Unidad de Posgrado
Permanent URI for this communityhttp://repositorio.uta.edu.ec/handle/123456789/7849
Browse
2 results
Search Results
Item La Criminología Mediática en el Ecuador y su influencia en el dictado de la prisión preventiva(2021) Moyolema Chaglla, Luis Alberto; Granizo Montalvo, César AudbertoEXECUTIVE SUMMARY The following work refers to the topic of study in question. The objective of this research is to analyze why prosecutors require that personal precautionary measures of pretrial detention be dictated when this measure is a measure of last resort and the right to freedom is a right that is enshrined in the Constitution of the Republic of Ecuador, and it is evident that, in the ventilation of trials related to corruption, collective interest is generated. The thesis is that media criminology, through the media, generates pressure on authorities because they disseminate news of a criminally relevant conduct to crimes such as influence peddling, bribery, extortion, which seeks particular benefits. The methodology is qualitative, since an analysis was made of the different speeches of the procedural subjects in the different hearings of Formulation of Charges, which showed the qualities that affect the media in the cases of the subject of the present investigation; and in the quantitative part, the criminal news were counted; likewise, the Inductive-Deductive, Analytical-Synthetic, Historical-Logical methods were used. As a result, the expected result was reached, that is to say, it was evidenced how the media affect today, in the Constitutional State of rights and justice, contributing, in xv some cases to the judgment of criminality based on stereotypes or stigmatizations; and how the media are part of the social reality with clear incidence in the treatment of the phenomena of communication are part of the social reality with clear incidence in the treatment of criminal phenomena and in the promulgation of criminal laws.Item Las medidas cautelares otorgadas por la comisión interamericana de derechos humanos y su incidencia en el estado constitucional de derechos en la última década(Universida Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Maestria en Derecho Constitucional, 2020-03) Haro Leiva, Elena Elizabeth; Poaquiza Poaquiza, Ángel PatricioThe Inter-American Human Rights System, being a special protection regime, its nature is of a subsidiary nature to the domestic legal system of all the States Parties to the American Convention, including Ecuador. With regard to the granting of precautionary measures by the Inter-American Commission on Human Rights, they are subject to the observance of three important elements, such as gravity, urgency and irreparability; particularity that gives importance to this research study, since Ecuador in the last decade has not been the exception in compliance with precautionary measures, are approximately five measures that have been issued against them, which have had a strong political impact , cultural and even environmental. Similarly, this investigation is novel because it applies the case or case analysis, where the precautionary measures described above will be analyzed. Compliance with the described leads us to obtain as a result the strong impact of the precautionary measures in the legal system. internal, mainly because in some cases they are contradictory to the decisions taken by the competent judicial and administrative authorities, also that the requests for precautionary measures in many cases respond to political and media situations, which in turn come to denature the essence and content of These measures, to finally conclude that access to the Inter-American Human Rights System should not distort its essence of protection and should not be regarded as a fourth instance or an extra judicial act, but on the contrary an imminent protection to what is in law.