Jurisprudencia y Ciencias Sociales
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Item Liderazgo directivo y satisfacción de las necesidades prioritarias de los adultos mayores(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Trabajo Social, 2025-05-01) Pilco Chango, Washington Javier; Ortiz Díaz, MarceloThis research aimed to determine the relationship between managerial leadership and the satisfaction of the priority needs of older adults in a foundation. The results revealed that the satisfaction of the needs of older adults is positively correlated with authoritarian and democratic leadership styles, with authoritarian leadership showing the most significant correlation (r = 0.378, p = 0.001). This finding suggests that a structured leadership style, which offers clarity and stability in management, contributes significantly to the well-being of older adults. On the other hand, democratic leadership also showed a positive relationship, although more moderate (r = 0.246, p = 0.037), indicating that participatory approaches can favor satisfaction, especially when older adults are included in decision-making. Liberal leadership, on the other hand, did not present a significant correlation, suggesting that excessive flexibility and autonomy in management are not ideal for this group, since older adults require clearer and more structured direction. This study highlights the importance of leadership styles in caring for older adults, highlighting that more authoritarian and democratic models can improve the management of their needs. Furthermore, the results are complemented by previous research that highlights deficiencies in the implementation of public policies and the lack of accessibility in health services for older adults, which highlights the need for efficient directive leadership. It is recommended to strengthen leadership training to improve the care and satisfaction of this vulnerable group. Likewise, collaboration between different institutions must be encouraged to design more effective public policies in the care of older adults.Item 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 GabrielaIdentity 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.Item El Reglamento Interno de Trabajo y sus efectos jurídicos en la relación contractual de trabajo(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-04-01) Toasa Vásquez, Alexis Ismael; Masabanda, Galo IvánThe disciplinary regime is a means to maintain the harmony and balance of workplaces, generated from the incorporation of the Internal Regulations in a workplace. Consequently, the internal labor regulations are an instrument that allows workers to be sanctioned if they fail to comply with disciplinary acts established by the employer. However, employers of small and medium-sized workplaces maintain harmonious control so as not to impose sanctions in case of worker indiscipline; Despite this precept, Ministry of Labor inspectors require employers to have internal work regulations so that they implement a mandatory disciplinary regime. Therefore, the objective of this investigation is to establish what are the legal effects caused by the labor inspector's requirement to have work regulations for private workplaces. To do this, the approach used is exploratory, starting from an analytical study, analyzing the regulatory body in order to extract statistical data through a quantitative and qualitative method. Being in a line of research on Public Policies, Law and Society, to identify the applicability of current regulations. The population benefiting from this research are private sector workers; The sample taken for the investigation is the various private sector labor centers based in the Latacunga canton, province of Cotopaxi and legal professionals with knowledge of labor matters. The main result is that in most cases labor inspectors are violating their own work, functions and powers as established by the Labor Code, that is, they are not fully complying with the law. Concluding that labor inspectors put the disciplinary regime of workers at risk so that they are sanctioned without it being a necessary measure on the part of the employer.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 Políticas públicas de control al comercio justo y los derechos económicos de los productores lecheros(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-28) Ramírez Álvarez, José Rodrigo; Espín Meléndez, María CristinaThis research addresses the challenges faced by small dairy producers in Ecuador, including low commercialization prices, unfair competition, and limited access to fair markets. Despite existing public policies and regulations aimed at promoting fair trade, their impact on the economic sustainability of the sector has been minimal. The main objective was to analyze fair trade public policies and their influence on the economic rights of producers, identifying strategies to improve their economic conditions and promote equity in the dairy sector. The methodology combined qualitative and quantitative approaches, including document reviews, structured surveys, and statistical analysis. This approach evaluated producers' perceptions and assessed the impact of public policies on their income and sustainability. Results showed that 80% of respondents believe public policies have not improved their economic conditions. Key challenges include high production costs (28%) and limited market access (22%). The most demanded measure was technical training (28%). The main conclusion is that current public policies are insufficient to address the structural