Derecho
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Item Uso de la detención con fines investigativos y el menoscabo al principio del Debido proceso en el Caso Lex(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-04-01) Segura Pallo, Karla Daniela; León Trujillo, Edisson SantiagoThe legal figure called detention for investigative purposes established in the Comprehensive Organic Criminal Code (COIP) in the Republic of Ecuador, legally seeks to generate a procedure where the basic constitutional guarantees and rights are fulfilled, seeking the effective realization of justice. Therefore, the present investigative project seeks to demonstrate the use of this precautionary measure and its impact on the principle of due process, focusing on the "Lex" case. An innovative study of the regression towards an inquisitorial system that may be occurring in current judicial practice is introduced, a phenomenon that has not been sufficiently studied in Ecuadorian legal doctrine. In addition, it constitutes a novel scientific perspective by exploring how this legal figure, which should be a limited investigative tool, has become a way of violating constitutional rights of the persons investigated. For this, a methodological study of an explanatory type is applied, under a qualitative, casuistic, and analytical method that allows to demonstrate a distorted use of detention; In this sense, this investigative work is immersed in the line of research of “Public policies, law and society”. Which allows to have as main result that the precautionary measure of detention for investigative purposes violates the principle of due process, and subjects the detainee to undue pressure, which reflects a legal regression both in the Ecuadorian penal system and in human rights. Concluding that the application of detention for investigative purposes in effect undermines the principle of due processItem El interes superior del niño en la instancia judicial y en el procedimiento administrativo aplicado por la junta cantonal de proteccion de derechos del canton Ambato(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Rodríguez Jiménez, Nelson Sebastián; Espín Meléndez, María CristinaThe principle of the best interests of the child, together with the rights linked to this principle, are recognized by national and international regulations, from which they are granted a superiority and prevalence of the rights linked to this principle, in relation to the rights of other persons, however, it is not always fulfilled, given that a clash has been identified between the right to due process and the rights related to the principle of the best interests of the child, and this is why this research is of importance. Research carried out with the objective of identifying the incidence of the principle of the best interest of the child from the application of the administrative procedure for the protection of rights used by the Cantonal Board for the Protection of Rights of the Canton of Ambato and the consequent judicial instance. In this case, a quantitative-qualitative or mixed approach was implemented, with a casuistic method, with the application of interviews to Judges of the Judicial Unit of Family, Women, Children and Adolescents of Ambato as well as to Judges of the Cantonal Board of Protection of Rights of the same Canton, surveys to lawyers who know the subject, and, the analysis of sentences and resolutions; obtaining as results that 69. 1% of those surveyed consider that there is an affectation to the principle of the best interest of the child as a consequence of the sentences in which the nullity of the administrative process is declared, a fact contrasted from the different interviews made to Judges, who almost in their totality, kept the same criterion. Concluding that there is indeed a violation of the principle of the best interest of the child as a result of the declaration of nullity by means of an appeal sentence, which with its retroactive effect causes the members of the JCPD to carry out a new reserved hearing on the minor victims, generating their revictimization; this could be remedied by the compliance of the hearing of evidence in the administrative sphere and, in the judicial sphere, by the fact that the sentences with the declaration of nullity leave aside the proceedings that could generate this revictimizationItem Aplicación del Doble Conforme en materia Penal en torno al derecho a Recurrir en Ecuador, en base a la Resolución 04-2022(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-03) Pico Yanchaliquin, Joselyn Estefania; Romo Santana, José LuisThis research work is based on covering the special remedy of double jeopardy and the right to appeal as a guarantee that allows the accused to have a range of different mechanisms, or in this case a remedy that allows the defendant to defend himself in different instances, and the victim a remedy that allows to re-evaluate the evidence, so that the research addresses the criminal procedure law and therefore the due process and effective judicial protection with its guarantees. It is important to emphasize that the analysis of the special remedy of double jeopardy as a new remedy that begins to govern with the provisions of Resolution 04-22 of the Official Registry, seeks to guarantee and comply with the human rights that have been ratified by Ecuador, with the purpose that, under no condition, the accused are left in a state of defenselessness, it should be noted that it is mainly oriented to a person being convicted as guilty in two instances. The research intends to analyze the applicability and publicity of the special remedy of double jeopardy, for which the analysis of what is established by the Inter-American Court of Human Rights, in addition to the American Convention on Human Rights (Pact of San José), the International Covenant on Civil and Political Rights, ICCPR with respect to the right to appeal and what has been outlined by national and international authors on the subject, will also be used as support for the implementation of the objectives set outItem El cumplimiento del debido proceso en la aplicación de la justicia indígena en la parroquia tigua del cantón Pujilí provincia de Cotopaxi en el periodo 2020-2021(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-09) Vega Tigasi, Janeth Cecilia; Vargas Villacrés, Borman RenanThe Constitution of the Republic of Ecuador supports the culture, traditions and