Derecho

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End date: 2019Subject: search.filters.subject.DERECHO

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Now showing 1 - 10 of 31
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    El Estado punitivo en los delitos informáticos
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-01) Céspedes Martínez, Carlos Lautaro; Sánchez Espín, Jorge Enrique
    The purpose of this investigation is to establish that not only the State or the Government as a controlling entity can do and undo things, regardless of the opinion of the citizenry, especially when dealing with the latest-generation computer crime, since Ecuador is currently carrying out legislation in this regard. It should be remembered that in the Penal Code practically this class of crimes lacked sanctions. With the entry into force of the Organic Comprehensive Criminal Code, there are already established several sanctions for different computer crimes. It has been determined that those charged with the administration of justice and professionals in free exercise, have the need to know the current criminal law in matters relating to computer crimes, to access the benefits and know what are the limitations that the law imposes on citizens on the subject of computer crimes There is acceptance regarding the possibility of implementing an exclusive chapter on computer crimes in the Adjective Penal Code Acosta (2012). One way to be able to keep consistency with the research work is to always start from what the Constitution of the Republic of Ecuador establishes in 2008, taking into account that it is the supreme norm, and that therefore all other laws, they must be subject to it, otherwise they lack legal effectiveness, because constitutional supremacy must always prevail. It should also be noted that in the Comprehensive Organic Criminal Code, not even sanctions are written for all computer crimes that are currently many. Not for that reason, because of the punitive power that the State has, it can restrict the opinion of people by any means of communication and even worse by different social networks. The obligation of a State is to create norms that satisfy the whole society, so that the citizens can live in harmony and peace.
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    La muerte del progenitor y el derecho a la identidad de los hijos no reconocidos
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-11) Masabanda Guerrero, Adriana Patricia; Poaquiza Poaquiza, Ángel Patricio
    The right to the identity is a human right and therefore fundamentally for the development of the persons and of the companies, right this one who understands diverse aspects that distinguish a person from other one, includes the right to have a name and the possibility of identifying across a document of identity. This right to the identity has a direct and indissoluble entail with the right not to be discriminated, though it does not seem, but actually if they are connected rights, which refer for example to the health, to the intimacy and to the project of life, definitively in the right to the identity there meet other rights that also interfere to the moment that they are affected. The jurisprudence is pacific respect of the guardianship granted by the great letter to the right to the identity. This right is recognized also to level of the most advanced and lucid jurisprudence and foreign doctrine. The Court of Italian, pioneering Cassation in systematizing a tutelary doctrine of the right to the identity expressed to the effect that: " every subject has a generally considered deserving interest of juridical guardianship, of being represented in the life of relation by his real identity" It is my intention to approach the topic of the identity of the person and his protection in the order of the human rights, convinced that we all here already accept of item that it is not necessary to to speak about any of these rights in a dismantled way or aisladamente about the rest of the same ones. This wants to say that we assign to the so called theory of the integralidad of the rights.
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    El acoso cibernetico y el derecho a la honra y buen nombre
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-10) Granizo Ulloa, Diego David; Vayas Castro, Guillermo Santiago
    Investigating cyberbullying and the right to honor and good name of people is paramount, since currently the number of cases are alarming where the main objective of executing cyberbullying is to denigrate and damage the image of a person before the society or in turn cause psychological repercussions that affect their emotional integrity. According to research conducted by several writers, the misuse of new technologies and globalization collaborate to make the commission of some crimes through the internet, mostly what facilitates the use of the same is the anonymity that generates uncertainty in the victims. Cyberbullying is an aggressive and intentional act that is directed to the direct damage of a person carried out in a repetitive and constant way over time through the use of a social network or virtual platform, and that in our country is not found typified as a crime. The importance of the investigation lies in the fact that cyberbullying can be regulated as it violates the right to honor and good name of people, whose rights are inherent to the human being, which generates a legal vacuum, and which in turn The Constitution guarantees the protection of the same through the State and its control entities. The application of the proposed proposal will be widely welcomed by the number of cases that have remained unpunished and that continue to be committed because by not establishing a clear and prior rule on the materiality of this problem there can be no crime and much less a penalty.
