Browsing by Author "Arias Galiano, Evelyn Gabriela"

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    Mecanismos de la reparación integral a la víctima y la justicia inmaterial
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-07) Arias Galiano, Evelyn Gabriela; Arcos Morales, Jorge Enrique
    Ecuador has adopted integral reparation in its criminal justice system as a restorative element, which constitutes a constitutional right for victims of criminal offenses. It is expressly determined in article 18 of the Organic Law of Jurisdictional Guarantees and Constitutional Control that "The reparation will be carried out according to the type of violation, the circumstances of the facts and the impact on the life project", with which the integral reparation It must be the result of the motivation of the constitutional judge, considering as the main element the proportionality that must exist between thelegal remedies and the declaration of violation of constitutional rights. Additionally, the same normative provision recognizes the type of possible repairs, without being an exhaustive list, which is the result of the reception of international standards; Thus, mention is expressly made of the measures of: restitution of the right, economic or patrimonial compensation, rehabilitation, satisfaction, guarantees of nonrepetition, obligation to investigate, recognition measures, public apologies, provision of public services, health care, among other In such a way that the restitio in integrum provides the victims of the transgressions of constitutional rights to enjoy the right in the most adequate way possible and, as far as possible, it is restored to the previous situation of the violation, when that is possible. Therefore, the following Degree Project aims to generate a study of the genesis of integral reparation, its principles, analyze the damages present in the victims and the reparation mechanisms provided by the Law. A specialized Unit is proposed to attend to the citizenship and the victims of criminal offenses, that only this typicity be addressed since the Public Defender's Office of Ecuador does not provide the specialized and technical attention that the victims need, there is no place where the rights that assist them, the amparo professed by article 78 of the Constitution of the Republic and article 68 of the Comprehensive Organic Penal Code and provide them with the mechanism to make their claims, providing citizens with basic knowledge in legal advice.
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    La prisión preventiva y el principio de presunción de inocencia
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-11) Arias Galiano, Evelyn Gabriela; Pazmiño Vargas, Klever Alonso
    The graduation work with the theme "PREVENTIVE PRISON AND THE PRINCIPLE OF PRESUMPTION OF INNOCENCY develops the emblematic criminal legal debate that has always existed between the presumption of innocence and the preventive detention during the substantiation of a criminal process trying to identify the main questions And / or problematic aspects that could be generated, as well as the justifications that have promoted them. Pre-trial detention, however, which is an extreme personal protective measure, and exception in accordance with the Constitution of the Republic, the prosecutor at the time of request and the judge of criminal guarantees when dictating it almost never motivates, that is, not Is complied with constitutional and legal requirements, due to lack of constitutional legal culture, the more so that when dictating it violates several other constitutional rights such as the presumption of innocence, freedom, privacy, dignity, the right to defense.