- ÍtemAcceso AbiertoAnálisis de los límites de la justicia indígena en el Ecuador, desde el enfoque normativo y jurisprudencial.(Universidad Católica de Cuenca., 2023) Pacheco Galarza, Eddy Sebastian; Cárdenas Santacruz, Juan José; 0105598486This research aims to identify the established limits in indigenous justice in Ecuador from a normative and jurisprudential perspective. In order to achieve this, the historical, jurisprudential, and doctrinal evolution of indigenous justice in Ecuador has been determined. Jurisdictional and competence limits have been identified within the territory and their impact on applying indigenous justice. Finally, with the recognized limitations, the precise application of indigenous justice and establishment coordination and cooperation mechanisms between indigenous and ordinary jurisdictions have been analyzed. A descriptive method has been used to analyze indigenous justice practices in Latin America, focusing on Ecuadorian territory, based on the historical-legal process and the presence of legal pluralism in the Ecuadorian legal and social system. Similarly, the normative and jurisprudential bodies that have set precedents to establish the limits of indigenous justice have been identified. Finally, using the comparative method, sources of cooperation and coordination mechanisms have been identified through a close and contrasting analysis of the two types of justice. This study has focused its main point of conflict on the lack of jurisprudential, legal, and doctrinal limits between indigenous justice and ordinary justice. As a result, there is an evident lack of control mechanisms to regulate the practice of indigenous justice, leading to an increased violation of autonomy and self-determination rights. Additionally, indigenous justice is subordinated to ordinary justice, demonstrating the lack of limits between the two types of justice. This situation has slowed down of the justice system due to the inefficiency of the judicial function and the institutions of the ordinary justice system per se, thus meeting each of the specific objectives and the problem established at the beginning of the research.
- ÍtemEmbargoEl uso de la muerte cruzada por parte del ejecutivo para el aseguramiento de la estabilidad política ecuatoriana: caso ecuatoriano decreto ejecutivo 741(Universidad Católica de Cuenca., 2023) García Sánchez , Jhony Santiago; Muñoz Sánchez, Katty Rosalía; Cárdenas Santacruz, Juan José; 0107461816; 0705980969Introduction: Since the creation of the democratic states, the perseverance of their governability has been a topic of controversy when their different branches of power cannot work in synergy to safeguard the interests of the people. For this reason, legal mechanisms have been implemented with the aim of regaining governance when it is lost. In Ecuador, the concept of "muerte cruzada" (cross-death) has been used for this purpose, and we will analyze whether it is indeed a suitable approach within the country's context. Methodology: The inductive-deductive method was employed to analyze the socio-political situation in Ecuador at the time of the issuance of Executive Decree 741, within the framework of the Constitution and opinions from the Constitutional Court regarding "muerte cruzada." Type of Research: This research utilizes qualitative research, allowing us to gather and analyze relevant data on the subject, as well as opinions and perceptions from individuals with expertise in the field and the general public. Results: We have been able to demonstrate that the concept of "muerte cruzada" is undoubtedly a mechanism through which governance can be restored in a state when it has been undermined by socio-political factors. This allows citizens to have the ability to elect new leaders to complete a term. Conclusion: We have concluded that while the application of "muerte cruzada" in the Ecuadorian context is indeed a suitable mechanism for recovering governance in a fractured political system, the context in which the President of the Republic found himself raises doubts about whether this concept was employed for that purpose or if it was simply a strategy to avoid facing a political trial. General Study Area: Law. Specific Study Area: Constitutional Law.
- ÍtemAcceso AbiertoProcedibilidad de la garantía jurisdiccional de habeas corpus frente a la crisis carcelaria en Ecuador, año 2022(Universidad Católica de Cuenca., 2023) Pacheco León, Jorge Fernando; Moreno Morejón, Fernando Patricio; 0302155577The pragmatic reality of the Ecuadorian penitentiary system has given rise to the overflow of delinquency rates to almost unsustainable levels, due to the lack of effective control by the State, generating the formation of criminal gangs that have come to have better equipped and organized structures than the same control institutions such as the Police, even these mafias have influenced with their power the same police members who become key pieces to deactivate any anti-criminal action. It should be clarified that this type of organized crime has an internal structure of specific functions, so it is possible to think that there is a difference between violence due to the struggle for power in prisons, as well as violent death in these spaces; This includes a number of issues that need to be considered when talking about social rehabilitation centers in our country, starting with their role in the enforcement of sentences of people who have been deprived of their freedom and their rights have been violated. While there are state statutes and various procedural mechanisms to deal with inmates in a responsible manner, there are many more powers that are mainly beyond the state authority. The Ecuadorian prison system is going through a profound institutional crisis that is redefining the scope, limits and assumptions of social rehabilitation.
- ÍtemEmbargoAnálisis del uso progresivo de la fuerza dentro del ordenamiento jurídico penal ecuatoriano: un enfoque y equilibrio en los derechos de los agentes policiales(Universidad Católica de Cuenca., 2023) Chuisaca Arias, Edwin Patricio; Tapia Urgilez, Verónica Denise; Moreno Morejon, Fernando Patricio; 0107349177; 0107581092Ecuador, like many other countries, faces significant challenges in properly applying the progressive use of force by its police forces. Additionally, the lack of preparation of law enforcement officers to deal with sensitive and potentially dangerous situations is a growing concern. This has given rise to a number of problems and controversies. 1. Excessive use of force: In numerous incidents, the Ecuadorian police have been accused of using excessive force under no justified situations. This has resulted in citizens’ injuries and deaths; thus, sparking public outrage and protests. Lack of adequate training in control tactics and handling high-stress situations has contributed to this problem. 2. One of the main criticisms of the police in Ecuador is the lack of adequate educations and training. It is often argued that officers are not prepared to deal with sensitive situations, such as handling protests, respecting human rights, and investigating crimes.
- ÍtemAcceso AbiertoIncorporación de medios telemáticos para el cumplimiento del régimen de visitas en el código de la niñez y adolescencia(Universidad Católica de Cuenca., 2023) Pérez García, Daniel Andrés; Figueroa Guaman , Carlos Fernando; Culcay Villavicencio, Iván Patricio; 0104796651; 0105171839The visitation regime or visitation rights is the legal figure that allows communication and contact between the non-custodial parent and the child. The purpose of this regime is to safeguard the child's integral development. Still, due to different situations, this regime can be affected and, in this way, cause other adverse effects on the parent-child relationship. To prevent this from happening and to fundamentally protect the rights of children and adolescents to grow up within a family nucleus, the Ecuadorian legal system explicitly provides that there is no prohibition for the non-custodial mother or father to visit their children, with the freedom or frequency that the judge deems convenient for the minor so that this regime is subject to the judge’s decision. Against this background, the following question arises: "What happens in cases where the parents, for various reasons, cannot agree to a "physical visitation"? Although this is a fact not contemplated in the norm, this research analyzes the exercise of the visitation regime based on using telematic means as a protective element of the parent-filial relationship.