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    Valoración de los antecedentes judiciales y la suspensión condicional de la pena
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-06) Lalangui Villarroel, Luis Ángel; Sánchez Espín, Jorge Enrique
    The current reality that exists in our country and the great shortcomings that have been found in our standards is a big problem, because it means that we do not have an effective protection of our rights, principles are violated and standards are contradicted, which it leads to the correct application being left unsaid. The present investigation is being carried out to guarantee the effective tutelage, and to try to give a viable alternative for the problematic one raised, since the operators of justice are the ones in charge of administering justice, since the victims when realizing, the bad application of what is established in the Comprehensive Criminal Code, in its article 630 for people who are sentenced to prison. They can leave in liverdad as long as they are not sentenced to a penalty of no more than 5 years. Based on the provisions of the Constitution of the Republic of Ecuador, which is the supreme law on other laws, the same that has constitutional supremacy, and then focus on the vacuum that exists in the standard that is trying to correct with a reform in his article. The Right to Judicial Protection, becomes the paradigm of the present work, because its main objective is the legal protection of rights, which must be protected, in addition to our Constitution that surrounds us in rights also gives us duties and obligations which we must comply and respect, and if we do not comply with them, it brings legal consequences. It must be taken into account that when a person is a repeat offender he must be sanctioned, without having the option to apply or request this alternative measure.
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    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.
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    El contrato de prestación de servicios ocasionales y el principio de estabilidad laboral en el sector público
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-03) Gavilánez Criollo, Ana Judith; Espín Sandoval, Luis Fernando
    Graduation work under the modality of Research Project entitled "THE CONTRACT OF PROVISION OF OCCASIONAL SERVICES AND THE PRINCIPLE OF STABILITY LABORAL IN THE PUBLIC SECTOR". Its purpose is to safeguard the labor stability of the people who provide their services in the public sector and that their right is not violated by the application of contracts for the provision of occasional services. Contracts for the provision of occasional services is a legal instrument used by State institutions by the Organic Law of Public Service for the entry of personnel without having won contest of merits and opposition to cover an occasional position, the same that have a period of 12 consecutive months can be renewed for a single occasion for the same time as mentioned above, when considering this type of contract does not give sufficient guarantee of job stability and is where it makes it impossible for these people to continue working and be seen affected by the loss of their jobs being again in the search for a sustenance to cover their needs and their family nucleus. We understand by labor stability the right that a worker has to keep his job permanently, where his income is guaranteed directly to satisfy his needs and those of his family, where he receives a legal remuneration in exchange for a job. People who provide their services in different public institutions as contracted, live in a deep, unjustified, illegitimate and unconstitutional job instability, for example, the contract is finished, the renovation of the same is expected with uncertainty where a social problem is brought, economic and even psychological for people who do not have a source of income to support their families, due to this is the creation of this topic chosen for the realization of the research project, where it is considered a current issue of utmost importance for the people who seek economic stability and above all a professional improvement within the administrative career. During the elaboration of this project, issues of great importance in the constitutional and labor area will be discussed, which will develop a clear and concrete idea of the constitutional principle of job stability, inherent to all servants public in our country.
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    La citación con la demanda al demandado a través de la radiodifusura y el derecho a la honra a las persona
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-01) Aguirre Solís, Jessica Katherine; Poaquiza Poaquiza, Angel Patricio
    The graduation work under the Thesis modality: "THE CITATION WITH THE DEMAND TO THE DEMANDED THROUGH THE BROADCASTER AND THE RIGHT TO THE HONOR OF THE PEOPLE", proposes to repeal No. 2 of art. 56 of the General Organic Code of Processes, legal provision that establishes that the person or persons whose individuality, domicile or residence is impossible to determine will be quoted through: No. 2.- "Messages that will be transmitted on three different dates at least three times a day at a local radio station on a schedule of six to twenty-two hours and which will contain an extract of the relevant request or request. The owner or legal representative of the broadcaster will issue the certificate attesting the dates and times when the transmissions of the message and a copy of the audio were made. The citation by the radio will be made when at the discretion of the judge or the latter is the main means of communication of the place. I consider that the summons to the defendant through the broadcaster is an attempt against the honor and dignity of the people, taking into account that the situation in which the defendant is located is personal and nobody has to know their problems. On the other hand it has been strange to see how the judges do not strictly apply what is determined in the last part of the legal provision quoted the same one that verbatim says "The citation by the radio will be realized when at the discretion of the or the judge" Be the main means of communication of the place" In this city of Ambato there are several written means of communication, such as the newspaper El Heraldo, Diario la Hora, means in which the citation can be made, but nevertheless the judges violating this rule directly order the publication to do so by The Radio, violating the principle to the honor and the dignity of the people.
