Browsing by Author "Rodríguez Jiménez, Nelson Sebastián"

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    El interes superior del niño en la instancia judicial y en el procedimiento administrativo aplicado por la junta cantonal de proteccion de derechos del canton Ambato
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Rodríguez Jiménez, Nelson Sebastián; Espín Meléndez, María Cristina
    The principle of the best interests of the child, together with the rights linked to this principle, are recognized by national and international regulations, from which they are granted a superiority and prevalence of the rights linked to this principle, in relation to the rights of other persons, however, it is not always fulfilled, given that a clash has been identified between the right to due process and the rights related to the principle of the best interests of the child, and this is why this research is of importance. Research carried out with the objective of identifying the incidence of the principle of the best interest of the child from the application of the administrative procedure for the protection of rights used by the Cantonal Board for the Protection of Rights of the Canton of Ambato and the consequent judicial instance. In this case, a quantitative-qualitative or mixed approach was implemented, with a casuistic method, with the application of interviews to Judges of the Judicial Unit of Family, Women, Children and Adolescents of Ambato as well as to Judges of the Cantonal Board of Protection of Rights of the same Canton, surveys to lawyers who know the subject, and, the analysis of sentences and resolutions; obtaining as results that 69. 1% of those surveyed consider that there is an affectation to the principle of the best interest of the child as a consequence of the sentences in which the nullity of the administrative process is declared, a fact contrasted from the different interviews made to Judges, who almost in their totality, kept the same criterion. Concluding that there is indeed a violation of the principle of the best interest of the child as a result of the declaration of nullity by means of an appeal sentence, which with its retroactive effect causes the members of the JCPD to carry out a new reserved hearing on the minor victims, generating their revictimization; this could be remedied by the compliance of the hearing of evidence in the administrative sphere and, in the judicial sphere, by the fact that the sentences with the declaration of nullity leave aside the proceedings that could generate this revictimization