Villacrés, Iván Arsenio
    The present research work, Its purpose is to analyze the recidivism, from the point of view of the criminalization of the judicial past, that is to say that in Ecuadorian legislation there is recidivism in its regulations, which is applicable to people who have committed a new crime with the same elements, in this way violating Constitutional principles that contrasts with this particular regulation of recidivism. The criminal code, before the publication of the Organic Comprehensive Penal Code already contemplated this rule of recidivism in its article 77, said that there is recidivism when the accused returns to commit a crime after having committed an earlier one for which he received a conviction. Currently our Organic Comprehensive Criminal Code maintains this regulation but emphasizes the commission of a new criminal offense with the same elements, that is to say it refers to the specific recidivism of typicity: deceit or fault, where a third of the penalty is increased for the person who commits another crime. In this sense we can observe that the Constitution of the Republic of Ecuador in article 11 number 2, guarantees non-criminalization by the judicial past of the persons, which would imply a violation of due process. It is considered that this article must be eliminated that contemplates our Integral Organic Penal Code since if we have a supra norm that is the Constitution of the Republic of Ecuador, There could not be a rule that violates the rights of people who have to be prosecuted because it is unconstitutional, It is evident that Constitutional Rights are violated.