Maestría en Derecho Penal y Procesal Penal

Permanent URI for this collectionhttp://repositorio.uta.edu.ec/handle/123456789/29523

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Start date: 2020Subject: search.filters.subject.DERECHO A LA LIBERTAD

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    La Criminología Mediática en el Ecuador y su influencia en el dictado de la prisión preventiva
    (2021) Moyolema Chaglla, Luis Alberto; Granizo Montalvo, César Audberto
    EXECUTIVE SUMMARY The following work refers to the topic of study in question. The objective of this research is to analyze why prosecutors require that personal precautionary measures of pretrial detention be dictated when this measure is a measure of last resort and the right to freedom is a right that is enshrined in the Constitution of the Republic of Ecuador, and it is evident that, in the ventilation of trials related to corruption, collective interest is generated. The thesis is that media criminology, through the media, generates pressure on authorities because they disseminate news of a criminally relevant conduct to crimes such as influence peddling, bribery, extortion, which seeks particular benefits. The methodology is qualitative, since an analysis was made of the different speeches of the procedural subjects in the different hearings of Formulation of Charges, which showed the qualities that affect the media in the cases of the subject of the present investigation; and in the quantitative part, the criminal news were counted; likewise, the Inductive-Deductive, Analytical-Synthetic, Historical-Logical methods were used. As a result, the expected result was reached, that is to say, it was evidenced how the media affect today, in the Constitutional State of rights and justice, contributing, in xv some cases to the judgment of criminality based on stereotypes or stigmatizations; and how the media are part of the social reality with clear incidence in the treatment of the phenomena of communication are part of the social reality with clear incidence in the treatment of criminal phenomena and in the promulgation of criminal laws.
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    El derecho a la libertad del indígena y su correlación en el proceso penal ordinario en Ecuador
    (Universida Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Maestria en Derecho Penal, 2020-03) Palate Sailema, Mauricio Emmanuel; Acosta Morales, María Gabriela
    Preserving human rights and, above all, the freedom of the indigenous peoples of the planet, represents one of the priorities of all national and international organizations that seek to internalize integrated processes; leaving aside the discrimination and inequality of opportunities of the inhabitants without considering their races. When analyzing ordinary criminal legal processes, related to human rights, it is important to determine the space or environment where they occur. In this investigation, we consider Ecuador, known as a country that promotes its plurinational and pluricultural nature, trying to generate cohesion between its different processes that seek order and justice around punishable acts and its correlation towards respect and rights. to the freedom on the part of the natives, at the time of presenting ordinal judgments. Everything derives from the existence of internal conflicts that link irregularities and inconsistencies in the criminal procedure and the rights of indigenous people to the fairness of laws. There is a confrontation that does not help clarification or the growth of the rights of the inhabitants emanating from the Ecuadorian constitution. The research is descriptive qualitative, and is located within the paradigm of interpretation. At the same time it is supported by an experimental field investigation, taking advantage of the closeness of the researcher with the observed fact. The results reveal that the right to indigenous freedom must be constantly analyzed by all those involved in their respect and vulnerability. Criminal procedural laws should serve as a platform for all existing requirements within the legal framework to be met, regardless of the nature of the accused. Finally, the conclusions show the importance of respecting the rights to indigenous freedom, especially in ordinary criminal matters. The differences that may be presented should not be a reason to enter into conflicts that lead to the violation of human rights.