Derecho

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

Browse

Filters

2010 - 201919

Settings

End date: 2019Subject: search.filters.subject.DEBIDO PROCESO

Search Results

Now showing 1 - 10 of 19
  • No Thumbnail Available
    Item
    La citación en pensiones alimenticias y el Debido Proceso
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-12) Salguero Mendoza, Galo Bryan; Poaquiza Poaquiza, Angel Patricio
    ABSTRACT The purpose of this investigation is to respect the rights of the defendant, since when there is a demand requesting food for the minor, the person who proposes the claim must summon the feeder, once the judge accepted the process from that moment the Judge sets a provisional pension based on the table of alimony granted by the Judiciary Council, but if the latter (acting) acts in bad faith, it is wrong not to inform the obligor that a lawsuit was filed against him, and when make the citation effective there is a high amount of money that it (driven) must pay in full, as a result of the accumulation of alimony. The defendant is the affected party, since it has economically harmed the same, when at the end of the hearing the Judge in his decision orders the feeder, all the accumulated alimony is canceled. Our General Organic Code of Processes in its article 332, does not establish any term to comply with this provision (cite) therefore it is proposed as a solution to the problem that art. 334 Ibid in order to guarantee due process, so that it does not affect the rights of the feeder.
  • No Thumbnail Available
    Item
    El procedimiento abreviado y su incidencia en el derecho a no autoincriminarse
    (Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-08) Wilson Richard, Albán Moncayo; Tite, Ramiro
    With the present investigative work, we focus on treating the abbreviated procedure, its beginnings, its application, its antecedents, etc., here we give importance to how this special procedure was developed throughout Latin America and Ecuador, starting from the point that within of the criminal trial. There is a negotiation or agreement between the prosecutor and the accused, so that there is a penalty of less punishment, instead of the penalty established for crimes of up to 10 years, but what this thesis investigates deeply, is how this agreement between the parties can affect the right to not self-incriminate that all citizens who are subject to this criminal process have. For this we have seen the need to find the necessary mechanisms so that in our criminal legislation or in our Organic Comprehensive Criminal Code, the corresponding reforms are made where the application of this procedure is stipulated in a positive manner. Always in every state, the constitution or constitution is the one that governs the legal rights of a society, for this purpose we review the criminal process in Mexico, and in Argentina, we also review how criminal trials or criminal trials were applied in our country. old organic code of criminal procedure and in our penal code. Here as we could observe the one who had absolute force of application of the law was the Judge, who followed, inquired, persecuted. And sanctioned, that is, it was an inquisitive application of justice, which for certain authors did not give the desired result in the pursuit of justice. Well now that we are in the abbreviated procedure, we can say that as a result of its application gives us the impression that the prosecutor. It does not fully comply with its work and obligation to investigate, scrutinize, investigate the fact fact, which in the long run will be the basis of what is to discover the commission of the offense and the responsibility of the accused. In all stages of criminal proceedings we see how each of the parties have a fundamental role, the role of the prosecutor is simplified, when it enters into an agreement with the accused that many times it turns out to be innocent, but that was submitted to the procedure by the simple reason to save time and money, which is precisely what this procedure pursues. When asking the procedural subjects of such procedure, such as judges and lawyers, we are surprised that the great majority thinks that this procedure should be reformed and suppressed, for the reason that it breaks with the right not to incriminate oneself and with the Presumption of innocence. That is why the proposals we present, are focused on the reform of this criminal process, so that later justice is considered as such, and as several authors tell us, give each one what is his due
  • No Thumbnail Available
    Item
    Las garantias constitucionales y el derecho a la motivación en los actos administrativo
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-05) Espinoza Ruiz, Ronny Sebastián; Aracelly, Portero Castillo
    The present investigative work has its origin in the cases of massive decoupling of police servers in the Republic of Ecuador through ministerial agreements issued by the Ministry of the Interior, a subject that is booming within the country since the so-called "30S". During its development, Ministerial Agreement 4421 was analyzed, which resolves to unlink 322 police officers at the national level, who suffered violations of their constitutional and labor rights during this process, currently seeking to reinsert immediately those persons who were disengaged without no reason The Constitution of the Republic of Ecuador in its Art.76, numeral 7, literal L establishes that "the resolutions of the public powers must be motivated", which allows to explain that if a resolution does not state the legal principles in which it is based there can not be a proper motivation.
