Unidad de Posgrado
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Item La acción de protección como mecanismo de defensa ante acto administrativo lesivos de derecho(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado. Mención Derecho Constitucional, 2023-08) Andino Silva, Edy Juan; Espín Meléndez, María CristinaThe Ecuadorian Constitution establishes that the protection action has as its objective the direct and effective protection of the rights recognized in the Constitution and can be filed when there is a violation of constitutional rights. However, the Organic Law of Jurisdictional Guarantees and Constitutional Control establishes in which cases the action for protection does not proceed, specifically, in the case of administrative acts. In general, the protection action is not valid if the administrative act can be challenged through judicial channels, unless it is demonstrated that such channels are not adequate or effective. This means that the protective action is restricted in its use, being considered as a residual and subsidiary measure. Sometimes, administrative acts issued by public authorities are not necessarily illegal, but they do violate fundamental rights that can only be recognized through the Action for Protection, which is considered an effective and adequate means for its resolution. This action constitutes a mechanism to protect and guarantee the rights of individuals against acts of the administration that may violate them. Therefore, it is necessary to consider how protection is understood in the framework of a constitutional State of rights and justice and how the principles are applied in relation to the action for protection. The objective of this research is to determine whether the action for protection is viable in cases of administrative acts.Item La revictimización y la tutela judicial efectiva en los casos de violencia sexual en Adolescentes en la ciudad de Latacunga(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-04) Cárdenas Merizalde, Kleber Iván; Segovia Dueñas, José LuisThis research work, is of great importance and interest because from the new Constitution of the Republic of Ecuador issued on 2008, a fundamental right is granted towards victims of sexual violence, which is intended as non-revictimization in sexual crimes, in order from them to attend once in criminal proceedings and not suffer abuse and psychological impact, this in daily practice is not fully met since on several occasions and instances it has been evidenced the application of improper procedures by those who materialize and are in charge of the judicial system. Victims of sexual violence already suffer substantial impairment of their fundamental rights, as a consequence of actions or omissions that violate current criminal legislation and the supreme rule of the state. In this sense; and, when there are empty spaces in the regulations, development of special rules is essential and proper procedures for effective care to victims of sexual crimes; one of the main causes why in the country victims of sexual abuse proceed to abandon the trials initiated against their aggressors, it is precisely obstacles that presents the criminal process especially in obtaining the proof, in these specific cases, such is the fact they are practically forced to remember and relate again how the crime occurred as is being investigated. In the canton Latacunga there are cases in which the victims are revictimized; and, as a result their rights have been violated, because there is no effective structure in which it is detailed how the process should be structured on this specific issue, thus giving as a result in the victims a high degree of fear even mental disorders that in serious cases has reached suicide. The research topic is of great interest, and will provide a solution to the problem posed, since it will be verified that incorporation is really necessary of a legal scheme that guarantees in a practical and effective way non-revictimization. The draft it is feasible to do, it will have all the support and criteria of Judges of Criminal Guarantees, Prosecutors and free practice lawyersItem El derecho de recurrir ante las resoluciones o fallos de la función legislativa en el juicio político(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-08) Silva Bustamante, Luis Alberto; Melo Delgado, Rosa HerlindaThe main objective of this research work is to deepen the importance of the right to due process in guaranteeing recourse to the resolutions issued by the legislative function within the impeachment, given that in Ecuador, regarding the topic of investigation, its absence has been historical. The Constitution of the Republic of Ecuador, in its Article 76, numeral 7, literal m), establishes the right that people have to appeal a resolution or a decision when deciding on their rights, for which reason, when existing express regulations, the violation of this right is clearly evident, which is linked to the right to defense and therefore forms part of due process. In this sense, since there is no possibility of appealing the resolution adopted by the National Assembly in a political trial, due process is violated and therefore the politically prosecuted are affected in their rights. It is important to emphasize that the right of appeal is a constitutional right of scope for all people without exception. Therefore, by restricting this right in terms of impeachment, the principle of equality established in Article 11, numeral 2, ibid, is transgressed directly, in which it is prescribed that all persons shall be subject likewise with respect to rights and obligations, as well as the right to formal, material equality and non-discrimination enshrined in Article 66, numeral 4 of the constitutional text. Thus, when carrying out this reform, these constitutional precepts would harmonize the Constitution for its proper application. Therefore, by virtue of the aforementioned, there is a need for a higher body to review whether the procedure carried out in a political trial has been adhered to and respecting due process, so that, in this way, to be the aforementioned resolution must be ratified or distorted in this instance.