issues of the sector. A key recommendation is to strengthen fair trade policies through technical training, economic incentives, and improved market access, ensuring equitable and sustainable impacts for small producersItem Observación jurídica de los derechos laborales y equidad salarial en el sistema educativo público y privado ecuatoriano(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-28) Jiménez Moreira, José Jacinto; Masabanda Analuisa, Galo IvánThe central theme of this research project is “LEGAL OBSERVATION OF LABOR RIGHTS AND WAGE EQUITY IN THE ECUADORIAN PUBLIC AND PRIVATE EDUCATION SYSTEM”. It examines the situation of teachers, focusing on the differences between both sectors. The main objective is to evaluate compliance with regulations such as the Organic Law of Public Service (LOSEP), the Labor Code and the Organic Law of Intercultural Education (LOEI), in addition to identifying inequalities that may impact the professional development and quality of life of teachers. The research would focus on the need for a deeper understanding of salary gaps and challenges in the enforcement of labor rights, given that salary equity is a fundamental aspect of ensuring fair and dignified working conditions for all educators. Through surveys and interviews, information is collected on salaries, labor benefits and perceptions of equity, as well as teachers' experiences and opinions are explored for a detailed analysis of their working conditions. The expected results are intended to highlight salary inequities and challenges in the application of labor rights, thus providing a more complete understanding of the current situation in the Ecuadorian educational environment. It seeks to generate recommendations that will guide decision-makers in the development of more equitable labor policies, benefiting teachers, educational institutions and the system as a whole. This analysis not only aims to point out areas for improvement in remuneration policies and working conditions, but also to offer a comprehensive perspective that includes the challenges and opportunities for advancing towards greater labor equity in Ecuadorian education. It is hoped that the study will promote greater awareness and awareness of salary differences and working conditions for teachers, encouraging dialogue between the public and private sectors and regulatory agencies. In this way, it is intended to lay the groundwork for concrete recommendations to strengthen labor rights and contribute to greater equity in the education system.Item El órgano instructor en casos disciplinarios en las IES y el principio de calidad educativa(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-28) Jácome Reyes, Elvis Olmedo; Romo Santana, José LuisThe administrative sanctioning process within Higher Education Institutions has the power to establish sanctions regarding the commission of administrative infractions, through the application of internal regulations, that is, the University Statute and also with the application of the Investigative Body in relation to disciplinary processes, as its main function is to investigate and resolve cases related to infractions to the internal norms and regulations of the institution, in this way the present investigation focuses jointly with the application of the principle of educational quality to determine a sanction proportional to the acts committed within the institution, thus ensuring that academic and administrative processes are carried out efficiently and in an environment of respect and equity. The existence of an effective and transparent Investigative Body is crucial to maintain this principle, in addition to allowing to regulate, supervise and establish a balance between the sanction imposed and the acts committed, in addition to limiting the action in correlation to the sanctioning power that higher education institutions have in accordance with their national and internal regulations. The present research conducted adopts a mixed approach aimed at ensuring the application of the principle of educational quality, considering that the actions of public administrations should be based on the implementation of policies and guidelines that ensure an effective service. The purpose of determining the application of the principle of educational quality in the disciplinary procedures that are initiated for offenses committed by students of the UTA of the Faculty of Jurisprudence and Social Sciences, is to strengthen the legal procedures that are applied ensuring that they comply with the constitutional and legal parameters regulated for the exercise of the sanctioning power of public entities, the objective of the research is to comply with the guarantees and principles of due process and propose projects of reform to the internal regulations of the disciplinary regime. In this way, the present study follows a line of research on social and educational behaviorItem La Inteligencia Artificial y la Mediación; Implicaciones Jurídicas Desafíos y Oportunidades(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-28) Gómez Ordoñez, Irvis Paul; Jordán Buenaño, Jeanette ElizabethMediation worldwide is incorporated as an alternative method for conflict resolution in the legislative bodies of different countries, to a greater or lesser extent. The objective of this research is to determine the legal implications, challenges and opportunities of artificial intelligence in mediation, as an alternative method for conflict resolution. It was held in Ambato, Tungurahua. The theoretical framework includes the review of different materials