Derecho

Permanent URI for this collectionhttp://repositorio.uta.edu.ec/handle/123456789/893

Browse

Now showing 1 - 20 of 29

El acoso sexual callejero como una manifestacion de violencia a las mujeres de la Universidad Técnica de Ambato
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Gallegos Llerena, Pamela Salomé; Acosta Morales, María Gabriela
Street sexual harassment is manifested through behaviors that make people who suffer it uncomfortable. It is a social problem that affects women more because society has normalized these gestures, comments and actions about their physique or they simply relate it. as a “compliment”. Unlike sexual harassment, street harassment does not necessarily involve a relationship between the harasser and the victim. The present investigation seeks to determine the existence of street sexual harassment as a manifestation of violence against women at the Technical University of Ambato. To carry out the research, a qualitative methodology will be used that will allow us to study this social phenomenon through interviews with women leaders who know more about the topic. Awareness and sensitization campaigns play a very important role within the university community, allowing its decrease and fear on the part of the people who experience it. The objective of these campaigns is to obtain an equal and fair society. On the other hand, by reforming the protocol for prevention and action in cases of harassment, discrimination, violence based on gender and sexual orientation that the University has, it helps to inform about this phenomenon and its respective sanctions. However, thanks to primary and secondary sources, it has been concluded that if street sexual harassment exists inside and outside the educational institution and it can be classified as a manifestation of violence because it affects women's emotional well-being, limiting them to develop within any area of their personal and professional life. The normalization of this phenomenon by society has allowed the necessary measures not to be taken to stop and mitigate this problem that harms women, leaving them traumatized and impeding their social well-being
Análisis de la evolución jurídica del sicariato y terrorismo en Ecuador
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-02) Chiluisa Acurio, Josué Fernando; Acosta Morales, María Gabriela
Hitmen and terrorism have been taken as a topic of great relevance, it is widely addressed in the different media, within which the problems that arise as a result of this social problem and the difficulties that the State maintains are always highlighted. In order to resolve such consequences that occurred within the territory since a countless number of attacks are evident daily, which are increasing, it is for this reason that in this investigation all those acts committed are analyzed, such as their legal evolution, the criminal type of each crime and the characteristics of the actors who are involved within them, thus, in this work an analysis is used through quantitative methodology since it is defined as the one determined to be able to studyrelevant cases such as their common features and define a idea. central to that problem, as for the problem at hand, it will become within a line of research focused on lines of public policies, law and society measures since it follows such a path as defining those chosen by the State to control such a problem as observing whether they have maintained progress during all periods, on the other hand, what involves the issue of law and society points out those traits of each group or individual that commits such acts, giving great relevance to the issue as it is a problem present in thecountry and currently keeping many families in anxiety
Análisis de la influencia de la Sentencia No. 17-21-CN/23 y la interpretación condicionada por parte del pleno de la Corte Constitucional del Ecuador
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-21) Panimboza López, Karla Sharis; Acosta Morales, María Gabriela
Sexual violence is a problem of general interest that affects the most vulnerable members of society, such as persons with disabilities, who are frequently victims of sexual crimes such as rape, since this group has been prevented from appropriating their sexuality and for whom investigations are scarce. The objective of the study is to analyze from a legal and dogmatic perspective the Sentence No. 17-21-CN/23 of the Constitutional Court of Ecuador to establish the applicability of the proportionality of the interpretation of this type of crime and adjust it to the needs and reality of victims with disabilities unable to show resistance. The importance of dealing with this problem lies in the fact of giving visibility to an illegal conduct that violates the rights of integrity and sexual freedom of a priority group. The research approach is explanatory, using a qualitative methodology, which allows the bibliographic and jurisprudential study, together with the application of interviews to Judges and Prosecutors of the province of Tungurahua, this allows to collect the causes and effects of the legal problem, so it is immersed within the research line of public policy, law and society. The main result evidence that, although the examined sentence demands a personalized treatment in the imputation of the crime of rape, the actions of the judicial officials overlook what was ruled by the Constitutional Court, violating the rights of integrity and sexual freedom of persons with disabilities. In conclusion, the study underscores the need for greater control of compliance with constitutional jurisprudence on the part of justice administrators and a stronger state commitment to the implementation of public policies aimed at sex education and social integration of persons with disabilities.
