Jurisprudencia y Ciencias Sociales
Permanent URI for this communityhttp://repositorio.uta.edu.ec/handle/123456789/892
Browse
62 results
Search Results
Item La evolución de los derechos de los animales domésticos en el Ecuador: estudio comparativo con la legislación española y colombiana(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Verdesoto Naranjo, Ambar Tais; Espín Meléndez, María CristinaEcuador has been a pioneer in granting nature a status of subject of rights, intrinsically including animals, thus, the 2008 Constitution marked a milestone by creating a regulatory framework with great impact on animal protection, likewise, the Law Organic Animal Welfare (LOBA) regulates the treatment and protection of domestic animals, however, such legislative bodies still face a number of challenges. In contrast, Spain has an innovative legal framework regarding the protection of animals, likewise, its autonomous communities have powers to create their own laws that safeguard the integrity and dignity of animals, this due to the high positive influence of the European legal system, which has promoted higher standards of animal welfare. Likewise, Colombia has presented a significant evolution in terms of animal law, recognizing animals as sentient beings and establishing severe sanctions in case of mistreatment. This is how this research work revolves around "THE EVOLUTION OF THE RIGHTS OF DOMESTIC ANIMALS IN ECUADOR: COMPARATIVE STUDY WITH SPANISH AND COLOMBIAN LEGISLATION" since, although the protection of domestic animals has been progressively strengthened In the legal and social area in the world, this investigative work analyzes the evolution of these rights in the Ecuadorian state, comparing it with the legislation of Spain and Colombia, with the purpose of identifying advances, challenges and proposing improvements based on viable practices. For this, an exploratory study supported by the qualitative method is applied because it is based on a bibliographic review to conclude with a statistical study that allows quantifying the number of the population that conceives domestic animals as part of the family and society, in addition to verifying their reliability with respect to the Ecuadorian laws focused on safeguarding the rights of animals in the Ambato Canton, resulting in a considerable number of individuals who consider domestic animals as fundamental members of their family nucleus; likewise, there is evidence of a significant number of people surveyed who have little reliability in Ecuadorian animal protection laws, concluding that, although there is revealing progress in terms of culture and regulations with respect to animal rights, there are still various aspects that the state and the society must perfectItem La responsabilidad del estado por afectación de la Naturaleza: caso minería ilegal de la Provincia de Napo(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Galarza Mullo, Marco Alexander; Saca Balladares, Melinton FernandoThe case of the State's responsibility for the affectation of nature due to illegal mining in the province of Napo, Ecuador, highlights the legal and environmental challenges that arise when economic interests collide with environmental conservation. Napo, a region rich in biodiversity and natural resources, has been affected by illegal mining, which has caused environmental damage such as mercury contamination of rivers and deforestation of forested areas. The main discussion revolves around the responsibility of the Ecuadorian State in the protection and preservation of the environment. It is questioned whether existing policies and regulations have been adequate to prevent and control illegal mining, especially in vulnerable areas. Lack of effective law enforcement and insufficient regulation have allowed these illegal activities to persist, exacerbating the negative impacts on the natural environment and local communities that depend on it. The case underscores the need for the State to assume responsibility for environmental damage caused by third party activities. It emphasizes the importance of strengthening monitoring and control systems, as well as improving institutional capacities to ensure effective compliance with environmental regulations. The implementation of remediation and compensation measures is proposed to mitigate environmental impacts and restore the ecological balance in the affected areas. Thus, according to a qualitative approach methodology, through the search for information and jurisprudence related to the case studies, it was determined that in Napo the importance of public participation and the crucial role of environmental organizations and local communities in the surveillance and protection of natural resources stand out. Civil society plays a fundamental role in denouncing illegal activities and promoting sustainable practices that harmonize economic development with environmental conservationItem El Sistema de Educación Intercultural Bilingüe y el Derecho a la Educación de los niños, niñas y adolescentes de la comunidad indígena de Chibuleo(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-02) Flores Colina, Geidy Estefania; Vargas Villacrés, Borman RenánThroughout history, members of different indigenous peoples and nationalities have been oppressed, marginalized, and exploited. For decades, their most basic rights were denied, and after several social struggles and protests, this social group achieved the vindication of their rights. However, even today, there are many aspects that need to improve for this social group to achieve true material equality. Regarding the right to education, it must be remembered that, for decades, this social group was trapped in a traditional and homogenizing educational model. With the Constitution of 1945, the right to education of this social group would be greatly benefited with the creation of the Bilingual Intercultural Education System. However, even today, 78 years after the creation of this new educational model, there are large gaps that need to be closed for this social group to fully enjoy their right to education. The present research project constitutes basic research, with an exploratory methodology and a qualitative approach. And through the collection of information from primary and secondary sources, it has been possible to determine as the main result of this research project that the bilingual Intercultural Education System, through the Bilingual