  • No Thumbnail Available
    Item
    El procedimiento directo y el derecho a la defensa del procesado
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-12) Goyes Aguilar, David Sebastian; Tite, Segundo Ramiro
    The present investigation is based on the need not only to guarantee the principles and constitutional rights of the people who have been apprehended in flagrante delicto, but also through a legal reform that allows those involved to have unrestricted access to said rights. In order to be aware and in this way consistent with the research work, you will always have to start from the regulations contained in the Constitution of the Republic of Ecuador of 2008, as the supreme rule, as you always have to take into account what provides for Art. 424, where the Constitution prevails over any other of the legal system, and in the case of human rights, With regard to the International Treaties and Conventions ratified by Ecuador, it must be taken into account that the same when dealing with human rights that have more preferential situations for people, they are on the Constitution, even if they are not established within the Constitution. of its regulations. The Right to Defense is the basis of this work, because its main objective is the legal protection of rights, which can´t be violated by justice operators. It should not be forgotten that fundamental rights are born with modern constitutions.
  • No Thumbnail Available
    Item
    El procedimiento abreviado y las garantias básicas del debido
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-09) Mena Ojeda, Marco Antonio; Cortés Naranjo, Edwin Wilfrido
    The Criminal Procedure Law, as will be seen below, is in charge of regulating the forms by means of which the issues submitted to the decision of the Judges and Courts of Justice are proposed and resolved and within this investigation, we will determine how the Procedure Abbreviated, established in our criminal law, within what the legislator has determined as Special Procedures, articles that go from 635 to 639, violate some of the rights and guarantees of the persons processed established in our Constitution of the Republic of Ecuador. In the exercise of these rights, in the sense that for our supreme rule, "All people are equal and will enjoy the same rights, duties and opportunities," and the Guarantees of Due Process, we present this investigation whose objective is to determine the current penal problematic and the one of establishing a mechanism of solution to this conflict of the law, given its importance for the society in general. To support this work, we will accompany the thoughts and illustrations of outstanding national and foreign jurists that will help us illustrate this work in the best way and that satisfies and clarifies that what is sought is to enter into a perfect understanding of the search for the truth for achieve specific goals, based on the accuracy of statements and the prolixity in the development of research with the purpose of fulfilling the purposes of the University and the development of the Criminal Procedure Law in our country. That is why we argue that due to the great importance of the study of Criminal Procedure Law and the rules that are currently synthesized in the Comprehensive Criminal Code and the great interest that has been created in many treaty institutions established in it, and Above all, the claim that the defects and vices of the exercise of the Administration of Justice depend on those who make up the Jurisdictional Function, is very wrong Evidently, the human flaw in the Courts and Judicial Units is not due only to legal ignorance as it has to do with the interpretation of the law; because the serious thing we emphasize, it is the frame of limitations with which they are developed, the formal thing of the legal procedures, more and more problematic they entail to that the state fulfills less and less with its assignment. All this with the implementation in procedural regulations of new procedures that, on the contrary, of the jurists who defend it, tend to limit the rights and guarantees of man established in our Constitution and International Instruments, since it is easy to subject a human being to the deprivation of liberty and how difficult is their vindication; that the distortion of the truth is simple and that repairing it is complex; Finally, the levels and the lack of legal security due to the simplification of procedures determine legal structures that lack meaning; it is intended that the stone be carved with a wooden chisel.
  • No Thumbnail Available
    Item
    El debido proceso y la justicia indígena
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-06) Guzman Chuquiana, Luis Gabriel; Vargas Villacreses, Borman Renán