indigenous justice in our country based on Article 171 of this Magna Carta, thus guaranteeing the impartiality of justice and in turn the rights that indigenous peoples and nationalities possess, however, within this worldview there have been frictions with ordinary justice when there are decisions that have been taken within indigenous justice and have not been respected by ordinary justice, However, within this worldview there have been frictions with the ordinary justice when there are decisions that have been taken within the indigenous justice system and have not been respected by the ordinary justice system, as well as the lack of knowledge of the indigenous peoples regarding the guarantee of their rights, which has caused various conflicts within the communities, In this way, the present research project, through a thorough and detailed analysis of what indigenous justice is, intends to instruct and guide the indigenous communities on a procedure to execute what indigenous justice is and also to make known the competencies such as the indigenous authorities, the cabildos and the internal assembly of a community, with the purpose of rescuing the customs and values of the indigenous peoples and nationalities, Likewise, the research will allow to promote knowledge in the communities regarding the forms of punishment, regardless of the offense committed in the indigenous territory and to make known the impact caused by the correct adaptation of a due process in the causes or conflicts in indigenous territories, specifically in the Panzaleo culture of the province of Cotopaxi.Item Los actos administrativos y la motivación en el debido proceso como garantía constitucional en el sistema integrado de seguridad ecu 911 Ambato(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Comunicación Social, 2022-09) Ponce Molina, Edison Fernando; Montero Solano, Juan PabloThis investigative work entitled: "Administrative Acts And Motivation In Due Process As A Constitutional Guarantee In The Integrated Security System Ecu 911 Ambato", focuses mainly on the inalienable rights that belong to workers in a dependency relationship and where the levels hierarchical have the obligation to guarantee them by seeking a fairer and more equitable employment relationship; however, after an administrative act resulting from a breach by the worker where the worker in a dependency relationship is granted the right to defense, not having adequate regulations to motivate an administrative sanction, it is not guaranteed that the administrative act is a guarantor of inalienable constitutional rights and generates various inconveniences when requiring the worker to deliver a quality service to the citizenry. The current Ecuadorian legislation does not have an adequate regulation for the application of the motivation in the administrative acts; When the application of an administrative act arises, violations of its application are generated to require the public servant to provide a service. As it is considered a legal vacuum, it is currently considered that the lack of this figure in the application of the Administrative Acts would violate constitutional rights. For this reason, it is important for the State to realize the need for a regulation to motivate administrative acts where it can bind and guarantee the correct application of an administrative act that seeks compliance with the rights of citizens to receive a quality public service; as well as respect for the laws that are in force and the Constitution of the Republic of Ecuador. This research work tries to implement a regulation for the correct application of the Administrative Acts, with an adequate motivation within the due process, it will show a clear reduction of failed administrative acts lacking motivation and they would become applied acts that guarantee the provision of services. an effective public service to the citizenry respecting the rights of the workerItem Derechos de los contribuyentes y el acceso al debido proceso en las actuaciones tributarias del sistema ecuatoriano(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-05) Tovar Jácome, Stefania Jeanneth; Montero Solano, Juan PabloIn Ecuador, most citizens are direct or indirect taxpayers through different types of taxes, but they have had to face a slow, deficient and inequitable tax system that generates dissatisfaction. The objective of the study is to determine the relationship between the application of taxpayer rights with access to due process in the tax actions of the Ecuadorian system. The methodology is mixed qualitative - quantitative, bibliographic, descriptive and correlational, the study sample is 347 lawyers registered in the Lawyers Forum belonging to the province of Tungurahua. The technique used was the survey with its respective questionnaire with a reliability according to Cronbach's Alpha of 0.836. The findings establish that sometimes, qualified as a medium level, the SRI guarantees due process in tax actions, the results present the same response in all the items, thus the application of the tax action processes of the SRI, the fulfillment of the right to due process, the violation of the rights of the taxpayers is qualified at a medium level. The conclusions determine that the type of violations that have occurred in Ecuador are the inefficiency in the tax administrative procedures. In addition, the tax actions with the greatest risk of violating the right to due process are those in which taxpayers must be notified and informed about the start of control or inspection actions and the application of the terms of the law.Item El derecho a la defensa y el recurso de apelación en las contravenciones de tránsito no privativas de libertad(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2021-01) Núñez Diaz, Freddy Josué; Frías Raza, Sergio Edmundograduation work under the modality of Research Project entitled "THE RIGHT TO DEFENSE AND THE REMEDY OF APPEAL IN TRANSIT INFRINGEMENTS THAT ARE NOT DEPRIVED OF FREEDOM". Its purpose is to protect the legal security of people who guarantee due process in the judicial system and that their right is not violated by the application of the appeal in a sentence determined by a judge at the time of determining their responsibility. The right to defense is a legal instrument used by State institutions and enshrined by the Constitution in all legal proceedings so that it complies with the dissipations of this code without