Trabajos de Titulación - Derecho
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Item type: Ítem , Access status: Acceso Abierto , Análisis dogmático y normativo de la imputación objetiva y la autoría en accidentes mortales por vehículos autónomos en Ecuador(Universidad Católica de Cuenca., 2025) Pacheco Coca, Mauricio Vladimir; Monsalve Robalino, Bernardo Xavier; 0106508146This research addresses the doctrinal and normative challenges posed by criminal charges in fatal traffic accidents caused by autonomous vehicles in Ecuador. The study is based on the observation of a structural gap between technological evolution and the response of criminal law, whose traditional categories—based on conscious and voluntary human action—are insufficient in the face of artificial intelligence systems capable of autonomous decision-making and execution. The objective is to analyze the scope and limitations of objective imputation and criminal liability to identify potentially responsible parties and assess the adequacy of the current legal framework, particularly the Comprehensive Organic Criminal Code (COIP, by its Spanish acronym). The methodology used is qualitative, adopting a comparative and doctrinal approach, based on criminal doctrine, Ecuadorian legislation, and comparative law from Germany, Spain, and the United States. It is determined that the theory of objective imputation is the most suitable instrument for attributing responsibility in technological contexts. However, its lack of codification in the COIP generates interpretative gaps. Furthermore, it is observed that the limitation of the criminal liability of legal persons to intentional offenses prevents manufacturers, programmers, or operators from being held accountable in cases of negligence. The research concludes that technological evolution requires a restructuring of the legal system on more flexible and functional bases, incorporating objective imputation as a guiding principle and redefining the roles of guarantors in light of the risks created by artificial intelligence, to maintain consistency between legal protection and technological progress.Item type: Ítem , Access status: Acceso Abierto , El aborto por causal de violación en Ecuador: análisis jurídico-social del acceso y aplicación de los protocolos legales(Universidad Católica de Cuenca., 2025) Piedra Guamarrigra, Carlos Andrés; Monsalve Robalino, Bernardo Xavier; 0106394513This study examines abortion resulting from rape in Ecuador from a legal and social perspective in order to identify the main institutional, regulatory, and cultural barriers that prevent effective access, even though it is already legally established in Article 150 of the Comprehensive Organic Criminal Code (COIP, by its acronym in Spanish), and in Ruling 34-19-IN/21 issued by the Constitutional Court. This research reviews international human rights treaties, the foundations of criminal law doctrine, and constitutional principles, including equality, dignity, and non-discrimination, to establish a legal framework aligned with the State’s obligations. Furthermore, interviews with healthcare providers and legal professionals reveal that victims lack clear and precise protocols to ensure law enforcement, intensified by cases of excessive use of conscientious objection and a shortage of medical facilities in rural and indigenous areas, reflecting a structural gap between law and practice. The study proposes improvements to the COIP regarding procedures for accessing abortion in rape cases, constitutional harmonization to protect victims belonging to groups facing double vulnerability, and training for justice operators and medical personnel to ensure the effective implementation of the right. Ultimately, the right to abortion in cases of rape becomes effective when women’s autonomy is respected, institutions are aware, and inter-institutional coordination occurs within social realities.Item type: Ítem , Access status: Acceso Abierto , La aplicación de responsabilidad penal de personas jurídicas con base en el Artículo 49 del COIP ecuatoriano(Universidad Católica de Cuenca., 2025) Quituisaca Cabrera, Diego Fernando; Clavijo Vergara, Andrés Santiago; 0150493922This research analyzes the criminal liability of legal entities in Ecuador, based on the provisions of Article 49 of the Comprehensive Organic Criminal Code. Although this figure represents progress in the fight against new forms of crime, its application is ineffective due to several factors, such as dogmatic, regulatory, and institutional limitations. From a dogmatic perspective, there is evidence of tensions with principles and concepts of traditional criminal law, such as conduct and culpability, among others, which were created and have evolved to be applied to natural persons. From a regulatory standpoint, Article 49 lacks clear definitions and does not establish sufficient criteria for consistent and rights-based prosecution. Likewise, there are several obstacles in practice due to the lack of training among justice operators, limited inter-institutional cooperation, the absence of case law, and the weak implementation of compliance programs. These factors