Derecho
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Item El derecho a la libertad de expresión: análisis del caso radio pichincha universal(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-21) Bucheli Escobar, Karen Mishell; Vargas Villacrés, Borman RenánThe right to freedom of expression is a fundamental element within society, it guarantees that there is a fair and balanced democracy in the different countries, so that the population when exercising this right can express themselves freely about the different events, being a right enshrined in the Constitution of the Republic of Ecuador, it is guaranteed and safeguarded by the State, which ensures that there will be no reprisals when exercising it. There are international organizations that protect this right, even cataloging it as fundamental for individuals. Therefore, the objective of the research is to carefully analyze the national regulations in Ecuador such as conventions and treaties issued by international entities that safeguard freedom of expression, in addition to analyzing an emblematic case in the country "Radio Pichincha Universal". For this reason, the qualitative methodology was used, employing an analytical, explanatory approach, based on secondary sources to obtain information on the subject. Through the investigation, it is concluded that despite the fact that Freedom of Expression is a fundamental human right and is enshrined in regulations such as the Constitution of the Republic of Ecuador and international regulations, it has been violated not only by the Ecuadorian State but even by other countries, since in some way citizen opinion does not benefit the government in power, thus generating reprisals towards the media with the aim of closing them down and not allowing them to disseminate their opinionsItem Rol de la justicia indígena Ecuatoriana en los casos de extorsión en la Parroquia Toacaso(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Torres Silva, Marilin Mishel; Vargas Villacrés, Borman RenánIndigenous justice has been a fundamental part of the life of indigenous communities since colonial times, based on customary law and ancestral traditions. In Ecuador, its importance and recognition have been reflected in the 2008 Constitution, especially in Article 171, which guarantees the jurisdictional functions of indigenous authorities to resolve internal conflicts according to their own rules and procedures, being crucial to understand how indigenous communities deal with crimes such as extortion within their jurisdiction. The objective of this research is to analyze the application of indigenous justice in extortion cases in the Toacaso parish, in order to understand the role it plays in the resolution of these cases. For this purpose, a qualitative methodology was used, employing descriptive, documentary or bibliographic research and field research. Data collection was carried out through interviews with indigenous authorities of the Toacaso parish and experts in the field. The results of these interviews revealed that indigenous justice focuses on reintegration and community harmony, using sanctions ranging from public apologies to economic compensation and symbolic physical punishment, in the same way they will act in extortion crimes even though this crime has not been known and resolved by the indigenous authorities before. In conclusion, indigenous justice has mechanisms to resolve any type of crime, but murder is not part of these mechanisms. In the case of the lynching of two alleged extortionists in the community of Plancha Loma, Toacaso parish, the indigenous authorities did not intervene in the lynching, so this fact cannot be attributed to indigenous justice since this justice system must guarantee the protection of human rights enshrined in the Magna Carta and international instrumentsItem La responsabilidad objetiva del estado y el error judicial en el derecho de repetición(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Pallo Carrasco, Kevin Alain; Acosta Morales, María GabrielaThe purpose of the research is to analyze the relationship between the objective responsibility of the State for judicial error and the right of repetition, where the objective responsibility of the State and the judicial error in the right of repetition constitute a topic of great relevance in the contemporary legal field. It is crucial because it addresses the way in which the State assumes responsibility for errors committed in the judicial sphere and how these affect citizens regardless of age. For this purpose, teaching tools were used that focus on various scenarios such as types, methods, sources, techniques and instruments that will support while determining the population and the sample of the research to which it is directed, which also details the materials used, where we worked with a sample of 7 people, which allowed us to know that judicial error is seen in two types: attributable to people, professionals or not, and to the legal system due to loopholes or exceptional procedures. They can be de facto or de jure. While the right of repetition is a civil action that the State exercises against public servants for fraud or serious negligence in their duties. It arises when the damage repaired is due to your actionsItem Derecho a una vida digna, y el acceso a una vivienda en el cantón Tisaleo(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-02) Lopez Fiallos, Bryan Miguel; Saca Balladares, Melinton FernandoThis research titled; “Right to a decent life and access to housing in the Tisaleo canton” revolves