Browsing by Author "Vargas Villacrés, Borman Renan"

Now showing 1 - 7 of 7

El cumplimiento del debido proceso en la aplicación de la justicia indígena en la parroquia tigua del cantón Pujilí provincia de Cotopaxi en el periodo 2020-2021
(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-09) Vega Tigasi, Janeth Cecilia; Vargas Villacrés, Borman Renan
The Constitution of the Republic of Ecuador supports the culture, traditions and indigenous justice in our country based on Article 171 of this Magna Carta, thus guaranteeing the impartiality of justice and in turn the rights that indigenous peoples and nationalities possess, however, within this worldview there have been frictions with ordinary justice when there are decisions that have been taken within indigenous justice and have not been respected by ordinary justice, However, within this worldview there have been frictions with the ordinary justice when there are decisions that have been taken within the indigenous justice system and have not been respected by the ordinary justice system, as well as the lack of knowledge of the indigenous peoples regarding the guarantee of their rights, which has caused various conflicts within the communities, In this way, the present research project, through a thorough and detailed analysis of what indigenous justice is, intends to instruct and guide the indigenous communities on a procedure to execute what indigenous justice is and also to make known the competencies such as the indigenous authorities, the cabildos and the internal assembly of a community, with the purpose of rescuing the customs and values of the indigenous peoples and nationalities, Likewise, the research will allow to promote knowledge in the communities regarding the forms of punishment, regardless of the offense committed in the indigenous territory and to make known the impact caused by the correct adaptation of a due process in the causes or conflicts in indigenous territories, specifically in the Panzaleo culture of the province of Cotopaxi.
El derecho a la enseñanza del idioma kichwa y el principio de interculturalidad
(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-09) Lozada Cortez, Nicole Lisbeth; Vargas Villacrés, Borman Renan
Ecuador is proclaimed by the Constitution of the Republic (2008), as an intercultural and plurinational State, which admits the existence of 14 indigenous nationalities that have developed their own language as a natural means of communication. In this context, the Supreme Law recognizes the right that indigenous communities, peoples and nationalities have to receive a relevant education that allows full command of their language. In this way, the Principle of Interculturality in Education proposes the decomposition of linguistic hegemony, with the introduction of at least one ancestral language in the study curricula, Kichwa being an official language of intercultural relations, whose protection reaffirms the right to a bilingual intercultural education. The importance and timeliness of this research has its origin in the Resolution issued by the ONU on December 18, 2019, with which it proclaims the period 2022-2032 as the Decade of Indigenous Languages, in the face of the world crisis that it forecasts. the loss of at least 90% of the linguistic heritage. Due to the above, the present work aims to demonstrate how the right to the teaching of the Kichwa language influences the Principle of Interculturality, for which a bibliographic-descriptive research is carried out, to detail aspects that transcend reality, to through the application of the mixed method, which adapts to the line of exclusion and social integration, allowing to verify the importance of the preservation of ancestral languages in the right to cultural identity and education.
La fauna urbana en el régimen jurídico ecuatoriano
(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-05) Pérez Viteri, Jennifer Diana; Vargas Villacrés, Borman Renan
The protection of animal rights has been a social struggle in some countries of the world such as Switzerland, Germany, Sweden, Chile, Argentina, Canada, etc. Ecuador is no exception in regulations that regulate the coexistence of the human with nature and all the elements that compose it. Given this, the development of this titling work was born, in order to diagnose the current situation of the Ecuadorian legal regime reforming that protects the rights of urban fauna. For which a mixed approach methodology is developed, that is, qualitative and at the same time quantitative; through a descriptive exploratory scope; and providing the availability to collect primary information, that is, through the use of the survey technique and the interview technique; at the same time as obtaining secondary information through a documentary bibliographic research. The results obtained by the interviews with public and private figures involved in the issue of urban fauna as and the surveys to different people who own a pet, it was possible to know the different positions, example of that, the legal basis of the reform to the COIP in the issue of urban fauna was evidenced, which was the reason for updating ordinances by the different provincial and municipal governments of Ecuador, in the same way, new protection, adoption and rescue programs are activated by different non-governmental groups that defend the rights of animals in defense of the issue. The participants in the fight against animal cruelty agree that it is a social struggle, that the state must be the protagonist, but they differ that the current law is still far from effectively protecting within the Ecuadorian courts given that today the system has been changed in order to have justice, which the creators of the law in the National Assembly believe to change from a complaint to a complaint that will clear the saturated public judicial system.
