Unidad de Posgrado

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Subject: search.filters.subject.JUSTICIA CONSTITUCIONAL

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    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 Renán
    The 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.
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    El precedente, la jurisprudencia y las reglas jurisprudenciales en la justicia constitucional y ordinaria en el Ecuador
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-09) Arroba Salazar, Ana Alexandra; Vargas Villacrés, Borman Renán
    The present investigation has been developed with the objective of generating a critical legal analysis on the obligatory nature and prevalence of the preceding, the jurisprudence and the jurisprudential rules dictated by the Constitutional and Ordinary Justice in Ecuador, to sensitize their application in the administration of justice. The same is important because it is related to actions taken against the judicial decisions of the National Court of Justice, Courts or Courts of last or only instance, before the Constitutional Court. Which generates disagreements when applying and interpreting constitutional and secondary norms in order to guarantee and protect the rights of people; for this reason the need of the present to raise awareness of their application, considering the principles of legality, devices and legal certainty; In addition to becoming a permanent current issue due to the social dynamics in the different cases resolved by the Constitutional Court of Ecuador and the perspective generated by the judgments that nullify the decisions emanating from ordinary justice. In the present research work, a qualitative approach was applied, a basic modality of field research and documentary bibliography, and as exploratory and descriptive types of research, with the line of research within the Constitutional Jurisdiction, supported by the Ecuadorian legal system. , historical, philosophical and constitutional theoretical assumptions; reaching as a result the normative identification that governs the legal institutions investigated both in constitutional and ordinary justice, which allowed to capture criteria for the distinction of prevalence in the application of the precedent, jurisprudence and jurisprudential rules in constitutional and ordinary justice in the equator.