Browsing by Author "Guerrero Zuñiga, Edison Ramiro"

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Comercialización de productos transgénicos destinados al consumo humano y el derecho a la salud de los consumidores
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-03) Caguana Telenchana, Jefferson Damian; Guerrero Zuñiga, Edison Ramiro
The present research work arises from the interest in deepening in the commercialization of products for human consumption with transgenic content, its regulation in the purchasing market and correlated with the Regulation of Labeling of Processed Foods for human consumption, derived from the provisions of Article 401 of the Constitution of the Republic of Ecuador approved in 2008, stating that Ecuador is a country free of transgenic crops and seeds. However, paradoxically, the commercialization of transgenic products and raw materials for human consumption in Ecuador is not prohibited. This research work analyzes the current legal bodies on the treatment of food labeling, its relationship with genetically modified organisms and the commercialization of these products in Ecuador, from a purely regulatory approach. Indispensably, it will address what is the relevance of food labeling in the consumer market, under what legal guidelines it is done so that it complies with its respective labeling. At the same time, it will determine the impact of the consumption of transgenic foods on consumers' health. Finally, this approach aims to provide better and more efficient information spaces for consumers, emphasizing the health of consumers as a primary duty of the State, to ensure appropriate information for making decisions regarding consumption, considering the long-term impact that possibly falls on their health
La declaración de abandono y el derecho de petición en la realidad procesal ecuatoriana
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09) Cáceres Ruiz, Isabel Dolores; Guerrero Zuñiga, Edison Ramiro
To establish the problematic context of the investigation, it is appropriate to refer to the provisions of the second paragraph of Article. 249 of the General Organic Procedural Code (2015), hereinafter referred to as "COGEP", which establishes that, when if the abandonment is declared for the first time in the first instance, the plaintiff may file a new action on the same claims, after six months from the order declaring it. If the waiver of the same claim is declared for the second time, the right is extinguished and no further claim can be made. Data collection in qualitative research is based on obtaining accurate, reliable and relevant information. This is done by researching primary and secondary sources. These sources can be documents, interviews, observations, surveys, and others. The information obtained from these sources is used to identify and analyze patterns, trends, relationships, and other important information. It is concluded that the declaration of abandonment is an important procedural figure that is used to terminate the process early. This has important consequences, such as the cancellation of preventive orders and the possibility of filing a new lawsuit on the same claims. If the plaintiff files a claim on the same subject twice and the court declares it abandoned both times, the right is extinguished, and no new claim can be filed. Finally, if the abandonment is declared in the second instance or the extraordinary appeal, the appeal or said appeal will be deemed to have been withdrawn, and the resolution appealed will be final, and the proceedings will be returned to the court or judiciary from which they came.
El derecho de participación ciudadana y el plan parroquial de desarrollo de GAD Poaló
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-27) Muso Lasinquiza, Jhonny Fabián; Guerrero Zuñiga, Edison Ramiro
In Ecuador, the Organic Code of Territorial Organization, Autonomy and Decentralization establishes the right of citizen participation as a transversal axis at the time of formulating the parish development plan, however, the ephemeral participation of citizens has led the parish authorities to establish development plans different from the realities of their jurisdiction, a situation that is worrying for the fulfillment of goals and objectives. In this sense, the objective of the research is to carry out an evaluation that allows us to appreciate how the right of citizen participation affects the parish development plan of the GAD Poaló. To this end, the type of descriptive research is applied that determines and details the importance of citizen participation in the elaboration of the development plan, applying a mixed methodology based on a qualitative study and then establishing statistical data in a quantitative way. In this way, this study is framed within the line of research of public policies, law and society. This leads to establishing as a main result that citizen participation in the Poaló parish is scarce due to the fact that the parish authorities have not established spaces for participation in planning, as well as the deep-rooted representativeness that exists on the part of the neighborhood presidents and community representatives, preventing other social sectors from being included in the planning process, constituting a weakening of citizen power. Concluding that rural parish governments have the obligation to strengthen the participation of citizens and by means of normative acts to regulate the instances of participation so that historically excluded groups are part of the planning and to build a parish plan of efficient development aimed at creating progress in rural areas, seeking equal opportunities and the improvement of the quality of life.