have an impact on the social and economic spheres.Item type: Ítem , Access status: Acceso Abierto , Análisis de la existencia de requisitos de los títulos de ejecución en el Código Orgánico General de Procesos(Universidad Católica de Cuenca., 2025) Carrión Lima, Evelyn Karina; Sánchez Urgiles, Washington Andrés; 0150633782This research aims to analyze the requirements for enforceable titles in Ecuador’s General Organic Code of Procedures (COGEP, by its acronym in Spanish), identifying the main regulatory gaps and deficiencies that impact their practical application. Through an in-depth study of the provisions in the General Organic Code of Procedures and a comparative analysis with legislation from other Latin American countries, the aim is to propose reforms that enhance clarity and legal certainty in the use of these legal instruments. The results of this research highlight the need to establish more precise and detailed regulations for enforceable titles, ensuring a fairer and more effective application of the law in enforcement proceedings. Lastly, a reform of Article 347 of the COGEP is proposed, aimed at unifying the categories of enforceable titles and executory titles –except for final judgments and other strictly judicial instruments– to provide the procedural system with consistency, clarity, and efficiency. This reform would strengthen effective judicial protection and prevent classification errors that currently occur in enforcement proceedings (National Court of Justice, 2021).Item type: Ítem , Access status: Acceso Abierto , Estudio de las causales de terminación unilateral en los contratos administrativos conforme el Art. 94 de la LOSNCP(Universidad Católica de Cuenca., 2025) Ortega Jiménez , Franklin Marcelo; Roldán Cali , Wilson Geovanny; Crespo Crespo, Miguel Agustín; 0104892286; 0150065910This research paper analyzes the grounds for unilateral termination of administrative contracts in Ecuador, in accordance with Article 94 of the Organic Law of the National Public Procurement System (LOSNCP, by its acronym in Spanish). The study begins with a conceptual and doctrinal analysis of public procurement and administrative contracts, establishing their essential elements, principles, and characteristics within the Ecuadorian legal framework. The stages of the preparatory, pre-contractual, and execution contractual procedures are examined to understand the administrative dynamics that govern public management. Based on this, the concept of unilateral termination is addressed in detail, identifying the causes that motivate it, such as contractor default, unjustified suspension of work, or economic insolvency, among others, as provided by law. The methodological approach combines normative analysis with a review of relevant case law, highlighting how the public administration’s power to terminate contracts must be duly justified and comply with the principle of legality. Lastly, the research concludes that the correct application of this mechanism guarantees the protection of the general interest, transparency in the management of public resources, and a balance between the powers of the State and the rights of contractors, thus consolidating an efficient and legally secure public procurement system.Item type: Ítem , Access status: Acceso Abierto , Límites jurídicos al derecho de propiedad en el contexto de promesas de compraventa(Universidad Católica de Cuenca., 2025) Ulloa Castro, Eddie Alexander; Carrasco Loyola, Juan José; 1400816045This research analyzes the legal issues arising from the failure to register the promise of sale agreement for real property in the Property Registry Office under Ecuadorian law. Although the promise of sale agreement constitutes a preliminary contract that creates obligations to perform, its lack of registry publicity places the promissory buyer in a vulnerable position regarding the risk of double sales, the creation of encumbrances, or conflicts with third parties acting in good faith. Unlike other Latin American legal systems, such as Colombia and Mexico, which have implemented mandatory or voluntary registration mechanisms with enforceable effects, Ecuador maintains a regulatory gap that undermines legal certainty and confidence in real property transactions. The study conducts a historical and doctrinal analysis of the contract and the contract of sale, examines the essential requirements of the promise of sale agreement, and evaluates its legal effects, particularly in relation to third parties. In addition, interviews with experts show that notarial and judicial practice acknowledge the need to strengthen buyer protection. Finally, the study proposes moving toward legal reforms, improved notarial practices, and preventive contractual mechanisms that guarantee stability, transparency, and legal certainty in preliminary real estate agreements in Ecuador.Item type: Ítem , Access status: Acceso Abierto , Responsabilidad penal por la difusión de imágenes íntimas no consentidas generadas con inteligencia artificial en Ecuador(Universidad Católica de Cuenca., 2025) Calles Cadena, Vinicio Alejandro; Granja Rosero, Eduardo Alejandro; Hidalgo Palacios, José Felipe; 