Unidad de Posgrado

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Subject: search.filters.subject.FUNCIÓN EJECUTIVA

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    El incumplimiento de las disposiones transitorias del código orgánico de entidades de seguridad ciudadana y orden público y su incidencia en los derechos fundamentales de los agentes civiles de transito
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado. Mención Derecho Constitucional, 2023-08) Pinto Morales, Andrea Estefanía; Vayas Castro, Guillermo Santiago
    The present investigation revolves around verifying if the disciplinary administrative processes followed by the Civil Traffic Agents, comply with the right to legal certainty and effective judicial protection in each of their procedures, even more so when the first transitory provision of the Organic Code of Citizen Security and Public Order Entities provides that while the regulations that regulate the actions of this collegiate group are issued, the provisions of said code will be in the most favorable to the administered. The qualitative approach allowed us to analyze and explain the causes of the scarce or apparent motivation of the disciplinary administrative processes followed against the civil traffic agents, in which a violation of constitutional rights is clearly evident due to the non-compliance with the provisions of the first Transitory Provision of the COESCOP and others corresponding to what has to do with the Civil Traffic Agents, that is, not having regulations that govern their actions, specifically; Therefore, this situation leads to a violation of fundamental rights such as due process and consequently legal security and effective judicial protection. From the findings, it was evidenced as a general rule that, to date, the Constitutional Court has already admitted an action for non-compliance with what is indicated, that is to say that the municipalities do not have an established regulation for the body of Civil Traffic Agents, with such admission by the Control Body, it results in coercion or interests of a collective nature, placing within this group the administrators that correspond to the Civil Traffic Agents, without considering Absolutely not that several fundamental rights are at risk. To finalize the hypothesis proposed by the author was fulfilled, since from the findings found it can be evidenced that there is a violation of the fundamental rights of Civil Traffic Agents.
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    Los decretos de estado de excepción por desastres naturales en el ecuador y la garantía constitucional de motivación
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-01) Saca Balladares, Melinton Fernando; Acosta Morales, María Gabriela
    The present investigation revolves around the power that the President of the Republic of Ecuador has, to declare the entire national territory or part of it, under an Exception Status, whose executive decree in its content must necessarily observe the constitutional guarantee of motivation, which has been widely developed in the national and international constitutional jurisprudence, regarding the parameters that constitute it, always seeking to avoid discretionary and arbitrary actions by the state authorities. The qualitative approach applied, allowed to analyze and explain the causes of the scarce, contradictory, impertinent or apparent motivation of the executive decrees of the Exception State due to natural disasters in which the decisions of the authority are manifested, resorting to a field investigation through the application of surveys, and a documentary investigation through the collection of the data contained in the administrative acts called executive decrees of the Exception State due to natural disasters in the period 2009-2017, and their respective judgments or constitutionality rulings, in which the technique of observation and case analysis was applied. From the findings, it was evidenced as a general rule, that the control carried out by the Constitutional Court to the Exception State, is simply a formalism that seeks to satisfy the aspirations and provisions emanating from the Executive; Since all the opinions or judgments of constitutionality are favorable, without applying in any of the cases the Motivation Test that involves the parameters of reasonableness, logic and comprehensibility developed by the Court itself, without a doubt this omission of the Control Body responds to coercions or interests of a political nature, without considering at all that various fundamental rights of the people affected by the declaration are at risk. Finally, it is sought that the Executive Function assumes corrective measures regarding the due motivation of its Exception State decrees, framing them in strict compliance with all constitutional principles and guarantees, so that in their application no type of fundamental right.
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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.