    Indigenous justice today in our country is strengthened, since it is supported by the Constitution as it can be evidenced in article 171 where it guarantees the rights of all indigenous peoples and nationalities, the problem is that Ordinara justice does not respect as such decisions taken within the community , another problem is the ignorance of the rights enjoyed by a community by the fact of being indigenous the same that has been creating conflicts and violation of rights, that is why to apply the indigenous justice must exist a model for the effective execution of it. It also allows to know the competences of the indigenous authority, what types of infringements can know the indigenous authority, know the very bottom of the punishment with water, nettle and whip, know that there is only one type of punishment at the time of issuing a sentence or signing a record. This research also aims to make known, Orient, motivate, value, rescue life, customs, traditions in every aspect of indigenous peoples and nationalities, especially indigenous justice as the main essence for the coexistence of peace in the community and the Pacha Mama. This research is focused on implementing a model where the due process for the exercise of indigenous justice is applied in the community of Cachilvana Grande of the parish Kisapincha, Canton Ambato the same one that under a thorough analysis has been able to see the impact that caused the application of the due process in the indigenous justice.
  • No Thumbnail Available
    Item
    El derecho de los adolescentes infractores y la competencia de los jueces de familia niñez y adolescencia
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-06) Carvajal Pérez, Alexander Jamil; Mayorga Naranjo, Nelson Eduardo
    the current research work is aimed at the “ right of adolescent offenders and competence of judges of childhood and adolescence ”, which analyzes the criminal responsibility of juvenile delinquents , will be subject to the , norms indicated in the organic code of children and Adolescents , that allows the application of socioeducational measures , which are protectionist of adolescents; but harmful to society , since we know that minors are considered as a group , of double vulnerability since most of the cases are used to commit crimes . for which the increase of crime in our country committrd by adolescents that is considered a crime punishable by the unlawful acts committed, with sanctions of more than ten years as established in the penal code, for the reason that the law allows them to exercise a rigorous sanction but, must be exercise by a court of judges specializing in juvenile offenders since they must study all ; the causes that led him to commit a crime that is . They must be punished responsible for the crimes committed, in this thesis. I demonstrate that the sanctions imposed on juvenile offenders are based on socio-educational measures that are administered by a judge of the childhood and Adolescence, accordance with the regulations established in the code of children and adolescents; such as: reprimand 5 and imposition of rules of conduct, counseling and family support. repair of damage caused, community services assisted freedom, home detection internment during the weekend, internment of the semifreedom internment; which means that teenagers who commit crimes after having committed a serious crime, with the application of socio –educational measure, continue in the regularity of criminal acts and not achieve social rehabilitation of the adolescent offender, are also protected and guaranteed rights. situations that is used to continue in criminal .acts to be considered unimputable subjects therefore , it is imperative to request the creation of specialized courts that have a knowledge of the most infringing offenders , since nowadays minors are punished by the same judge who takes all the procedural stages without doing a thorough study of the procces , on the incomputability of juvenily delinquents, thus guaranteeing citizens security , in the theoretical and field work of this thesis I was able to obtain criteria with clear and precise grounds , the same ones that helped me verify objectives and contrast hypotheses , which allows me to strengthen the proposed
  • No Thumbnail Available
    Item
    Sanciones disciplinarias en la Policia Nacional y el debido proceso
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-06) Ortega Serrano, Freddy Gabriel; Espin Sandoval, Luis Fernando
    The present research topic is carried out, since with in the last years a series of inconsistencies have been given when issuing the disciplinary sanctions in the National Police in our country. To date, the non-conformities in the resolutions issued have increased, but what has not been solved is that; We have not taken fundamental principles prescribed in our Constitution to generate a fair trial; The Internal Affairs Unit has not considered this issue as a problem with in the regulations and society. Since the creation of the Police Institution has been sanctioned with the Internal Regulation of the Institution currently in force, which contains a number of shortcomings since; The police in active service in an internal investigation, only renders its version, leaving all the process in the hands of the Unit of Internal Affairs; Issues a report so that the Superior may judge the Command or the Unit, leaving aside such principles as Contradiction, Inmediation and Motivation. The fundamental reason, which generates inconveniences the disciplinary sanctions is that; To date no new Law or a reform has been generated that complies with the current provisions issued by our Constitution, for this reason; We are obliged to put our research subject, with a project to reform the current National Police Regulation, to provide a solution in each of the investigations carried out by the Internal Affairs Unit, guaranteeing a Due Process to all officials who are In addition, it is considered that the issue is important to investigate since the principles such as, Immediacy, Contradiction, Motivation; With in the processes are transcendental so that the good development takes place effectively; And, culminate with out any inconvenience for the members in active service of the Institution. In the investigation of internal