1400714422Artificial Intelligence (AI) technologies have completely transformed the way images are created and shared, posing a significant challenge for criminal law. Today, anyone can produce a deepfake or deepnude that looks completely real, even without an original photograph. This affects essential legal rights such as privacy, image, and dignity, as these fake intimate images spread quickly, damage reputations, and expose individuals to digital violence that is often invisible yet just as serious as physical aggression. The problem is that Ecuadorian criminal law is not prepared to address this phenomenon. The Comprehensive Organic Criminal Code (COIP, by its Spanish acronym) requires the existence of a real image to punish the dissemination of intimate content, leaving victims of AI-generated synthetic images unprotected. Applying these behaviors by analogy is also not feasible, because it would violate the principle of legality. This creates a regulatory gap that encourages impunity and complicates the work of prosecutors and judges. While countries such as Spain, the United Kingdom, and several U.S. states already have specific regulations in place, Ecuador still lacks a clear legal response. This makes it urgent to reform criminal law to incorporate these new forms of digital violence and ensure that dignity and privacy remain protected in the technological era.Item type: Ítem , Access status: Acceso Abierto , Condiciones de precariedad laboral en trabajadores de plataformas digitales en la ciudad de Cuenca periodo 2023-2024: un análisis jurídico post-covid-19(Universidad Católica de Cuenca., 2025) Galarza Macao, Mercy Geomara; Carpio Flores, Luis ManuelIn Cuenca, the expansion of jobs on digital platforms as a result of the pandemic and the COVID-19 health crisis has meant a radical change in the labor market. The dynamic is a mix of technology and flexibility, providing convenience for consumers who can access these platforms comfortably and safely from anywhere in the city. It has also created new opportunities for unemployed people. This type of employment boomed since the health crisis and has continued to date under the same conditions. However, this scenario hides precarious working conditions that need to be questioned and resolved, as there are unfair conditions for employees who work under this modality, and the effectiveness of the Ecuadorian legal system in labor matters is key to addressing this. This is the reason why this research examines the working conditions of employees associated with digital applications during the years 2023-2024, studying in detail the relevant legal gaps that limit their recognition as subjects entitled to basic labor rights.Item type: Ítem , Access status: Acceso Abierto , Análisis de la motivación en sentencias de acción de protección en el cantón Cuenca durante el 2024(Universidad Católica de Cuenca., 2025) Guamán Alvacora, Lady Thalía; Pinos Jaén, Camilo Emanuel; 0350082525This study examined the guarantee of motivation in protection actions judgments issued in Cuenca during 2024, within the framework of Ecuador’s constitutional state of rights and justice. It aimed to determine whether the judges of the Provincial Court of Justice of Azuay properly applied the standards of motivational sufficiency set by the Constitutional Court, which require proper normative and factual justification, along with an analysis of rights violations. Methodologically, a mixed approach was employed: both theoretical and empirical. In the theoretical stage, the inductive-deductive method was used, based on a review of doctrine and case law, while in the empirical stage, 97 appeal judgments were analyzed, selected through a probabilistic sample from a total of 258 proceedings. The data were organized and statistically analyzed to identify the argumentative criteria and the adequacy of the judicial reasoning. The results showed that most judgments referenced regulations, but many lacked thorough factual and constitutional analysis. It was also observed that chambers handling the heaviest caseloads provided lower-quality arguments. The research concluded that judicial reasoning remains a structural weakness of the Ecuadorian judicial system. Therefore, it is important to enhance training in constitutional argumentation and improve mechanisms for quality control of judgments.Item type: Ítem , Access status: Acceso Abierto , El régimen de tutela y la responsabilidad de cuidado para los animales de compañía como sujetos de derechos en relación al divorcio en Ecuador(Universidad Católica de Cuenca., 2025) Landy Pacheco , Melanie Geovanna; Calle Masache, Nube Catalina; 0105714430This research examines guardianship and caregiving responsibility for companion animals during divorce proceedings in our country. The goal is to analyze how the absence or lack of such provisions in Ecuadorian law violates the rights of companion animals when their caregivers’ marriages are dissolved. This study employs a qualitative methodology, using a legal-logical-deductive approach, analyzing concepts, doctrines, and both national and international regulations. It also adopts a comparative legal approach by examining international laws and regulatory experiences in countries like Spain, Portugal, and Argentina. According to the results, despite Ecuador’s notable progress in protecting animals, including companion animals, there remains much to be improved legally to promote animal welfare. Compared to other countries, Ecuador lacks specific regulations aimed at fully protecting companion animals during divorce proceedings. These regulatory gaps and shortcomings prevent the rights of companion animals to be protected or cared for from being realized, leading to a violation of their actual protection and welfare.Item type: Ítem , Access status: Acceso Abierto , La influencia de la presión mediática en la independencia judicial en los procesos penales en Ecuador.