around a specific social problem in a specific geographical sector, which is located in the province of Tungurahua in the Tisaleo canton. The issue involves two rights contemplated within the Constitution of the Republic of Ecuador, (2008), this is the right to a dignified life and the right to access to housing, being essential rights for the wellbeing of the population within the entire country. State. The problem identified within the investigation lies in the Tisaleo canton, in terms of compliance with the necessary procedures to obtain construction permits by the Municipal Autonomous Government of the Tisaleo Canton, which would allow them to access the right to adequate housing and that generates access to collateral rights such as the right to access drinking water and basic services. The methodology applicable to the research was Analytical-Descriptive, since a broad doctrinal analysis of constitutional and Descriptive rights is presented regarding the internal administrative processes managed by the Autonomous Municipal Government of the Tisaleo Canton for the granting of municipal construction permits. , to present a contrast of the legal regulations versus the application within the established canton. It should also be noted that the research was bibliographic and field in order to collect real statistical data linked to the research problemItem La defensa profesional del artista Ecuatoriano y el principio de alternabilidad de los funcionarios de FENARPE (Federación Nacional de Artistas(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-01) Zapata Córdova, Luis Marcelo; Poaquiza Poaquiza, Ángel PatricioThe present investigation is of importance to treat it because it intends to determine the application of the principle of alterability in the law of professional defense of the Ecuadorian artist, it is current since the artistic union is a group in legal defenselessness and little visible for the benefits that the state provides to other organized societies, in addition to being novel, the investigation into the background of the same, the law under investigation has already been submitted to the authorities for consideration but without any favorable response since it has gone unnoticed, those in charge of monitoring it are the artists themselves represented by the national federation of professional artists of Ecuador and in its capacity the legal representative which should tend to make this proposal effective but such is the comfort of certain leaders that they are not interested in the growth of the union members and artists in general and that do not lose this title by ceasing to belong to an institution, it is determined how the Principle of alternability affects the application of the law of professional defense of the Ecuadorian artist, this investigative work welcomes the approach: critical - propositive of a qualitative and quantitative; quantitative because the information that was submitted to statistical, qualitative analysis was collected, its line of investigation is induction by constitutional law and cultural law, it is concluded that what is based on this investigation is the lack of interest of the state in protecting the legal good represented in art.Item El Derecho a la Libertad Sexual y su Incidencia en el Desarrollo Integral de los Niños, Niñas Y Adolescentes: Análisis de la Sentencia No 13-18 Cn/21(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09) Vaca Aldás, Juan Andrés; Espín Meléndez, María CristinaThe decision of Constitutional Ruling No. 13-18 CN/21, which allows minors under 14 years of age to consent to sexual relations, has generated debate and concern as to whether they have the necessary knowledge about their sexual freedom and whether this could jeopardize their rights and integral development. This study focuses on children and adolescents, who are considered a priority group according to the Constitution of Ecuador. The judgment establishes an exception for those over 14 years of age who can consent a sexual act, which raises possible violations of their rights and development. The impact of this research falls on Ecuadorian society, which is governed by a constitution that guarantees rights, especially for minors between 14 and 17 years of age. The research topic raises the dichotomy between integral development and sexual freedom, considering the lack of appropriate maturity in such a young person to consent sexual relations. Constitutional Ruling No. 13-18 CN/21 allows those over 14 years of age to consent sexual relations, which could avoid possible penalties for adolescent offenders, but on the other hand opens the possibility that there may be more impunity in sexual crimes involving minors since they can vitiate their consent through power relations, blackmail or by buying their testimony.Item Derecho a la integridad personal de niños, niñas y adolescentes y las redes sociales en el Ecuador(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-10) Falcón Tapia, Cristian Santiago; Jordán Buenaño, Janeth ElizabethThe work carried out below is responding to a broad need that society, people and the state have as a regulatory body of the law of the countries, for the protection of the members that comprise it. The state as such is obliged to defend the rights of the people who conform, as stipulated in the Constitution of this Republic, being that it is a Constitution that defends the rights and that also contemplates within it the fixed attention to the groups that They need a mayor focus of attention, such as priority attention groups where the rights