El habeas corpus correctivo colectivo y la violencia en los centros carcelarios del Ecuador
(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-09) Valenzuela Miranda, Andrés Ignacio; Guerrero Zuñiga, Edison Ramiro
In 2021, the Ecuadorian prison system has witnessed a growing wave of violence, which has directly affected the rights to life and personal integrity of the prisoners. It has to be taken into account that, in the doctrinal and jurisprudential field of Law, there is a constitutional action, which is the corrective habeas corpus, which protects the rights to life and physical integrity of all those persons who are serving a sentence in a detention center. However, filing this action individually, like all constitutional guarantees, takes time, so it would not be a summary response to events such as violent riots. A collective corrective habeas corpus, cannot be found in any norm of the Ecuadorian legal system, and has even been attempted already in the month of February 2021. For this reason, the objective of this research is to carry out a study of the feasibility of the application of this action to stop the wave of violence in the Ecuadorian prison system, moreover determining whether its introduction in the Ecuadorian legal system is pertinent or not. The methodological approach applied consists of a descriptive study, which is immersed in the research line of social behavior patterns; allowing to obtain as main result the feasibility of the application of collective corrective habeas corpus, through the conclusion that this action would allow safeguarding the right to life and physical integrity of the PPL
La tutela judicial efectiva en el procedimiento de la acción ordinaria de protección
(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-11) Guerrero Zuñiga, Edison Ramiro; Garnica Bustamante, Walter Patricio
The origin of the ordinary protection action as a jurisdictional guarantee in Ecuador has been the subject of extensive legal debates. Due to, our present investigation established the main characteristics and elements that this action must have it. In that point, the application of the Justice Court will not harm to the justice bodies and the administration of justice. Furthermore, the effective legal protection is a constitutional right and it was being developed the main elements of it. In this investigation, it will be approached two important rights, such as: the due process and the motivation in constitutional judgements. Also, it will be used ten emblematic cases as the main focus and contribution to this investigation. Each case has the constitutional judgments of the first instance, the second instance and the Constitutional Court where the problem of inadmissibility of ordinary protection actions appears. It is used a qualitative approach where it helps to interact with the object of the study so, the cases were used to examined the main elements of it and to develop some concepts and understanding by using the bibliographic documentary record and files of judgements about the studied problem. As a result of the analysis of each case, the investigation shows what happened in the cases and its interpretation with some doctrine, legal criteria of effective judicial protection and ordinary protection action. Specifically, it explained what happened in the cases in which the ordinary protection action was rejected or inadmissible where it was founded that they were inadmissible due to a faulty motivation of the Judge. The faulty motivation was derived from a poor academic preparation of judges and lawyers and mainly there is an incorrect application and interpretation of: concepts of fundamental rights; the principles & constitutional rules and the grounds for inadmissibility. All of these cause that, the right of the effective legal protection can be violated and the action can be denatured, so, it produces that effective rights protection mechanism will not be applicated.In this context, for the effective protection of the right to legal protection, it was recommended that it is necessary to continue with its study, train students, judges, lawyers, etc. Also, it is important to repeal the grounds for inadmissibility and claim to the Constitutional Court to continue emitting jurisprudence binding, to achieve the certainty of the application of Ecuadorian constitutional system. Otherwise, it will be emitted unmotivated judgments of first instance, second instance and constitutional court by judges, which it generates a detriment to the users of the administration of justice.
El uso de plataformas digitales a través del e-commerce y los deberes formales del contribuyente
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-02) Gamboa Chamba, Josué Ismael; Guerrero Zuñiga, Edison Ramiro
With the passage of time, the internet has evolved the activities of human beings including trade, this has led to the creation of different digital platforms in order to streamline and facilitate the purchase and sale; with the creation of e-commerce, an activity that every day adds more users, so it is difficult for the Tax Administration to control the formal duties of the taxpayer established in the Ecuadorian legislation. Therefore, the objective of this research work is to identify whether the users of digital platforms of e-commerce comply with the formal duties of the taxpayer established in Article 96 of the Codification of the Commercial Code, for this it was necessary to use a descriptive methodology using a quantitative method through surveys to different people who use digital platforms to buy or sell products, with questions related if the same ended with a delivery of any sales receipt; in order to identify compliance with the aforementioned formal duties, information collected from a primary source that will be collected directly, according to the experiences that respondents have had. It can be a problem in the society focused and damaging to the State's income due to the non-compliance of the formal duties of the taxpayer mentioned above and highlight the scientific novelty of this research to emphasize that the tax administration does not have the necessary mechanisms to perform an integrated control to the digital platforms of ecommerce