(Universidad Católica de Cuenca., 2025) Vallejo Delgado, Juan Sebastián; Monsalve Robalino, Bernardo Xavier; 0150715787Judicial independence guarantees that Ecuadorian judges resolve legal cases in accordance with the Constitution and the law, without interference, external pressures, or political or economic interests. However, in high-profile criminal proceedings, the performance of the media, whether traditional or digital, has become an element capable of undermining the judicial case and citizens' discernment of judicial decisions. The cases of high public interest detailed show that media pressure coincides with sensitive judicial proceedings, such as the formulation of charges or the resolution of the sentence. In this context, negative media coverage can influence a particular case, creating perceptions of bias or partiality, to the extent that they even prejudge the decision that belongs solely to the judge, even when the decision is in accordance with the law.Item type: Ítem , Access status: Acceso Abierto , Insuficiencia de las facultades del curador ad-litem como garante de los derechos de los menores en el código civil ecuatoriano(Universidad Católica de Cuenca., 2025) Baculima Jaramillo, Anthony Sebastián; Calle Masache, Nube Catalina; 0107906943This paper focuses on the legal figure of the curator ad litem, aiming to determine whether Ecuadorian legislation currently plays an effective role in guaranteeing the rights of children and adolescents, considering that the regulatory framework limits itself to outlining only its ultimate purpose and does not even address their powers, duties, or limitations —an omission that may lead to inefficiency in the performance of the role. Therefore, the hypothesis emerges that the curator for lawsuits functions merely as a formality, detached from the main criterion of a guarantor of rights. In light of this, the analysis focuses on examining theories that restrict constitutional rights, as well as the principle of the best interests of the child in divorce proceedings. To this end, the study draws on attorneys’ experiences gathered from their practical work in judicial proceedings and compares it with legislation that reflects significant advances in the application of this legal concept. Suppose it is determined that the failure to clarify the curator’s powers is the root cause of having a merely nominal curator, the study will compile best practices adopted in other legal systems that are susceptible to application in Ecuador, not only to identify legal problems but also to provide criteria for resolving them.Item type: Ítem , Access status: Acceso Abierto , El delito de violación en Ecuador: limitaciones normativas y su impacto en la judicialización de casos con agresoras femeninas(Universidad Católica de Cuenca., 2025) Galarza López, María Cristina; Monsalve Robalino, Bernardo Xavier; 0106265838This research, titled “The crime of rape in Ecuador: regulatory limitations and their impact on the prosecution of cases involving female perpetrators,” critically examines the wording of Article 171 of the Comprehensive Organic Criminal Code (COIP, by its acronym in Spanish) and the legal consequences derived from its formulation. In effect, the use of the governing verb “introduce” unduly restricts the perpetration of the crime to male subjects, creating regulatory gaps that prevent the equitable punishment of sexual violence committed by women and, therefore, violate the principles of equality, legal certainty, and effective judicial protection. From a qualitative approach, based on legal-dogmatic, hermeneutic, and socio-legal methods, the structure of the criminal offense and its correspondence with constitutional principles are analyzed, as well as the doctrinal and jurisprudential evolution of the crime of rape, in which, through comparative law, the legislative models of Spain, Colombia, the United States, and Germany are compared, all of which have adopted a gender-neutral approach based on consent as an essential element of the criminal offense, showing that the Ecuadorian legal system maintains a patriarchal and biologicist approach that excludes women as possible perpetrators, which generates under-classification of behaviors and inequality in criminal protection. The study proposes guidelines for a possible reform that redefines Article 171 of the COIP to redefine rape from a perspective of autonomy and