Trabajos de Titulación - Derecho
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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; 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.Item type: Ítem , Access status: Acceso Abierto , La relación entre las actividades extractivas y la protección de los derechos de la naturaleza en el cantón Sígsig, provincia del Azuay, año 2024(Universidad Católica de Cuenca., 2025) Arias Cabrera, Daniela Lissette; Piedra Jaramillo , Santiago Patricio; 0106272347This research examines the relationship between extractive activities and the protection of the rights of nature in the Sigsig group of Azuay province. In 2008, a constitutional reform recognized nature as a subject of rights, marking a historic milestone in the legal field. However, the effective implementation of these rights remains a challenge due to the lack of a clear regulatory framework and the weakness of the institutions responsible for regulating extractive activities. Both legal and illegal mining have caused serious environmental damage, affecting key ecosystems such as rivers and protected forests. This has caused social tensions due to the loss of protected resources, and has caused social tensions due to the loss of natural resources vital to local communities. The lack of effective control over these activities reflects a gap between policies that promote economic development based on resource extraction and constitutional principles that prioritize environmental conservation. Citizen participation, improved legal implementation, and a more sustainable development approach are essential to achieving a balance between resource exploitation and nature preservation. This paper highlights the need to strengthen public policies and the need for clear and effective regulations that effectively protect the rights of nature.Item type: Ítem , Access status: Acceso Abierto , La efectividad de la investigación previa en delitos de lesiones: análisis normativo y práctico(Universidad Católica de Cuenca., 2025) Barzallo Pacheco, Nelson Julio; Culcay Villavicencio, Iván Patricio; 0104718689This study focuses on analyzing the effectiveness of the preliminary investigation into crimes involving bodily harm within the Ecuadorian criminal justice system. To this end, it is necessary to consider the regulatory and practical aspects that influence the initiation of criminal proceedings. The Comprehensive Organic Criminal Code (COIP, by its acronym in Spanish) regulates the preliminary investigation, establishing it as a key stage for collecting sufficient evidence to facilitate the determination of the existence of the criminal offense and the future of the process in general. The effectiveness of the preliminary investigation faces challenges, including the absence of reasoned justification in case files by prosecutors, the omission of procedures essential to the case, and limited technical assessment of forensic medical reports. The research was conducted using a mixed-methods approach, both quantitative and qualitative, and the analytical-synthetic method. Interviews were also conducted with legal professionals in the field, such as criminal defense attorneys and prosecutors, in addition to doctrinal sources, regulatory provisions, and case law references. The sole objective was to broaden the scope of the study and arrive at a more specific question regarding the challenges faced by the preliminary investigation phase in crimes causing bodily harm. It was thus determined that there is an alarming rate of unreasoned prosecutorial decisions, in which cases are archived, leaving them in impunity and increasing the excessive provisional filing. Similarly, a lack of standardization in the practice of expert appraisals for the accreditation of harm was evidenced.Item type: Ítem , Access status: Acceso Abierto , Contradicción normativa en la oportunidad para presentar tercerías excluyente y coadyuvante en procesos ordinarios y en ejecución en el COGEP(Universidad Católica de Cuenca., 2025) Andrade Jimbo, Emilia Belén; Sánchez Urgiles, Washington Andrés; 0106510449This research addresses the regulatory contradiction in the General Organic Code of Procedures (COGEP, by its Spanish acronym) regarding the procedural opportunity to file exclusionary and contributory third-party claims in ordinary and enforcement proceedings. This legal conflict creates uncertainty regarding the appropriate time for third-party intervention, directly affecting constitutional rights such as legal certainty, the right to defense, and the right to challenge evidence. Through a qualitative approach and analytical-synthetic, systemic-structural-functional, and comparative law methods, the research analyzes Ecuadorian regulations, procedural doctrine, and constitutional jurisprudence, contrasting them with legislation from Peru, Argentina, and Spain. The study shows that the inconsistency between Articles 48 and 294 of the COGEP, as well as the length of time involved in the enforcement process, undermines procedural balance. Lastly, a reform is proposed to unify the deadlines for the admission of third-party claims and strengthen the guarantee-based application of the process, ensuring equal conditions between the parties and respect for fundamental rights. This research seeks to contribute to the improvement of the Ecuadorian procedural system and the strengthening of the constitutional state of rights and justice.Item type: Ítem , Access status: Acceso Abierto , La crisis de seguridad en el Ecuador y como esta influye en el aumento de la violencia intrafamiliar y su impacto en el derecho penal(Universidad Católica de Cuenca., 2025) Quel Carchipulla, Cristian David; Bolaños Castro, Luis Alfredo; Hidalgo Palacios, José Felipe; 0150407450; 0107580805Violence and overall insecurity are increasing daily in Ecuador, making people more susceptible to becoming victims of criminal offenses. The rates of common and organized crime are the result of a series of factors that, in the vast majority of cases, stem from unemployment, poverty and extreme poverty, lack of education, and economic inequalities. Moreover, domestic violence directly contributes to criminal acts and social disorder; all these factors contribute to the absence of a culture of peace in the country. Although the family is the core of society, figures are evidencing numerous reports of intrafamily violence. Therefore, the enforcement of the legal system remains far from satisfactory, compounded by the lack of effective public policies to address criminal offenses, including domestic violence.Item type: Ítem , Access status: Acceso Abierto , Análisis de la ley del futbolista profesional en Ecuador y su protección a los derechos laborales(Universidad Católica de Cuenca., 2025) Añazco Bernal, Winston Enrique; Calle Masache, Nube Catalina; 0107413312This research aims to examine the Professional Footballers Act in Ecuador, in force since 1994, to assess its effectiveness in guaranteeing players' labor rights in light of the evolution of the sport and international regulatory frameworks. The main issue identified is the lack of updates to this legislation, which has resulted in legal loopholes and potential violations in key areas, including hiring, wages, transfers, and social security. The study was conducted using a qualitative methodology and a comparative legal approach, based on doctrinal analysis, a review of national and international regulations, and relevant case law. The Ecuadorian experience was also compared with legal models from countries such as Spain, Argentina, and Chile, as well as with the provisions established by FIFA. The results show that, while in other contexts the employment relationship between soccer players and clubs is explicitly recognized, in Ecuador, a partial framework persists that delegates functions to private entities such as the Ecuadorian Soccer Federation. This limits the effective guarantee of rights and reveals shortcomings in areas such as the protection of minors, contractual stability, and coverage for injuries or salary delays. In conclusion, there is a need for comprehensive reform to align Ecuadorian legislation with international standards and strengthen the protection of professional soccer players.
