Maestría en Derecho Constitucional

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El derecho al libre desarrollo de la personalidad de los adolescentes y el principio de legalidad en los delitos de violación
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Comunicación, Desarrollo y Cambio Social, 2019-12) Arcos Morales, Jorge Enrique; Frias Raza, Sergio Edmundo
The proposed investigation takes place in the scenario of the right to free development of the personality of adolescents and the principle of legality applied in the criminal proceedings for rape offences, when the accused are offending adolescents. Thus, at first it would seem that there is an antinomy between legal principles; thus determining the objective of the investigative work, i.e. to check whether there is indeed a conflict between principles, as it is conceived superficially or failing that there are events that link the differentiation between a valid rule versus a current rule. The research was based on a qualitative approach; cases and decisions issued in criminal proceedings against adolescent soreness for rape offences were analysed; this from events that translate to the exercised adolescents their right to free personality development have had sexual relations with effective consent; facts that in the legal scenario and assessed in the criminal proceedings, come to determine socio-educational measures that are depriving of liberty against the indicated adolescents. It can be said that the Constitution of the Republic of Ecuador, when it states that adolescents will enjoy the common rights of the human being, in addition to those specific to their age; recognizes and guarantees a catalogue of rights, in favour of children, this with the aim of reaffirming the recognition of children and adolescents, as subjects of rights equal to all human beings, in all meanings and without limitations, satisfying the need for the right legal instruments to protect and ensure their integral development. It was concluded that both the right to free development of personality and the principle of legality are valid rules; however, in criminal cases where rape offences have been prosecuted against adolescents who have had consensual sex, it is verified that the principle of legality applies out of force, distorting the legal effects for which the above-mentioned optimization budget was created. In this line, the results obtained from both the application of the interview form to Judges of the Family, Women, Children and Adolescents Unit of the canton Ambato, Prosecutor of Adolescent soreness, and the Director of the Center of Adolescents Violators of the canton Ambato; as well as the implementation of the survey form applied to adolescents with custodial socio-educational measures for the crime of rape, thus corroboratingly the objectives proposed in the investigation. Finally, a proposal for reform to Article 171, numeral 3 of the Criminal Comprehensive Organic Code, is presented with the aim of harmonizing this legal provision with the dogmatic budgets of the Constitution of the Republic of Ecuador, which involves related rights interdependent and interdependent, among others, priority care, comprehensive development, free development of the personality and dignity of adolescents; sincere lylaws valid for full-term status, under the parameters of specialty subject to the Constitution, the International Instruments of Human Rights and the law.
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.