Análisis jurídico de la Sentencia No. 2064-14-EP de la Corte Constitucional y la Suplantación de Identidad con contenido sexual
(Universidad Técnica de Ambato, Facultad de Juriprudencia y Ciencias Sociales, Carrera de Derecho, 2025-04-01) Páramo Iza, Jenifer Jadira; Acosta Morales, María Gabriela
Identity is understood as the set of personal data that singles out an individual within social relations. The growing technological progress that is evident today causes society to change the way it relates to other individuals. In this sense, personal data shared in digital networks are susceptible to be used without the consent of the owner by third parties for criminal purposes that infringe legal rights such as property, identity and privacy. In this context, the use of sensitive personal data with the purpose of impersonating the identity with sexual content is frequent, even more so in an increasingly digitized world. This conduct violates traditional rights such as intimacy, privacy, image, honor, dignity and protection of personal data. These rights enjoy constitutional legal protection; however, it is necessary that the law adapts to the new modalities that arise in the digital environment. In such a way that, the criteria adopted by the Constitutional Court in judgment N°2064-14-EP/21 must be incorporated into the legal practice. Therefore, this research through the application of an explanatory methodological framework aims to analyze the influence of Ruling N°2064-14-EP/21 in the criminal legal framework of Ecuador. To obtain and analyze the information leading to the execution of the project, inductive, analytical, synthetic, historical and comparative methods were used. In addition, seven interviews were conducted with prosecutors, criminal judges and lawyers in free practice, to know the perception of the professionals about study. The relevance of the research lies in the need for an adaptation of the criminal law to punish the crimes that arise in the digital environment. For which, the research line adopted by this project is Communication, Society, Culture and Technology. The results of the research show that the sentence under examination contains fundamental criteria for the analysis of the rights that arise in the digital era and for the determination of criminal liability for the conduct of impersonation with sexual content in the digital context. In addition, through comparative law, it has been verified that the Ecuadorian criminal law does not guarantee a real protection of the rights of the victims of digital crimes, since it does not contemplate a comprehensive reparation.
Análisis sobre el aumento de crimen en base a la llegada de personas migrantes en Ecuador
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-02) Palacios Medina, Elián Alexander; Acosta Morales, María Gabriela
The increase in crime has become one of the most controversial problems today, which cannot be considered as the only reason for the lack of economy, political situation or lack of work of these people. This research work has the importance of making known the increase of crime based on the arrival of migrants in Ecuador, taking into account that, in order to achieve this research, it was carried out through various analyses and reviews of academic texts. In addition, it is necessary to establish if there is a correct lifestyle and protection of citizen security, since as a fundamental right within the constitution is the good living. Considering that the line of research will be on law, policy and research, lines that allow comparing, analyzing and describing only the reasons why crime still exists and what have been the various factors to regulate and control the increase of crime, not only in Ecuador, but also in several countries that act promptly to regulate this problem. The increase in crime is framed in economic, social and political spheres, with the purpose of crime and vandalism, reasons for which the citizenship has reflected dissatisfaction with the actions taken by the authorities to control and reduce crime
Creación de marca urbanista: un análisis comparativo, legal de los registros de marca y patentes de las principales ciudades del Ecuador
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-07) Ulloa Ramos, Erick Patricio; Acosta Morales, María Gabriela
ABSTRACT Since its beginnings, humanity has seen the need to group together in order to protect each other from the dangers that threatened them. This is verified especially in the first forms of human organization, in which clans and hordes were formed, among others. This arose from the need to face those problems that came mainly from nature, such as animal attacks, and even from other tribes. In order to protect themselves from external attacks, and even internal ones, from the beginning human beings had to resort to their imagination and intellect, this to manufacture weapons and defense instruments. These were the first samples of invention in the beginnings of humanity, in which a need is identified and, on the other hand, its solution. Likewise, it is transcendental in the elaboration and manufacture of the answer to the specific problem, the intellect or reason of the human being. The focus of this research is mixed, where the instruments used are qualitative and quantitative, which will allow the validation of the results. In this way, through the quantitative approach, the research tools can be used through data and information. On the other hand, with the qualitative approach it will be possible to corroborate the data obtained through the interview technique. Then, with this approach it will be possible to achieve a broader perspective regarding the phenomenon. For the succession of the present investigation, a deep analysis of the problem had to be carried out, the sources for the collection of data are divided into primary and secondary.