La mujer indígena y el derecho a una vida libre de violencia sexual
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-02) Suárez Medina, Dina Leonor; Vargas Villacrés, Borman Renan
This work presents an investigation aimed on the one hand to explore indigenous women within the contexts: historical, social and cultural, in order to illustrate their trajectory and position within the Ecuadorian state. Likewise, the current situation is analyzed and how the irrogated sexual violence against women is handled within the indigenous communities of Ecuador, when they go to the ordinary or customary justice systems. Thus, a socio-legal problem is configured, a silent phenomenon that attacks the sexual integrity of thousands of girls, adolescents, youth and adults. In this line, within the applied methodology the critical-propositional paradigm is used, in order to analyze the phenomenon that afflicts the victim in order to propose real solutions that respond to human need. Evaluating the application and defense of the rights that protect women who, due to their cultural richness, are indigenous, is determined as a very little explored field within the legal world. For this reason, an analysis of real data is presented, collected from the perspective of the indigenous community of the parishes of Cajabamba and Salasaca, belonging to the Andean region of the country. Indeed, results and conclusions that are of interest to the legal world on the right to a life free of sexual violence are presented and finally the application of a cooperation mechanism is recommended that allows indigenous women to seek comprehensive justice without threatening the legal pluralism in force in the country.
El principio de autodeterminación y el reconocimiento a las costumbres ancestrales jurídicas de los pueblos Afroecuatorianos
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-11) Alvarado Pilligua, Johanna Dolores; Vargas Villacrés, Borman Renan
The Constitution of 2008 in Title Two Fourth Chapter develops Collective Rights for the Afro-Ecuadorian people, also establishing recognition of Rights and Principles typified in International Instruments such as ILO Convention 169, Charter of the United Nations, International Covenant on Human Rights Civil and Political, International Covenant on Economic, Social and Cultural Rights. In spite of the fact that the Magna Carta synthesizes Rights to the Afro-Ecuadorian People, the erosion of the Effective Protection of Rights to Black communities is evident, for that reason it is considered that the Legal Pluralism in Ecuador, develops with the Ordinary and Indigenous Justice, infringing the recognition to the Afro-Ecuadorian Jurisdiction. Although there are investigations that reflect the practice of Proprietary Law in Provinces of Esmeraldas and Imbabura, Afro-Ecuadorians are forced to be tried under Ordinary Justice. For this reason, we hold that it is important that the ancestral legal practices of Afro-Ecuadorian peoples be recognized through the Self-Determination Principle avoiding the violation of National and International Rights.
El principio de igualdad y el derecho de utilidad de los trabajadores del sector minero de la pequeña escala en las canteras de la Ciudad de Ambato
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-10) Villena Villacrés, Romel Fernando; Vargas Villacrés, Borman Renan
Mining is one of the oldest activities of humanity, in the principles of equality and utility rights for workers in the small-scale mining sector in the Ambato quarries, there are violations of workers' rights, which demand the law of the State to Exercise the legislative, administrative and jurisdictional functions. The study of the present investigation is important because the modification of the Mining Law article could improve quality standards, generate sources of employment, describe and analyze the economic impact, measure the environmental impact and, first of all, allow all workers in the mining sector receive fair, equitable and non-discriminatory profits, also motivate their families and care for the environment. This research is supported by websites, books, magazines, documentaries, stories, monographs and data from experts in mineral exploration. The author was able to propose an alternative solution to obtain the principles of equality and profit rights for workers in the small-scale mining sector through the Mining Law based on the Constitution of the Republic of Ecuador and international instruments. At the conclusion, this document is responsible for describing, measuring, analyzing and explaining in quantitative terms the need for equality principles for workers in the mining sector and projecting that the overcoming of profits will be obligatorily distributed in accordance with a reform of the Law of Mining, which would come from this role.
La reparación integral en sentencias constitucionales y la garantía de los derechos de la naturaleza en el Ecuador
(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-09) Ramirez Campos, David Santiago; Vargas Villacrés, Borman Renan
The human species is part of nature and life depends on the uninterrupted functioning of natural systems. Every form of life is unique and deserves to be respected, whatever its usefulness to the human being. The traditional conception of subjects of law, as well as the idea of nature as an entity that is useful to human beings has been modified by the Ecuadorian Constitution of 2008. In this normative body, nature is expressly recognized as a subject of rights and it has been tried to generate a conceptual and substantial change regarding various topics such as the development regime and the inclusion of good living. It is evident that, for the effective fulfillment of the established rights, a situation is required in which there is harmony between human beings and nature, which is precisely what good living seeks. The current Ecuadorian Constitution has established rights in favor of nature, including a constitutional reservation for its creation. By virtue of this, due to ignorance in the administration of justice, rights granted in favor of the pacha mama have been violated, which has required the presentation of various constitutional actions and precautionary measures in order to make effective the enjoyment of these rights. As a result of the absence of specialists in the expert system, the reparation for the damages caused to nature is presumed unfair. In short, Ecuador establishes that nature has the right to have the existence, maintenance and regeneration of its life cycles, structure, functions and evolutionary processes fully respected. Among other aspects, what is established is developed within the present investigation, with the objective of determining the different guarantees of the rights of nature