Unidad de Posgrado
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Item Aplicación de medidas de protección en delito de violencia psicológica y afectación del principio de inocencia en el cantón Alausí, período 2017 – 2018(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-01) Padilla Vilema, Segundo Isaías; Masabanda Analuiza, GaloThe purpose of this academic investigation is to determine the main causes that AFFECT THE INNOCENCE PRINCIPLE IN THE APPLICATION OF PROTECTION MEASURES IN THE CRIME OF PSYCHOLOGICAL VIOLENCE. And to propose that effective judicial protection be guaranteed by justice administrators and guarantee the right established in the Constitution of the Republic of Ecuador, Universal Declaration of Human Rights and the American Convention on Human Rights, without causing damage to the procedural parties. In the Organic Integral Criminal Code in its article 558, it establishes the protection measures in favor of the victim or members of the family nucleus in the case of domestic violence. This measure currently constitutes an important means for the protection of victims of violence, however, ignorance has caused the inappropriate use of protection measures, which seriously affects the rights of the accused mainly the right to be heard. The importance of this research lies in achieving an effective, timely application and complying with the principle of legal certainty as provided by the Constitution of the Republic of Ecuador, so it is necessary to conduct an analytical, legal and doctrinal study of the measures of protection, in such a way that effective solutions can be proposed in the face of bad application, which allow equal protection and treatment to the procedural parties. The present study of qualitative type, applied the descriptive and deductive methods, following the line of investigation of technical and doctrinal foundations of criminal sciences in Ecuador, having as main result, the criterion of the lawyers of free exercise of the canton Alausí, is to optimize the procedure for issuing protection measures, without affecting the basic principles and guarantees and the constitutional principle of presumption of innocence.Item Políticas de acciones afirmativas étnicas y los principios constitucionales de igualdad y equidad(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-01) Chulco Lema, Byron Javier; Ilaquiche Licta, Raúl ClementeAffirmative actions are determined in our Constitution as policies aimed at creating equality and equity. In this sense, the State, in its actions to achieve these principles, it has implemented the mandatory application of the same in both such as a public and private spheres, expecting this to include groups considered historically discriminated against in our country. In this sense, the present investigation searches to determine if the application of affirmative actions allows formal and material equality by State objective. Likewise, it seeks to verify to what extent the people belong to a minority group are underestimated, exposing the thesis that they will not be able to achieve something without state aid. Within this framework, observe that affirmative actions seek to create equality through differentiation. The application of affirmative ethnic actions applied to both the workplace and education in our country, generates situations of equity and equality only at the starting points, but it does not ensure situations of permanence, which would help to achieve in a real way the guarantee of accomplishment with constitutional principles. Therefore, we can conclude that the fact of benefiting from a cultural and historical differentiation results in greater processes of exclusion and inequality. Within this framework, we may establish that the social impact generated by the application of Affirmative Actions has not been analyzed or taken into account. Such is the case that can be considered as differentiating actions between citizens. However, it is more accurate to opt for policies that emphasize ensuring that people belonging to an ethnic group benefit from affirmative actions within the educational field, with equal access and a guarantee of completing a degree that later becomes the axis that contributes to inclusion of it in the workplace