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Examinando Derecho por Asesores "Arévalo Vásquez, Carmen Elizabeth"
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- ÍtemSolo MetadatosLa organización delictiva y su incidencia en la crisis carcelaria en Cuenca -2021(Universidad Católica de Cuenca., 2023) Tacuri Loayza, Karla Samantha; Arévalo Vásquez, Carmen Elizabeth; 0105864631Currently, the Ecuadorian prison system is going through a serious crisis, impossible to be controlled, so this research focuses on determining the possible causes of the prison crisis and incidence of organized crime in the province of Azuay, Cuenca canton in the year 2021. For this purpose, the qualitative method was followed, using doctrine, jurisprudence, scientific databases, gathering information to determine the problems that the prison system and social rehabilitation of Ecuador suffer from. The bibliographic review revealed that the crisis in prisons is the effect of political problems and lack of structural-administrative state organization, as well as failed legal policies. It was determined that pretrial detention is a precautionary measure of last resort that is not being duly applied, since alternative measures indicated in the law are not taken into account, especially in cases of minor offenses. One of the most relevant results obtained is that violence between members of criminal gangs in prisons is originated to obtain power, imposing fear and terror through the violent death of inmates of opposing gangs. Finally, it is concluded that the State must have better equipped and organized penitentiary structures, guaranteeing the security and rights of persons deprived of their liberty; in addition, it must modify the sentences for minor crimes, applying alternative measures, as well as separate inmates according to the seriousness of the crime, and improve internal control to avoid the formation of mafias.
- ÍtemSolo MetadatosLa Reparación Integral Y Las Prácticas Judiciales En Delitos De Violación En La Ciudad De Cuenca.(Universidad Católica de Cuenca., 2023) Pelchor Castro, Christian Andrés; Arévalo Vásquez, Carmen Elizabeth; 0105254197Comprehensive reparation is a right of the victims in criminal proceedings that includes their comprehensive and timely care. It originates from international criminal law, where victims of crimes against humanity were repaired. This right encompasses various mechanisms that enable the victim to be repaired according to the harm suffered. The objective of this investigation was to analyze comprehensive reparation and judicial practices in cases of rape in the city of Cuenca. The methodology used in this research was based on a qualitative approach, as the análisis of criminal sentences provided by the Azuay Judicial Council revealed non-compliance with this right. Factors such as conviction, reparation, and execution methods were considered. In other words, the right to comprehensive reparation is not strictly fulfilled according to criminal regulations, as it does not specify how these reparation mechanisms will be carried out. These mechanisms are very limited or are based on monetary compensations that do not satisfy the victim. Out of the seven analyzed sentences, in four of them, the victims were not provided with the necessary support and timely follow-up they should have received for this offense. Ultimately, it is necessary for judges, when determining reparation, to establish effective mechanisms that enable victims to pursue their life projects as if they had never been violated in any of their rights.
- ÍtemAcceso AbiertoRevictimización en el delito de violación dentro de la etapa de instrucción fiscal(Universidad Católica de Cuenca., 2022) Idrovo Ochoa, Andrea del Cármen; Arévalo Vásquez, Carmen Elizabeth; 0105388403; Ordoñez Carpio, Fernando EstébanThe right to non-revictimization is intended to protect the passive subject throughout the criminal process, safeguarding their human dignity and personal integrity, especially in the prosecutorial investigation stage, in which elements of conviction are obtained and evaluated. Nonetheless, if not promptly guaranteed, a form of psychological violence is exercised resulting from marked institutional negligence affecting victims' rights, especially those vulnerable, such as children and adolescents, people with disabilities, and women, due to gender violence. The aforementioned justify the urgency of effectively protecting them. Thus, this research aimed to determine whether the right to non-revictimization is guaranteed or, contrary, violated due to the absence of effective guidelines or regulations to protect it. For this purpose, a qualitative approach was used, through the systematic method, in order to study secondary revictimization and its adverse effects. In turn, the case study method was applied by analyzing processes of the crime of rape that occurred in the city of Cuenca in 2018. With these data, the violation of the right in mention was demonstrated, despite international, constitutional, and legal norms regulating it, evidencing the urgency of adopting parameters that allow its respect and the correct development of the process, based on the principle of equality of the procedural parties. Nevertheless, does the State have sufficient economic resources to fund it? It will depend on the answer to this question to implement them.