Maestría en Derecho Constitucional

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La acción de protección como mecanismo de defensa ante acto administrativo lesivos de derecho
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado. Mención Derecho Constitucional, 2023-08) Andino Silva, Edy Juan; Espín Meléndez, María Cristina
The Ecuadorian Constitution establishes that the protection action has as its objective the direct and effective protection of the rights recognized in the Constitution and can be filed when there is a violation of constitutional rights. However, the Organic Law of Jurisdictional Guarantees and Constitutional Control establishes in which cases the action for protection does not proceed, specifically, in the case of administrative acts. In general, the protection action is not valid if the administrative act can be challenged through judicial channels, unless it is demonstrated that such channels are not adequate or effective. This means that the protective action is restricted in its use, being considered as a residual and subsidiary measure. Sometimes, administrative acts issued by public authorities are not necessarily illegal, but they do violate fundamental rights that can only be recognized through the Action for Protection, which is considered an effective and adequate means for its resolution. This action constitutes a mechanism to protect and guarantee the rights of individuals against acts of the administration that may violate them. Therefore, it is necessary to consider how protection is understood in the framework of a constitutional State of rights and justice and how the principles are applied in relation to the action for protection. The objective of this research is to determine whether the action for protection is viable in cases of administrative acts.
La declaratoria de lesividad en instituciones de educación superior del Ecuador, frente a la vulneración de Derechos fundamentales en el ámbito administrativo
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Maestria en Derecho Constitucional, 2023-08) Iza Cando, Germán Marcelo; Poaquiza Poaquiza, Ángel Patricio
This investigation investigates whether the violation of fundamental rights in the administrative field with the purpose of preventing constitutional and administrative actions in the public administration, especially in higher education institutions, since by not observing the constitutional principles and guarantees, in administrative acts they affect constitutional principles and guarantees, damaging rights considered fundamental by our Constitution and international regulations. The following specific objectives were analyzed: 1. Carry out a legal and doctrinal analysis of the declaration of harmfulness of administrative acts. 2. Identify the violation of rights by the declaration of harmfulness of the favorable administrative act. 3. Determine in the administrative resolutions declaring harmfulness the existence or not of violation of fundamental rights. In the first chapter, of the theoretical framework, it was analyzed doctrinally andxv legally in relation to the administrative and constitutional field, in which the meaning of the administrative act is conceptualized, as well as the elements, characteristics, requirements, validity, favorable acts, its revocation, until the revocation of the favorable administrative acts through the declaration of harmfulness, in the same way the requirements, nature, effects that can cause the administered and the administration, when carrying out a procedure of declaration of harmfulness in the administrative field, were reviewed. considered national and international jurisprudential casuistry, entering the constitutional sphere in order to determine in the administrative procedure the violation of the fundamental rights of the person as a public servant affected, by the declaration of harmfulness. In the chapter of the methodological framework, surveys will be carried out in order to find out if the legislation corresponding to the administrative field, in coordination with the constitutional one, is applied in a practical way in higher education institutions, especially in newly created universities. Finally, the conclusions and recommendations are presented, which emphasize the main results achieved
Los decretos de estado de excepción por desastres naturales en el ecuador y la garantía constitucional de motivación
(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-01) Saca Balladares, Melinton Fernando; Acosta Morales, María Gabriela
The present investigation revolves around the power that the President of the Republic of Ecuador has, to declare the entire national territory or part of it, under an Exception Status, whose executive decree in its content must necessarily observe the constitutional guarantee of motivation, which has been widely developed in the national and international constitutional jurisprudence, regarding the parameters that constitute it, always seeking to avoid discretionary and arbitrary actions by the state authorities. The qualitative approach applied, allowed to analyze and explain the causes of the scarce, contradictory, impertinent or apparent motivation of the executive decrees of the Exception State due to natural disasters in which the decisions of the authority are manifested, resorting to a field investigation through the application of surveys, and a documentary investigation through the collection of the data contained in the administrative acts called executive decrees of the Exception State due to natural disasters in the period 2009-2017, and their respective judgments or constitutionality rulings, in which the technique of observation and case analysis was applied. From the findings, it was evidenced as a general rule, that the control carried out by the Constitutional Court to the Exception State, is simply a formalism that seeks to satisfy the aspirations and provisions emanating from the Executive; Since all the opinions or judgments of constitutionality are favorable, without applying in any of the cases the Motivation Test that involves the parameters of reasonableness, logic and comprehensibility developed by the Court itself, without a doubt this omission of the Control Body responds to coercions or interests of a political nature, without considering at all that various fundamental rights of the people affected by the declaration are at risk. Finally, it is sought that the Executive Function assumes corrective measures regarding the due motivation of its Exception State decrees, framing them in strict compliance with all constitutional principles and guarantees, so that in their application no type of fundamental right.
El incumplimiento de las disposiones transitorias del código orgánico de entidades de seguridad ciudadana y orden público y su incidencia en los derechos fundamentales de los agentes civiles de transito
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado. Mención Derecho Constitucional, 2023-08) Pinto Morales, Andrea Estefanía; Vayas Castro, Guillermo Santiago
The present investigation revolves around verifying if the disciplinary administrative processes followed by the Civil Traffic Agents, comply with the right to legal certainty and effective judicial protection in each of their procedures, even more so when the first transitory provision of the Organic Code of Citizen Security and Public Order Entities provides that while the regulations that regulate the actions of this collegiate group are issued, the provisions of said code will be in the most favorable to the administered. The qualitative approach allowed us to analyze and explain the causes of the scarce or apparent motivation of the disciplinary administrative processes followed against the civil traffic agents, in which a violation of constitutional rights is clearly evident due to the non-compliance with the provisions of the first Transitory Provision of the COESCOP and others corresponding to what has to do with the Civil Traffic Agents, that is, not having regulations that govern their actions, specifically; Therefore, this situation leads to a violation of fundamental rights such as due process and consequently legal security and effective judicial protection. From the findings, it was evidenced as a general rule that, to date, the Constitutional Court has already admitted an action for non-compliance with what is indicated, that is to say that the municipalities do not have an established regulation for the body of Civil Traffic Agents, with such admission by the Control Body, it results in coercion or interests of a collective nature, placing within this group the administrators that correspond to the Civil Traffic Agents, without considering Absolutely not that several fundamental rights are at risk. To finalize the hypothesis proposed by the author was fulfilled, since from the findings found it can be evidenced that there is a violation of the fundamental rights of Civil Traffic Agents.