of girls and adolescents are, which were the starting point for the research carried out. Where various issues that have not been analyzed in depth and that need to be corrected are neglected, since it changes into a social and material problem for the priority care group mentioned above. Social networks are the current link between the societies of different countries, but in the same way it is so flexible that they have a detrimental and obvious element of people's rights, and as it is in this case of girls, boys and adolescents, so the direction of this thesis is focused on putting the social and legal effects that this type of global practices have on the forefront.Item Derecho a la integridad personal de niños, niñas y adolescentes y las redes sociales en el Ecuador(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-09) Falcón Tapia, Cristian Santiago; Jordán Buenaño, Janeth ElizabethThe work carried out below is responding to a broad need that society, people and the state have as a regulatory body of the law of the countries, for the protection of the members that comprise it. The state as such is obliged to defend the rights of the people who conform, as stipulated in the Constitution of this Republic, being that it is a Constitution that defends the rights and that also contemplates within it the fixed attention to the groups that They need a mayor focus of attention, such as priority attention groups where the rights of girls and adolescents are, which were the starting point for the research carried out. Where various issues that have not been analyzed in depth and that need to be corrected are neglected, since it changes into a social and material problem for the priority care group mentioned above. Social networks are the current link between the societies of different countries, but in the same way it is so flexible that they have a detrimental and obvious element of people's rights, and as it is in this case of girls, boys and adolescents, so the direction of this thesis is focused on putting the social and legal effects that this type of global practices have on the forefront.Item El manejo de los residuos electrónicos y el derecho de la reparación integral al ecosistema en el Ecuador(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-09) Zambrano Delgado, Kimberly Nathaly; Jordán Buenaño, Jeanette ElizabethEnvironmental pollution is a problem of global interest, due to its excessive growth that has been harming the normal development of life on the planet. The present research work aims to carry out an analysis of the environmental impact caused by electronic waste(e-waste) in Ecuador. For this reason, different scientific and legal texts were analyzed on the environmental damage caused by the inappropriate use of electronic devices and the polluting chemical materials they contain, for the environment. Through the study of international judgments and declarations it was found that nature requires more attention in detail as far as comprehensive reparation is concerned. In addition, through citizen surveys and interviews with environmental professionals, it has been found that the procedures and treatments they give to e-waste are not adequate, with the result that, the citizenry considers e-waste as common garbage, while environmental managers adopt alternative treatment processes to fill the regulatory vacuum that exists regarding the management of electronic waste in the country. Despite the existing constitutional support and environmental protection, this is a problem that requires relevant attention and action. Finally, it is emphasized the importance of the State and the Decentralized Autonomous Governments in generating plans, manuals, protocols and sanctions to make viable and implement projects for effective treatment in the recycling of this waste, establishing a dignified and real environmental comprehensive repair, this in accordance with the constitutional and environmental precepts invoked by Ecuadorian norms.Item La reparación integral y el delito de femicidio en el Ecuador(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-09) Marín Mora, Cristina Nicole; Acosta Morales, María GabrielaViolence against women is one of the social and political problems that require the most attention in the region. The increase of femicide cases, coupled with a lack of interest from the State in addressing this problem, encourages the development of studies and proposals to break the discourse of permanent impunity that has permeated society and has given way to the constant violation of the human rights of girls and women. The inquiries presented in this work aim to investigate the right to Integral Reparation in cases of femicide in Ecuador, to achieve this, the methodological path was taken from a descriptive and empirical level through the application of the quali-quantitative method; this will be developed through the application of surveys and interviews that guide the fulfillment of the different purposes of this investigation. By the aforementioned, the level of knowledge possessed by both practicing law professionals, and prosecutors and judges of criminal guarantees have about the investigated topic, was revealed. The nature of the study required a research area framed in the field of Public Policy, Law and Society; therefore the proposal has an effect upon the adequacy of a monitoring system of jurisdictional decisions regarding Integral Reparation for indirect victims of Femicide, allowing to determine that the fulfillment of the described right is not guaranteed as it should be.