affairs, each of the principles exposed, clearly marks an important role. As a first point, we have framed the Immediacy; A principle that allows us to be before competent authority and on equal terms, to later include the principle of Contradiction, make an assessment of proof of loading and unloading of the same, And, contradict all that is not generated on the basis of Law. In our research we have taken into account the principle of Motivation; Since the competent authority must adhere to both the sound criticism and the law, to issue each and every one of its resolutions. Protecting, therefore, each of the Rights and Obligations that we have all the people belonging to the Ecuadorian State. The society, and each member belonging to the National Police of Ecuador; I would regard this research as an aid, since they would be sure that every principle set out in our investigation is fully met; And, so all the causes in the future, know the Internal Affairs Unit of the National Police, conforming to the Law of Due Process by creating fair trials. Finally, to this legal-regulatory issue, a viable solution is proposed so that there will not be any further no conformities on the part of the Sanctioned in the internal affairs investigation processes, thus determining; A true justice for each of the accused, and demonstrate to the members of the National Police the transparency with which Justice today acts.
  • No Thumbnail Available
    Item
    Infracciones penales y el principio de objetividad
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-06) Cáceres Pérez, Freddy Roberto; Pazmiño Vargas, Klever Alonso
    The graduation work: CRIMINAL INFRACTIONS AND THE PRINCIPLE OF OBJECTIVITY "proposes that these constitutional guarantees be applied in a more agile and timely manner, taking into account that for the legal prosecution of each case, administrators of justice must employ in all processes, The basic and fundamental guarantees enshrined in the Constitution of the Republic of Ecuador. After the investigative work, it is concluded that in the supreme norm of Ecuador, it is determined that in every process the principle of procedural speed is guaranteed, thus allowing procedural subjects to access justice in an optimal way, but already in the actual practice of Procedures, we begin to find the system's shortcomings, inasmuch as, specifically in criminal proceedings, this basic guarantee is only applicable in the expedited procedure, whereas in the procedures there is no rule of immediate application which must be subject to the stipulated terms In the law. The principle of objectivity in Ecuadorian law, duly applied by the administrators of justice, will allow the legal process to be promoted in an adequate manner, guaranteed to the procedural subjects legal certainty determined and recognized by Ecuadorian laws. These established parameters, it is concluded that the present research work is of vital importance and transcendence, since it seeks to provide an alternative to the problem posed and its possible solution, which is of vital importance to be guaranteed and applied as determined In the legal system, which are established to guarantee the right of individuals.
  • No Thumbnail Available
    Item
    El proceso de homologación y calibración de dispositivos y equipos tecnológicos foto radar y la notificación de las infracciones de tránsito
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-03) Morales Sailema, Oscar Danilo; Pazmiño Vargas, Klever Alonso
    The technological application with which it is found in the different cities of the country has been implemented in the photo, to eradicate the accidents in the different roads, these technological equipment differ in three types according to the art. 6, Resolution No. 174-DIR-2013-ANT, Regulations for the Homologation, Use and Validation of Systems Devices and Technological Equipment for the Detection and Notification of Traffic Infrastructures, these are fixed as those of the city of Ambato, static When placed temporarily and mobile when the contravention detection equipment is installed in a vehicle that is in motion or parked at a certain point, for the study of the present we will focus on the mobile sensors of which according to this resolution must Be properly homologated and calibrated for correct use. These must be notified in accordance with this resolution Art. 19, which provides that notification with information obtained from the system, equipment or approved devices recording the commission of the traffic violation shall constitute technological proof, provided that the data of the infringing vehicle or person Responsible for its commitment, accompanied by data of date, place, day, month and year in which the last revision and operational certification of the equipment was carried out. Transit agents shall personally notify the person responsible for the contravention of the contravention, a copy of the corresponding ticket, which shall indicate the contravention, the name and the identification number of the driver of the vehicle, or of not being able to establish the Identity of the driver the number of plates of the vehicle, next to which will be delivered the image obtained by the electronic means with the technology of the detection equipment of contraventions. It must be observed what the LOTTTSV Organic Law of Transit, Land Transport and Road Safety and its General Regulation, electronic means, which is not done, is delivered the ticket of citation without any certificate of operation of the equipment and worse Still with the contravention image