Criptomonedas: Un estudio normativo y legal en el Ecuador
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09) Flores Fiallos, Jonas Ismael; Acosta Morales, María Gabriela
This study provides an in-depth examination of the legal vacuum surrounding cryptocurrencies in Ecuador, shedding light on its implications and potential solutions. The research is rooted in a comparative analysis of cryptocurrency regulation in Switzerland, Australia, and El Salvador, with the aim of offering regulatory insights for Ecuador. Through expert interviews, the study highlights the challenges and opportunities related to cryptocurrency regulation in Ecuador. It emphasizes the need for a balanced regulatory approach that promotes innovation, protects consumers, prevents illicit activities, and fosters international cooperation. The research findings underline the necessity of strengthening financial education, implementing regular audits of cryptocurrency exchanges, and fostering international cooperation in the regulatory field. The study concludes with recommendations for developing a comprehensive, adaptable, and effective cryptocurrency regulatory framework in Ecuador. These findings contribute to the ongoing discourse on cryptocurrency regulation and offer practical insights for policymakers, regulators, and researchers in the field.
El delito de asesinato y la ejecución de la reparación integral de la víctima
(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2020-11) Aldaz Logroño, Cristhian Alberto; Acosta Morales, María Gabriela
The purpose of this certificate is to analyze the execution of the integral reparation of the victim in the commission of the crime of murder. In order to achieve the proposed objectives, substantive and procedural norms are analyzed both in criminal, civil and constitutional matters that make up Ecuadorian positive law. International standards and doctrinal and jurisprudential sources that serve as support for the investigation are also analyzed. The methodology used is based on a qualitative, descriptive, non-experimental investigation of bibliographic documentary design, using as an analysis technique the hermeneutics of records that derive from the direct and passive observation of legal documents. It was obtained as an outstanding conclusion that the Ecuadorian legislation despite not expressly establishing comprehensive reparation to the victim in the crime of murder; However, the legal assumptions in force for other criminal offenses are applicable in cases of comprehensive reparation of the victim of the crime of murder, whose estimate of the damage to be repaired is made in the sentence declaring the guilt of the accused.
Delitos culposos de tránsito y el principio de eficacia probatoria en la administración de justicia ecuatoriana
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Mazabanda Tenelema, Christian Leonardo; Acosta Morales, María Gabriela
In traffic offenses, evidence is the fundamental basis for demonstrating the guilt or innocence of a person being prosecuted. The present research answers some questions that could be raised at the beginning of the investigation The importance of evidence in traffic offenses? How does the insufficiency of evidence affect traffic offenses? Is the time to obtain the elements of conviction or evidence in the different stages of the ordinary procedure prudent? However, from an empirical point of view, through the judges of the Judicial Unit of Transit based in the city of Ambato, answers to these questions were obtained. In this research, the conceptualization and historical evolution of culpable crimes and the principle of evidentiary effectiveness is carried out. For which, the route that guided the research is the documentary bibliographic methodology, descriptive with a qualitative approach. The Judges of the Judicial Unit of Transit with headquarters in the city of Ambato in the Province of Tungurahua point out that mainly the incidence of the evidence in the culpable crimes in all the processes is of great importance, since based on the evidence provided by the prosecution as holder of the criminal action or the particular defense of the victim allows the judges to achieve a complete conviction of the material existence of the infraction. Therefore, if there is insufficient evidence presented by the prosecution during the preliminary investigation stage and the evidence is insufficient at the trial stage, the traffic judge must issue a ratified sentence of innocence. In addition, the traffic judges point out that the prudent time period established in article 592 of the COIP should be considered as 90 days
Los derechos de los adolescentes y el acoso en la educación media
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-02) Paredes Acosta, Sebastian Alejandro; Acosta Morales, María Gabriela
The investigative work that is broken down below has been aimed at determining the status of a group of citizens belonging to the training field in secondary education corresponding to children and adolescents; focused in its full form on the aspect of education as such, by adapting this group of people to chairs of a virtual nature as a product of the COVID-19 pandemic, also added to the existence of harassment in its different forms, thus constituting a series of rights violated in the respective constitutional and legal order. In addition, the methodology that will be used to obtain relevant information in the core part of this work is the qualitative method as the central axis, even with its details I provide reliable information about the axes corresponding to the fact to which the existing problem with associated individuals the deficit of state support, poor access to chairs taught by teachers and bullying, among others, that diverts attention in classes, constituting factors that generate a decline in the learning process. Therefore, we seek to determine in what way the rights of children and adolescents corresponding to secondary education are being protected, so that there is the neatness that is established in different national and international regulations.
