Trabajos de Titulación - Derecho
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- ÍtemAcceso AbiertoLa reconstrucción virtual de los hechos como medio probatorio en el derecho penal ecuatoriano y como medio para evitar la revictimización(Universidad Católica de Cuenca., 2024) Déleg Martínez, Daniela Sofía; Monsalve Robalino, Bernardo Xavier; 0107207888This research aims to demonstrate whether the virtual reconstruction of events can be used in Ecuadorian criminal law as solid evidence in criminal proceedings, focusing on theoretical foundations that significantly contribute to criminal law in Ecuador, thereby also assisting the victim and preventing re-victimization. To this end, it is necessary to analyze how new technologies can be a valuable tool to provide greater credibility to the evidence presented by the prosecution; the Judge or Tribunal would have a better evidentiary assessment due to the arguments presented, as these would closely align with reality. It is also expected to significantly benefit the victim, as they would not have to provide testimony continuously. The research will be conducted through a qualitative approach, which is vital for understanding the analysis and interpretation of the legal, academic, and jurisprudential texts used, focusing on a comprehensive understanding of the subject matter. The results were satisfactory, as all the reviewed documentation indicates that the virtual reconstruction of events progressively reveals how the act occurred. It is no longer just a static image where the Judge must imagine what happened; on the contrary, it is a series of moving images that depict the reality of the event. In conclusion, this expert evidence would significantly contribute to Ecuadorian Criminal Law once properly regulated and legislated.
- ÍtemAcceso AbiertoLa vigencia de la boleta de apremio prevista en el COGEP frente al principio de interés superior del niño, niña y adolescente(Universidad Católica de Cuenca., 2024) Sócola Martínez, Iris Abigahil; Sánchez Zambrano, José Santiago; 1105985319The validity of the writ of constraint as established in the Organic Code of General Procedures is confirmed when the obligation to pay alimony is fulfilled or within 30 days if it has not been executed. In this regard, it is necessary to consider the scope of the right to alimony and the basis for the obligation to cover it. Based on this foundation, this paper develops an analysis of the impact of the validity of the writ of constraint concerning the principle of the best interests of the child and adolescent. This study examines how the validity of the writ of constraint can negatively affect the well-being of children and adolescents who are beneficiaries of the right to alimony and proposes possible solutions to address this issue from a legal and social perspective.
- ÍtemAcceso AbiertoLa naturaleza como sujeto de derecho con base en la cosmovisión andina(Universidad Católica de Cuenca., 2024) Pacheco Borja, Josué Sebastián; Moreno Morejon, Fernando Patricio; 0103959193In 2008, Ecuador became the first country in the world to recognize nature as a subject of right. A popular election to change the 1998 constitution that was in force until that moment, largely gave way to recognizing what, until that moment, especially the indigenous peoples of Ecuador were looking for. However, its recognition at the constitutional level was not enough, since over the course of these 15 years the urgent need to create more legal and parallel regulations has become evident so that there is a legal legal framework where there are no ambiguities, especially when we integrate more requirements. universals such as Sumak kausay as a way of life for indigenous peoples and nationalities and even more so, when we seek for man, nature and their environment to coexist from an Andean Cosmovision. During this time, there are no known cases in which judicial authorities have acted rigorously to prosecute or penalize those responsible for actions against nature as a subject of law. Perhaps because in some way, they do not have that legal framework to identify and punish those responsible for acts that must be punished within true and effective environmental justice. With this article I intend to encourage and motivate the authorities and those concerned to consider the need to articulate the true rights of nature with complementary legal norms. It is also my desire that these regulations to be taken into account encompass more universal considerations, as is the case of the Andean World Vision. Although this is evident implicitly and tacitly in the constitution and in certain regulations that have been created in parallel, it is no less true that in law there cannot be ambiguities that later generate the impossibility of executing sanctions if there is no clear and precise legal framework.
- ÍtemAcceso AbiertoProyecto de Titulación embargado con fines de publicación de impacto.(Universidad Católica de Cuenca., 2024-09-27) Viñan Tacuri, Karen Daniela; Mora Bernal, Adriana Elizabeth; 0105230775
- ÍtemAcceso AbiertoAnálisis jurídico del impacto de las medidas socioeducativas frente a los delitos graves cometidos por menores infractores en el Ecuador(Universidad Católica de Cuenca., 2024-09-27) Siguencia Vanegas, Kevin Fernando; Monsalve Robalino, Bernardo Xavier; 0302352471The Socio-Educational Measures Model in Ecuador was born as a response to the social problems of criminal offenses committed by minors. It must be taken into consideration that this model was established in the Children and Adolescence Code. However, with the latest reforms to the law in 2024, it is currently established in the Integral Organic Penal Code in the Book V. On the other hand, it is essential to emphasize that when dealing with minors who have committed crimes or contraventions sanctioned in Ecuadorian criminal regulations, there is a particular procedure for the application of the Model since the legal figure in charge of guiding the judicial procedure is the Specialized Judge in Children and Adolescence, who must prevent the violation of rights, as well as guarantee that the best interests of minors are ensured and apply sanctions that are following the principle of proportionality. Regarding the Model, the principles of general and special prevention must be taken as a fundamental basis since these, in a timely manner, help to create legal awareness in society and, in turn, influence adolescent offenders, helping them in their correct personal and educational development so that their social and family reintegration is facilitated.