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    La suspensión condicional de la pena y la violación al derecho de las víctimas
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-11) Castro Onofa, Jorge Leonardo; Espin Sandoval, Luis Fernando
    The current reality that we live in our country; Is that we are, in a constitutional state of rights, as established in the Constitution of the Republic of Ecuador, and it is for this reason that in the national legal order, to be more precise in the Integrated Code of Criminal Procedure, The conditional suspension of the criminal in article 630 of the code mentioned above. This mechanism constitutes an alternative measure, for those sentenced whose custodial sentence does not exceed five years, in addition the sentenced should not have another ruling in force, in turn their personal, social and family history, as well as the character of crime are samples That the execution of the sentence is not required; As clearly mentioned in the requirements established by COIP for the application of this mechanism; Crimes against sexual and reproductive integrity, violence against women and members of the family are situations in which the application of this benefit will not proceed for any reason. The sentenced who has benefited from the application of the conditional suspension of the sentence, once, has met the requirements, must comply with some conditions provided in article 631, the main reason for this research project is the one indicated by Number 7, which refers to reparation of damages or payment of a certain amount as compensation to the victim, in the form of integral reparation or guarantee some form of payment, this ensures that the victim is repaired by The damages suffered. As can be seen in the previous paragraph, one of the conditions that the sentenced must comply in order for the conditional suspension of the sentence to take effect is to ensure full reparation of the damages suffered by the victim, but this reparation must be comprehensive and Must comply with what is established by article 11 numeral 2 of COIP; Which refers to the integral reparation of the damages suffered as a fundamental right of the victims, and which also indicates the most appropriate mechanism for the application of this repair; These mechanisms include knowledge of the truth, restoration of injured rights, compensation and guarantee of non-repetition of inflation, satisfaction of the violated right, ensuring that these are fulfilled without any delay or delay ; These mechanisms will be used according to the offense of which they have been victims. As stated above, reparation for damages suffered by the victim must be executed correctly and promptly; Which does not happen in the case of the conditional suspension of the sentence. As stated above, in the condition stipulated in article 631 numeral 7 where the repair of damages is mentioned, there is no mention of a time limit for compliance with the same. Although it is true that there is no established time for the fulfillment of the reparation of the damages suffered by the victim, it is also undeniable that those sentenced who have access to this benefit, such as the conditional suspension of the sentence, must show their Interest in repairing the damage caused.
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    El cambio de apellido por posesión notoria y el derecho a la identidad personal y colectiva
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017) Naranjo Valdospin, David Rodrigo; Tipantasig Cando, Jaime Tarquino
    ABSTRACT The present investigation was carried out on "The Change of Last Name by Notorious Possession and The Right to the Collective Personal Identity". In the elaboration of this project a thorough study was made both of the antecedents, characteristics, and other ways in which a person can freely change or choose his surname; An analysis was also made of how the right to personal and collective identity is violated with reference to the free choice of surnames, since to be able to carry out the change of surname it is necessary that the notorious possession be proven. It is necessary to propose alternative solutions in order to correctly apply the right to identity and the freedom to choose surnames. In order for the research to be correctly carried out, it is necessary to take a sample of the population so that, in order to have a broader approach to how the project is to be carried out, and to see who are the ones who would benefit from the problem solution proposed in this investigation. With all the research developed, a proposal can be made in which it benefits the entire population affected by the violation of the Right to Identity by applying the regulations of the Organic Law of Identity and Civil Data Management, which states that to carry out the change of surname must prove its notorious possession, for which it was proposed alternatives in which it is focused to grant a solution, and through this people can change, modify and choose the order of their surnames freely, that is exercising the right that people have to the personal identity, to the free election of their surnames. The purpose of the proposal is to reform the Organic Law of Identity and Civil Data Management, so that this law establishes in its regulations the correct way in which the right to personal identity can be applied with the free Election of the surname established in the Constitution of the Republic of Ecuador. Therefore, the right to personal identity in reference to the change or modification of the surname has been studied in a profound and extensive way to be able to apply in a correct way this constitutional right that we as Ecuadorians all have and which is of fundamental application within the Ecuadorian legislation.
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    Vulneración del derecho a la suspensión condicional de la pena en los delitos de asociación ilícita
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-02) Razo Barrera, Carla Andreina; Altamirano Pérez, Milton Aquiles
    This research has as its fundamental objective, which is aimed not only at ensuring constitutional principles and rights of persons who have been sentenced for committing a crime of illicit association, but also through legal reform can have unrestricted access to those rights. Once our country adopted the Constitution of the Republic of 2008, and was considered as a constitutional State of rights and justice, as determined in Art. 1, this research will depart from the provisions of the Constitution of the Republic, as the supreme rule, the same that has Constitutonal Supremacy over any other law, as well as in the international treaties and conventions ratified by Ecuador, considering them as human rights, they are above our Constitution. The right to judicial protection becomes the paradigm of this work, because it has as its primary objective the legal protection of rights, the same that cannot be violated by the judges. It should be noted that fundamental rights are born with modern constitutions.