Los derechos humanos de las personas privadas de libertad y su incidencia en el derecho Constitucional a la rehabilitación social en el Ecuador
(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-09) Villalva González, Diego Alejandro; Acosta Morales, María Gabriela
Throughout history, social rehabilitation centers in Ecuador, have been characterized for having penitentiary overpopulation, and it is taken to annual index of overcrowding around the 29.83%. This problem has big consequences, for example, people who is deprived of their liberty do not have adequated places to sleep, also do not have access to food, health and obviously education, they can not participate in cultural, social and sport activities, not even to workshops, capacitation and work programs. Those issues, and the deficient penitentiary infrastructure, and also a lack of well-prepared human personal, absence of programs and treatments to drug addiction, lack of control in the entrance of prohibited arms inside the penitentiary, corruption inside of it, are elements which allow some places to violate Human Rights of people who is deprived of their liberty and also make impossible the aim of social rehabilitation, making that this centers just contribute to improve their abilities to continue being criminals. Now, in this context, the present investigation is trying to give a response to the main question: Is respect of Human Rights a helpful tool to accomplish the constitutional right of social rehabilitation? And for getting and answer to this, was used a methodology with a quantity and quality focus and also deductive reasoning. This investigation project possesses a big scientific value, because the problem has not been analyzed yet for many investigators.
El principio de confianza en el derecho penal y la violencia física en el estado ecuatoriano
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-27) Altamirano Escobar, Joselin Mishel; Acosta Morales, María Gabriela
This research deals with the Principle of trust in criminal law and physical violence in the Ecuadorian State, as an essential foundation that forces people to act reasonably trusting that others will comply with the laws and regulations established for the protection of their rights. In Ecuador, physical violence represents a serious social problem, affecting various groups and requiring a comprehensive response from the judicial system. Failure to comply with this principle can intensify aggression, weakening social cohesion and the effectiveness of judicial institutions. Therefore, the objective of the research focuses on studying the impact of the principle of trust within the framework of Ecuadorian criminal law, especially in relation to physical violence. Through a qualitative approach, using the type of descriptive and exploratory research, using the interview as a research technique; therefore, it is within the line of public policies, law and society. Examining the different perceptions of judges, prosecutors and lawyers in free practice on the application and effectiveness of the principle of trust in cases of violence. The results included the contribution of officials regarding the justice system in relation to the position they hold. In conclusion, trust is not only a legal principle, but also serves to guarantee justice and the protection of human rights in Ecuador, since there is a need to strengthen this principle to more effectively confront physical violence, correctly applying legislation and judicial practices.
La estabilidad laboral y cese del contrato individual por fuerza mayor o caso fortuito por covid-19, Ecuador
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-02) Cuadrado Coba, Vanessa Esthefanía; Acosta Morales, María Gabriela
The fortuitous event or force majeure is one of the ways by which the employment relationship ends, which is established in article 169, numeral 6 of the Labor Code. For this cause to operate, the events that occurred in the workplace must totally make it impossible to carry out business activities; In other words, the business must be closed, the company bankrupt, etc., otherwise the employer is obliged to maintain the employment relationship. During the State of Exception issued by Executive Decree 1017 of March 16, 2020, to mitigate the spread of COVID19, work activities were paralyzed. For this reason, certain employers applied the act of unforeseeable circumstances or force majeure to disengage workers, but there were certain cases in which work activities were not paralyzed and despite this, employment contracts were illegally terminated. arbitrarily and unjustifiably, the violation of the principle of labor continuity and the right to work in general, which affected part of the country's labor sector since at that time, Ecuadorian legal regulations were not enough to guarantee the principle of labor continuity Since the suspension of work activities was not allowed until the fortuitous event or force majeure is overcome, there was also no possibility of reducing the working day, alternatives that were presented after the State of Exception, which is analyzed within the present investigation from a practical theoretical approach.