and publications indexed in reliable databases. To analyze the current state of artificial intelligence (AI) and mediation, surveys were applied to the population and lawyers, in addition to interviews with judges and mediators. For information processing, segmentation by thematic axes was applied, through a grid. The results obtained reveal various legal implications, several challenges and opportunities that, without distinction, include that society recognizes mediation as an extrajudicial process to resolve disputes. Likewise, the recognition by judges, lawyers and mediators of the advantages of mediation, and the convenience of using AI in its execution, is very favorable. There are no regulations that regulate the application of AI in mediation. It is concluded that in Ecuador mediation is not used in all possible areas; The preparation of mediators and the culture of peace are insufficient to reduce litigation. The relationship of AI, in the resolution of conflicts, is incipient and the accelerated changes that this technology undergoes, forces us to permanently review its application. Consequently, the development of information programs for society on the benefits and advantages that mediation offers in support of the administration of justice is recommended; improve the technological infrastructure, to assimilate the changes associated with the use of AI, in the mediation processes, coupled with the constant preparation and training of the specialists in charge of its application. In Ecuador, specific laws must be enacted that regulate the use of AI, including regulations that regulate the application of AI in mediation, for conflict resolution.Item La Prisión Preventiva en el Delito de Apropiación Fraudulenta por Medios Electrónicos(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-28) Galarza Mayorga, Miriam Raquel; León Trujillo, Edisson SantiagoPreventive detention constitutes a precautionary measure aimed at ensuring the defendant's appearance and the enforcement of the sentence. In cybercrimes such as Electronic Fraudulent Appropriation, its application becomes particularly relevant due to the transnational nature of these crimes, which facilitates the evasion of justice by offenders. Furthermore, preventive detention is an exceptional measure; therefore, its application requires strict necessity and compliance with legal requirements to avoid arbitrariness. The objective of this research is to discuss the application of preventive detention in the crime of Electronic Fraudulent Appropriation. This study is framed within an explanatory investigation, employing a qualitative approach primarily supported by a bibliographic-documentary analysis. Consequently, this work falls under the research line of public policy, law, and society. The main finding is that the application of preventive detention in the crime of Electronic Fraudulent Appropriation depends on the particularities of the case, considering the transnational nature of the offense and compliance with the legal requirements established in Article 534 of the COIP. Interviews conducted with judges in the canton of Ambato revealed that the imposition of preventive detention requires a comprehensive legal analysis. This measure does not depend on the severity of the crime but rather on the requirements established in Ecuadorian law. In the case of fraudulent appropriation, a critical factor is the procedural risk involved in this crime. Therefore, to meet its purpose, it would be feasible to impose a precautionary measure of preventive detention. Since this crime may acquire a transnational nature, a tool that can aid in the proper development of the process is the Red Notice. Accordingly, it is concluded that preventive detention is essential in handling the crime of Electronic Fraudulent Appropriation. However, its application must adhere to rigorous criteria of proportionality, necessity, and suitability, in compliance with domestic regulations and international human rights standardsItem Descentralización Administrativa y eficiencia en la Gestión Pública en la ciudad de Ambato(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-28) Guaigua Rivas, Sebastián Jonathan; Vargas Villacrés, Borman RenánFor the development of this research, the objective was to analyze the impact of administrative decentralization on the efficiency of public management in the city of Ambato. Normative documents such as the Organic Code of Territorial Organization, Autonomy and Decentralization (COOTAD) and the Constitution of Ecuador were analyzed, using digital recorders and software to transcribe and analyze interviews with officials. Specialized literature on administrative decentralization and public management was also consulted. The methodology was qualitative, involving interviews with four key officials in Ambato. The data were transcribed and coded, identifying patterns and categories, and the legal framework was reviewed to contextualize the findings. Among the main findings, it is highlighted that administrative decentralization has brought public management closer to the specific needs of the population, improving the capacity of the Autonomous Decentralized Governments (GAD) to make more contextualized and timely decisions. However, this autonomy has not always been supported by an adequate allocation of financial and technical resources, which has limited the efficiency and coverage of public services. It is recommended to implement adjustments in the normative framework to ensure a more equitable and adequate distribution of financial and technical resources.