Intercultural Millennium Educational Intercultural Education System, through the Bilingual Intercultural Millennium Educational Unit of Chibuleo, helps to guarantee the right to education of the children and adolescents od this indigenous community.Item Servicios de apoyo y atención de los hijos menores de edad de las mujeres privadas de libertad(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-02) Lalaleo Cóndor, Vanesa Monserrath; Paredes Chiluisa, Tanya GiocondaIn the world a variety of public policies have been created, which are recognized as an instrument of transformation for society that tend to act on the behaviors of human beings, this in order to meet and provide solutions to the required demands, which is why they are identified as a set of instruments, tools and decisions that give direction to an action aimed at achieving certain objectives that can ensure the welfare of society as a whole. In the case of public policies in the Ambato penitentiary center, they have long insisted on a gender equity orientation and inclusion of minors regardless of cultural conditions and societies, which is why the focus of this research is centered on one of the main rights of minor children of women deprived of liberty and which is relevant to the development plan, which states that to achieve a dignified life for all, It is extremely necessary that the justice system be efficient, especially for persons deprived of liberty, this with a rights-based approach that promotes training processes, as well as conditions of dignified coexistence for the centers of deprivation of libertyItem Pobreza menstrual y Salud Pública(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Trabajo Social, 2024-02) Verdezoto Aguilar, Johana Nathalye; Haro Lara, Aida PatriciaMenstrual poverty is a term that refers to the lack of access to menstrual hygiene products, adequate infrastructure, basic services such as drinking water, sewage, and privacy itself. By not being clear about the origin of menstruation, society has been creating its own concepts around it, which translates into the perpetuation of beliefs and, with this, the attribution of negative characteristics to menstruation. Thus, menstruation begins to be analyzed from the perspective of public health, demonstrating the gender gaps in the care of problems related to menstruation and generating negative consequences for the physical and psychological health of women. From the perspective of social work, the line of research is social exclusion and integration, with the objective of determining the influence of menstrual poverty on public health. In a population of 337 female students of the Chillanes Educational Unit, through the application of the finite formula, a sample of 181 women was reached. Using a quantitative approach, an instrument consisting of 44 questions with a Likert-type scale was designed and subjected to an analysis of validity by expert judgment and reliability by means of Cronbach's alpha. In this way, it was determined that menstrual poverty influences public health. In addition, after studying the dimensions studied, the lack of knowledge, the physical and psychological affections of menstruation, and the problems in accessing adequate menstrual management were evidentItem Los derechos de la naturaleza y la aplicación del derecho de restauración en los conflictos ambientales(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Maestria en Derecho Constitucional, 2023-08) Aroca Rivadeneira, Ricardo Paúl; Vayas Castro, Guillermo SantiagoThe present titling work Development Project modality has as general objective: "To legally investigate the application and complexity of the right of restoration in environmental conflicts in cases with emblematic sentences in rights of nature", the same development several topics in the chapter II, inquired about the Right to nature, the Sumak Kawsay where this concept is explained in the different constitutions of South America. To then identify that Nature is a subject of rights, that is, it has all the rights enshrined in the constitutional norm. It was also inquired about environmental restoration that seeks to repair environmental damage. In addition, the state of the art was complemented with topics related to research such as restoration, rehabilitation, remediation, mitigation, topics related to the right to nature, adding both the constitutional regulatory framework and specific regulations. The present work analyzes the right of restoration in environmental conflicts, especially in the two cases with emblematic sentences in rights of nature, for which those selected by the Ombudsman's Office in 2020 were taken as a reference, in which presented a series of complexities due to various factors that were developed in chapter IV, to conclude with chapter V in which both the conclusions and recommendations were developed, thus understanding that the right of restoration in environmental conflicts must establish clear objectives and achievable for environmental restoration, which the judges must understand and understand that nature is one more subject, it must be emphasized that the present investigation sought texts by both Dr. Ramiro Ávila and Ecuadorian authors, comparative and international norms, scientific articles and others.Item La Propiedad Privada de los Bienes Inmuebles sin Título Justo y la Justicia Social(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-03) Núñez Coca, Christian Vinicio; Masabanda Analuiza, Galo IvánThe investigation entitled private property of real estate without fair title and social justice arises from the need to know the difficulties that are generated at the time of the regularization of real estate, in terms of equity and social justice, by virtue of which the investigative objective is channeled into analyzing the guarantee of the right to private property of real estate that lacks property title, in compliance with social justice in Ecuadorian legislation, for such a process a systematic review of the bibliographic or theoretical background was generated. , doctrinal and legal in reference to the subject. In reference to the methodology, the quantitative approach was used, which is based on the measurement of the characteristics of social phenomena; in reference to the methods used were inductive method, deductive method, analytical method; while the information collection technique was the survey itself that was addressed to 73 people in reference to the study variables and the results revealed that it is important to generate a systematization of the processes of regularization of private property of real estate. , which ensure compliance with human rights in all contexts and thus be able to generate equity and social justice in the urban and rural environment of the city of Ambato. in such a way that it is concluded that it is important that the instances in charge of said regularization must generate the necessary strategies to delineate integral processes in the communityItem Conflictos vecinales: fomento de una cultura de paz en las parroquias rurales del cantón Ambato(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-09) Landa Chancusig, Sharon Vanessa; Masabanda Analuiza, Galo IvánThe Constitution of the Republic of Ecuador (2008), guarantees without any type of distinction the full enjoyment and enjoyment of the rights enshrined in the Magna Carta, being so, in the article. 