Facilitar conocimiento jurídico en el delito de delincuencia organizada, y la criminalización del ejercicio del Derecho
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-02) Ponce Pilatasig, Wilar Saúl; Acosta Morales, María Gabriela
In Ecuador, organized crime has been one of the crimes that has required greater control and investigations due to the damages and violations of rights it has produced, which is why the legislator has incorrectly believed that it is convenient to criminalize the Law as a collaborated in this crime, without considering the sources that originate the modus operandi and the shortcomings of these criminal groups, therefore the main objective of the investigation is to determine if collaboration in organized crime of the third paragraph of Art. 369 of the COIP, criminalizes the professional practice of law, which can be clarified with the help of qualitative research of a descriptive, analytical and explanatory type, with the help of qualitative, analytical and comparative methods and research techniques and instruments that they allow. collect relevant information, which allowed us to obtain the result that the criminalization of legal professionals is not the ideal way to reduce the crime rate in Ecuador, since it must be a comprehensive regulation and observe the sources that originate the organization of these criminal groups, the reform of the article regarding the collaborators of this type of crime is urgent, due to the impact on the rights to work, due process, legal security and effective judicial protection.
El Femicidio en el Ecuador y la inclusión de perspectiva de género en su juzgamiento
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09) Veloz Castro, María Lizbeth; Acosta Morales, María Gabriela
This investigation is important due to the current actual rate that are evident as a product of the social system and the justice of our country. The implementation of a gender perspective in the exercise of criminal law constitutes a challenge and a contribution that contributes to the law evolution and the fight against the eradication of the gender violence. The application of this essential tool will generate a new political and social awareness within our state regarding the investigation route. I used some studies combination methods like: historic, logical, hermeneutical deductive and inductive method; which allowed to analyze and synthesize in a good way the compiled information. This methodology investigation applied has a qualitative approach which facilitated the interview realization to experts in the area in order to support the investigation proposals through the application of primary sources which was carried through a meticulous analysis about the research topic which generates a society valuable contribution. The research line corresponds to the public policy law and society field. This concludes the need to incorporate a gender perspective within the comprehensive criminal organic code. It is necessary to promotes an objective and equitable analysis in the trial of criminal cases with the objective of guarantee of human rights. This investigation contributes to make visible and address inequalities biases and stereotypes gender rooted in the Ecuadorian Society.
Fianzas solidarias y rehabilitación social
(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-05) Cevallos Altamirano, Andrés Sebastián; Acosta Morales, María Gabriela
Bail was never intended, by nature, to be used as a punishment mechanism. Much less, as a privilege to which few have access. This research answers some of the century old questions of criminal law and criminal procedure: Does punishment rehabilitate, is there true social rehabilitation in Ecuador, what would happen in the criminal justice system if bail bonds were used as a mechanism for conditional release, and what would happen in the criminal justice system if bail bonds were used as a mechanism for conditional release? However, there are no empirical studies on the impact of bail bonds in the country, much less on solidarity bonds and therefore their impact on the social rehabilitation of the convicted person. This research will analyze the historical basis of bail, will review comparative criminal law, and will contextualize the current situation regarding the prison crisis and social rehabilitation. For which, the route that guided the research is a positivist paradigm methodology with a quantitative approach. Hence, the provisions contained in the theoretical nuances can be used to improve Ecuador's criminal and criminal procedure legislation. In addition, the research has a high scientific value and a great practical importance, because it makes an approach to a doctrinal and normative proposal in order to have an effective and efficient mechanism of social rehabilitation, therefore, it is inserted a line of research that should be studied, developed and discussed. The limits of the legal-procedural institutions of the Organic Integral Penal Code are evidenced and the knowledge of the investigated topic of free practicing lawyers and judges of criminal guarantees is evidenced.