consent, thus guaranteeing effective and equitable protection of sexual freedom in accordance with international human rights standards.Item type: Ítem , Access status: Acceso Abierto , Derechos sexuales y reproductivos de las mujeres, un análisis de la viabilidad jurídica respecto a la donación de gametos en Ecuador(Universidad Católica de Cuenca., 2025) Avilés Castillo , Joseline Andreina; Torres Montaleza, Daniela Alejandra; Vallejo Cárdenas, Paola Priscila; 0106722952This research analyzes the legal feasibility of gamete donation in Ecuador from a gender perspective, covering different ethical, legal, and human rights criteria. It focuses on the challenges arising from the regulatory vacuum surrounding sexual and reproductive rights in assisted human reproduction techniques and the implications this has for rights. Through a legal-doctrinal study, national and international regulations, international treaties, doctrine, and jurisprudence were analyzed to identify regulatory deficiencies and their direct impact on the effectiveness of women's sexual and reproductive rights. The analysis also reveals how the lack of regulation of gamete donation as an Assisted Human Reproduction Technique directly affects the legal security of both gamete donors and recipients, raising another ethical debate that encompasses issues such as filiation, personal data protection, and others. Consequently, the establishment of clear and specific regulations guaranteeing women's full autonomy to make decisions about their sexual and reproductive lives should be considered a fundamental necessity that, if properly developed, would contribute to strengthening the Ecuadorian legal framework and represent a significant step forward in its development, as it would be aligned with international human rights standards and norms.Item type: Ítem , Access status: Acceso Abierto , La protección laboral reforzada de las mujeres embarazadas - Análisis integral del despido ineficaz en el derecho ecuatoriano(Universidad Católica de Cuenca., 2025) Bustos García, María Paz; Carpio Flores, Luis Manuel; 0107249781This research examines the constitutional and legal framework governing the legal concept of null and void dismissal of pregnant women in Ecuador, focusing on the principle of employment tenure and enhanced labor protections. The first section reviews the historical and regulatory background of workplace maternity protections, beginning with the recognition of women’s right to work as a response to social inequalities of the time. Ecuadorian law has progressively recognized maternity protections, culminating in the 2008 Constitution, which explicitly designates pregnant women as a priority group. The second section offers a comprehensive review of national and international laws that clarify the principle of employment tenure for pregnant women, emphasizing the State’s obligation to implement measures ensuring equal opportunities and treatment at work, and to prevent unjustified dismissals related to pregnancy. The third section discusses the principle of enhanced labor protection, which considers pregnant women as a vulnerable group and grants them special legal status, requiring measures by both employers and the State to ensure their job stability and overall well-being. Therefore, this study concludes that strengthened labor protection serves as safeguards against wrongful dismissals.Item type: Ítem , Access status: Acceso Abierto , El desafío jurídico de regular las plataformas de pronósticos deportivos en Ecuador(Universidad Católica de Cuenca., 2025) Salinas Quishpe, Anderson Carlos; Culcay Villavicencio, Iván Patricio; 0604759191Digital sports betting platforms within the Ecuadorian legal framework face the absence of a specialized technical body and specific provisions for licensing, oversight, and consumer protection, which generates significant risks of tax evasion and market manipulation. Therefore, this paper seeks to analyze the legal gaps and risks as a basis for the application of legal guidelines aimed at strengthening, supervising, and protecting consumers, through a qualitative analysis that explains the current Ecuadorian legal framework, doctrine, and jurisprudence from a regulatory perspective on digital sports betting platforms. In addition, a comparative analysis of the regulatory models of Colombia, Spain, and Malta is used in relation to the Ecuadorian legal framework to recommend actions to be taken from a legal perspective to strengthen legal guidelines for regulating sports betting platforms in Ecuador.Item type: Ítem , Access status: Acceso Abierto , Vacíos legales y responsabilidad civil en el arrendamiento de corta estancia: análisis crítico y comparado de Airbnb y Booking en Ecuador(Universidad Católica de Cuenca., 2025) Vera Cervantes, Brigith Anahí; Robles , Paúl Andrés; 0107286866This research examines the legal gaps and civil liability framework in short-term rentals managed through digital platforms such as Airbnb and Booking in Ecuador. The main objective was to identify weaknesses in the current regulatory system and propose guidelines for comprehensive regulation. A mixed-methods approach was