violating the legal security of people within a process that prevails their rights and responsibilities such as the case of drivers who are subject to traffic violations, so they have 3 days to make a challenge for an alleged violation committed and therefore at the time of the hearing request an appeal when it is not fully demonstrate the evidence or evidence that makes it responsible or not at the time the judge determines a sentence against the affected persons, when considering this type of remedy it does not give sufficient legal guarantee and it is there where it makes it impossible for said persons to apply this recourse so you are affected by the loss of points on your driver's license and the mu Economic lta that generates all traffic offenses typified in the Comprehensive Organic Criminal Code, so this reduction would prevent you from having your documents up to date, such as the renewal of your points on the driver's license and the payments that are subject to cancellation due to the fine that generates all custodial or non-freedom violations. We understand by right to defense the right that all people have within a legal process recognized by the Constitution, our Magna Carta which prevails and is permanently above and in the laws of our country. During the development of this project, issues of great importance in the constitutional and criminal area will be discussed, a clear and concrete idea of the constitutional principle such as the right to defense, inherent to every person who has a legal procedure in our country.Item Nulidades en la prueba penal y el debido proceso(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2020-07) Constante Alvarez, Katya Lizbeth; Tite, Ramiropresent investigation work will demonstrate through a critical legal analysis and at the same time the intervention of the administrators of justice, the problem that brings the Annulments in the Criminal Evidence and the Due Process, germinates the need to find a solution for the correct application of the constitutional norm, so that in this way there is no breach of the fundamental guarantees and the inherent rights of the human being, in our magna Carta, in the same way in international regulations it mentions the fundamental essence of the application of Due Process , here is the fundamental sieve for a correct procedure since if it is applied properly, and if there is an evaluative and adequate interpretation by the administrators of justice, there would be no Annulments in the Criminal Evidence, and therefore in the whole procedure, no let's leave aside the importance of the mandatory application of the principle of Legal Security case co In addition, the lack of constitutional regulations would be lost. Let us not forget a point of vital importance that the judgment of the administrators of justice is focused according to the varied circumstances of the different processes and procedures, on the subject under investigation and, therefore, being close to the problem, possible solutions and suggestions. The methodology applied will be Documentary Bibliography since an analysis of books, magazines, scientific articles will also be carried out in the field since we will go to interview the Fiscal Agents and Judges of the Province of Tungurahua, through their knowledge, and sound criticism we will analyze their criterion and the magnitude of the great importance of this topic to investigate.Item Delito de ataque o resistencia y la proporcionalidad de la pena(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2020-07) Mopocita Pasochoa, Karla Aurora; Pazmiño Vargas, Klever AlonsoThe proportionality of the penalty within the offense of Attack or Resistance Art. 283 COIP, is a subject of great social interest, because this is the type of illicit behavior in recent years has grown exorbitantly where at the moment in the that the judge issues condemnatory sentences does not exist a differentiation between the actions or results that This article is not related to the axioms, but also with the legal and doctrinal principles in which the penalty imposed by the state is mentioned, must be proportionality or equitable to the illicit act committed by an individual. In the development of the present investigation, we will study and consequently an analysis will be made in reference to; principle of proportionality, and its application within the area of criminal law, as well as, the approach, the response, compliance with the law, the qualification of this crime and the penalty that will be imposed on the president. . Both the international instruments and internal regulations, the accounts such as the Constitution and the Comprehensive Organic Penal Code for the handling of justification for fundamental rights, guaranteeing a process, a contradictory public hearing, as well as a sentence duly motivated and within this is a deprivation of liberty proportional to the illegal act against the government, without neglecting the social reintegration of a person in conflict with the law.Item Derecho a la defensa en el procedimiento directo en delitos de tránsito(Universida Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2020-02) Masabanda Paredes, Christian Patricio; Portero Castillo, Aracelly del RocioThe present investigative work has its origin in the rights violation suffered by people prosecuted for crimes of transit, when their right to defense in the Direct Procedure is aggravated; this type of procedure does not comply with all the procedural guarantees that must be guaranteed to the procedural subjects; noting that only the accusing party benefits. The methodology applied in the present investigation was field through the application of surveys to legal professionals, in addition to the collection of bibliographic data and the analysis of similar cases that have relevance at the national level. As the main conclusion of the investigative work, it was evidenced that in the granted term it is unlikely that all the elements of charges and defense will be known by the Office of the Prosecutor, so that the principle of objectivity that should be fulfilled will not be fulfilled. To exist in an accusatory system. The application of the Direct Procedure is obligatory whenever it is in the crimes considered in article 640 of Criminal Integral Organic Code, which entails that there is an inequality between the protected rights of the accused in an ordinary procedure and in the direct procedure.