El Garantismo: Estudio comparativo Ecuador versus el Salvador
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-02) Sánchez Ramos, Katherine Lizbeth; Acosta Morales, María Gabriela
In this investigative work, an in-depth analysis of the evolution of guarantees in prison systems will be carried out, through a comparative study of the Republic of Ecuador and the Republic of Salvador, focusing on the human rights of each person deprived of liberty. , throughout the history of the prison system in our country, inadequate infrastructures have been evident that are not suitable for the necessary rehabilitation and reintegration of each person deprived of liberty (PPL) into society. This situation has meant that, currently, human rights are not fully enjoyed and are the cause of chaos that includes violence, deaths, internal corruption, stacking, damage to infrastructure, lack of trained personnel, lack of implementation of programs. of activities for social rehabilitation, as well as the entry of weapons or narcotic substances, among other problems. Likewise, in the Republic of El Salvador it has been a scenario of violence over the years. The lack of resources has been a key point for insecurity, since each prison system is overcrowded and it is essential to address these problems in a comprehensive manner to guarantee the fundamental rights of people deprived of liberty, promoting prison conditions that favor rehabilitation and social reintegration, and that are in line with the principles of guarantees and respect for human rights. In summary, this research has leaned towards a qualitative approach, the bibliographic and documentary type in the midst of an inductive analysis logic and the execution of each of the previously stated objectives, this study is of great relevance, since it focuses on examining, identifying and defining significant aspects of the penitentiary system in Ecuador and the rights of those who are deprived of liberty from a guarantee approach
La calumnia como infracción penal y la pena privativa de libertad en defensa del derecho al honor y buen nombre
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-27) Alquinga Masapanta, Jonathan Stalin; Acosta Morales, María Gabriela
Tn the Republic of Ecuador, slander has undergone a significant change in its legal treatment after the reform of the Comprehensive Organic Criminal Code (COIP). Previously, this conduct was classified as a contravention, but due to the seriousness of false accusations that threaten the honor of people, the legislator chose to reclassify it as a criminal offense, punishable by imprisonment. This change reflects a more severe approach to the protection of fundamental rights, particularly the right to honour, which enjoys special normative protection as a legal right ofthe first order. The objective of this study is to analyze the effectiveness of the penalties established for slander in the constitutional framework, with emphasis on the protective and preventive function of the same, and in particular in the protection of the right to honour and good name. Through a qualitative methodology and type of bibliographic research, information was collected from secondary sources and interviews were conducted with professors of criminal law, which allowed us to obtain a broad overview of the legal implications of this figure. The analysis reveals a negative perception of the effectiveness of the custodial sentence in terms of the full restoration of the right to honour and good name. Although the criminal sanction punishes the offense committed, it does not achieve comprehensive reparation for the damage caused, which suggests that the custodial sentence does not adequately fulfill the reparative function that would be expected in these cases. The right to honour, being a fundamental legal right, requires more effective protection that includes not only punishment, but also more comprehensive mechanisms of reparation and restitution. The custodial sentence, although it punishes criminal conduct, is not the most appropriate measure to prevent or remedy the damage caused by slander, so the need to review the sanctions arises and to consider more effective alternatives to protect the right to honor and good name in line with constitutional principles and international human rights standards.
La legislación penal ecuatoriana y perspectiva de género
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09) Buenaño López, Eduardo Vinicio; Acosta Morales, María Gabriela
This research aims to shed light on the biases present in the Ecuadorian judicial system, particularly in relation to gender crimes. It focuses on challenging and dismantling stereotypes that may influence judicial decisions, aiming to create a justice administration that is impartial, equitable, and respectful of all gender identities. Preliminary findings suggest a lack of adequate knowledge and understanding by the judicial system when it comes to gender crimes. This knowledge gap not only undermines justice but can also have devastating consequences for the victims of these crimes. Since the classification of femicide as a specific crime in Ecuador in 2014, more than 1,200 cases have been registered. However, until September of the current year, just over 400 conviction sentences have been issued. This number, however, does not account for the severity of the crimes, as many of these sentences seem not proportional to the severity of the damage caused by the perpetrators. Moreover, it has been observed that sentences rarely include adequate reparations measures for the victims. To better understand these issues, judges and experts in criminal law were interviewed, who provided valuable insights and knowledge for the research. The findings suggest a widespread negligence in the administration of justice in cases of gender crimes, which further exacerbates the trauma and injustice experienced by the victims.
El mercado bursátil en el Ecuador: un análisis jurídico comparativo con la legislación colombiana
(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-02) Llerena Quinga, Edwin Omar; Acosta Morales, María Gabriela
The stock market in Ecuador is an economic-social sector that has currently enjoyed importance due to the change of vision that has taken place in the business and commercial sector, however, the expected results have not met the objectives planned, due to the fact that many natural or legal persons, national and foreign, have chosen to leave the Ecuadorian stock market, giving up making investments in the small, medium, and long term due to the lack of knowledge they have of the benefits or disadvantages that They may also have due to the lack of investment guarantee actions by the Ecuadorian State, making it necessary to find new paradigms that allow these actions to be readjusted, promoting the revitalization of the economy in the country. For this reason, the present research work has the general objective of legally analyzing the regulations on the Stock Market between Ecuador and Colombia, through comparative law. The methodology used in the present investigation was quantitative, through a descriptive, explanatory and exploratory investigation, for which a highly relevant documentary and bibliographical investigation was used, in addition to the use of information techniques and instruments that facilitated data analysis, and the creation of a new vision around stock market law, allowing conclusions and recommendations to be established