used, combining a comparative legal analysis of regulatory models in Spain and Portugal, 56 surveys conducted with landlords and tenants, and semi-structured interviews with key stakeholders in the sector. The results reveal a high level of informality, a significant lack of awareness of the existing regulations (54% are unaware of the rules), and a prevalence of conflicts (36%), mainly related to property damage and non-payment. It is concluded that the absence of specific legislation generates legal uncertainty. Therefore, there is an urgent need to enact a law that establishes clear civil liabilities, implements a mandatory registry, defines tax obligations, and strengthens consumer protection mechanisms to ensure fair competition and safeguard rights.Item type: Ítem , Access status: Acceso Abierto , El derecho al olvido: análisis de su aplicabilidad en la supresión de datos personales en el sistema SATJE(Universidad Católica de Cuenca., 2025) Pazmiño Carvajal , Briana Natsumi; Mora Bernal, Adriana Elizabeth; 1401242415This thesis analyzes the right to be forgotten and its applicability in the deletion of data in the Ecuadorian Automatic Judicial Processing System (SATJE, by its acronym in Spanish), with a primary focus on Resolution 043-2024 of the Judicial Council, issuing the Regulations for the Processing of Personal Data in Judicial Proceedings. It develops concepts and the evolution of personal data, as well as its relationship with rights, such as privacy, reputation, honor, and personal data protection in Ecuador, in conjunction with legal mechanisms, such as modification, rectification, concealment, elimination, cancellation, objection, and restriction of processing. Through a qualitative approach, based on doctrine, regulations, and analysis through Resolution 043-2024, it was analyzed whether the established mechanisms are sufficient to guarantee the right to be forgotten. Although this Resolution marks a regulatory advance in personal data protection, there are gaps in its requirements and procedures, preventing it from fully guaranteeing the right to be forgotten. Consequently, it is concluded that it is important to strengthen each of these processes to protect legal certainty and the protection of personal data.Item type: Ítem , Access status: Acceso Abierto , Control de convencionalidad: análisis de la aplicación de estándares internacionales en la sentencia 1072-21-jp/24 esclavitud moderna en Furukawa(Universidad Católica de Cuenca., 2025) Wilches Aguilar , Camila Alejandra; Cárdenas Santacruz, Juan José; 0107339574This research analyzed the scope of the application of conventionality control exercised by the Constitutional Court of Ecuador in Judgment No. 1072-21-JP/24 (Furukawa Case), within the context of modern slavery. The objective was to evaluate the integration of international human rights standards developed by the Inter-American Court. The central hypothesis was that this application allowed for the effective incorporation of international standards, thereby strengthening the Ecuadorian judicial system's capacity to provide broader protection against state omissions. The study adopted a qualitative-legal approach, leading to the conclusion that the Court applied the Convention Control partially, yet decisively. Although the integration of certain treaties was limited, the ruling represented a significant advance in Ecuadorian judicial practice by applying the prohibition of slavery as a peremptory norm (ius cogens) and the pro persona principle. This ruling set a precedent for interpretation and underscored the State's obligation to prevent and respond to exploitation.Item type: Ítem , Access status: Acceso Abierto , Análisis de la falta de normativa en la telemedicina en Ecuador: implicaciones éticas y legales y su impacto en el marco legal vigente(Universidad Católica de Cuenca., 2025) Urgiles Salinas, Ximena Marilu; Piedra Jaramillo , Santiago Patricio; 0103161022The paper examines the regulation of telemedicine in Ecuador, its legal and ethical implications, and the country’s lack of robust regulations. Technology, as a transformative tool in medical practice, facilitates the provision of remote healthcare services through digital tools. The paper also analyzes the context of telemedicine in Ecuador and compares it with developed countries such as the United States and Canada, which already have established regulations that guarantee the protection, safety, respect, and quality of services. The analysis examines existing laws in Ecuador, such as the Organic Law on Personal Data Protection, which do not specifically regulate telemedicine, leaving regulatory gaps that limit the potential of telemedicine. The right to health, the principles of the Ecuadorian Constitution, and international agreements are analyzed, and the analysis is limited to telemedicine and how regulations can ensure ethical and legal practice. Ecuador needs to pursue efficient regulation of telemedicine to safeguard personal data protection, ensure informed consent of patients, and implement these services effectively and within legal frameworks to defend the right to health in an efficient and accessible manner.