3 numeral 8 mention is made that the State will do everything possible to live in harmony and develop in a culture of peace; in the same way enshrined in the Universal Declaration of Human Rights article 1, referring to the fact that everyone in society must fraternize to live in dignity and rights. To the aforementioned, it is essential to identify if in the rural parishes of the Ambato Canton there are neighborhood conflicts, information that will be collected through the different techniques and data collection tools exposed in this investigation and detect what are the types of conflicts to decipher what they are. resolved or by what methods or legal regulations. And if at the same time its inhabitants make use of mediation to solve them. Knowing that maintaining peace is synonymous with rejecting any conflict or whatever derives from it, that is, using the Organic Comprehensive Criminal Code and legal channels as little as possible, in exchange for community mediation to create ties of brotherhood between inhabitants and parish councils; consecrated and recognized as alternative means of conflict resolution to arbitration and mediation article 190 of the Magna Carta (2008). It is known that in different parishes and communities they maintain their different ways of resolving conflicts: some rudimentary, others not rudimentary and in some cases that are directly attached to the legal system in order not to violate fundamental rights, which does not mean that other faster and more efficient measures cannot be adoptedItem El concurso de acreedores y su incidencia en el sistema financiero de la provincia de Tungurahua(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-09) Sánchez Puchaicela, María Fernanda; Vayas Castro, Guillermo SantiagoThis research focuses on the insolvency proceeding or also known as the insolvency trial towards debtors who do not have assets to cancel the debt acquired with the creditor, in addition to involving both parties, debtor and creditor directly in a social environment of great financial and economic importance. But we must emphasize that this bankruptcy law is not a matter of great study so that in our country instead of having an advance in its development linked to society as well asregulatory has been having a stagnation followed by a path of regression which could lead to a social problem. And not trying to find a solution before declaring the insolvency of the debtor both the real and personal rights that each person has would be seriously affected, such as the rights of the creditor, but it would not be the only affectation because if this begins to occur on a larger scale the entities that are those who give these credits will be increasingly demanding in terms of giving loans for lack of commitment at the time of canceling. Therefore, this would lead to a problem in the future by not duly protecting the credits, as well as the recovery of debts by the creditors, because the obligations between the two parties are not being fulfilled as agreed at the beginning of the credit granted, resulting in the law not being complied with and leaving the country at a judicial disadvantage and with a possible reductionof national and foreign investment to the Ecuadorian state.Item Visión a los derechos de las personas lesbianas gays bisexuales transexuales intersexuales en el sistema penitenciario ecuatoriano(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-06) Peña Sailema, Jéssica Samantha; Tite, RamiroIn recent years, the reality and socio-legal situation of sexual minorities has been distinguished; supervened by the systematized existence of violence and discrimination, which has been legitimized by society itself, for reasons of gender identity or sexual orientation. The theme of this research is directed to the study of the Rights of Intersex Lesbian Gay Bisexual Transsexual people in the Ecuadorian prison system.LGBTI people are shown as one of the most vulnerable groups from the perspective of rights, they become invisible subjects, victims of abuse, cruel treatment and social ostracism, which directly affects their personal integrity and holistic development. Through doctrinal and legal research, the living conditions and the situation of the rights of LGBTI people held in detention centers will be analyzed.For the methodological foundation, sources of information, methods and research techniques relevant to the development of the research were used, through the application of a survey to a selected group of legal professionals, LGBTI people and other interested parties related to the subject; allowed to respond to the objectives set, reaching the conclusions and recommendations that conjecture the purpose of this investigation.In this way, it is visualized that the Ecuadorian prison system, as it is currently conceived, only makes a difference between men and women, limiting and arranging social rehabilitation centers and pavilions for these two types of gender, but it does not consider people of other genders that coexist in society. In this sense, emphasis is placed on a prison system that manages inclusive and egalitarian social rehabilitation, considering sexual orientation or gender identity, with the purpose of safeguarding the freedom and individual rights of all persons deprived of liberty, including the group. of Lesbians, Gays, Bisexuals, Transsexuals, Intersexuals, in this way the perspective of gender and sexual diversity would be gradually incorporated in Ecuador.