Trabajos de Titulación - Sede Azogues - Derecho
URI permanente para esta colecciónhttps://dspace.ucacue.edu.ec/handle/ucacue/83
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Ítem Acceso Abierto La incidencia de los procesos judiciales en la provincia del Cañar entre los años 2018 – 2022 y su relación con el principio de celeridad(Universidad Católica de Cuenca., 2024) Muñoz Espinoza, Cristian Fabián; Vélez Palacios, Gustavo Sebastián; Vázquez Calle, José Luis; 0302544317; 0302892070This study analyzed the correlation between non-criminal judicial processes conducted in the province of Cañar from 2018 to 2022 and their relationship with the constitutional principle of promptness within the framework of Ecuadorian procedural law. Non-experimental and descriptive methodology was employed with a mixed approach (qualitative-quantitative). Methods such as dogmatic-legal, historical-logical, and comparative analyses were utilized, along with a literature and documentary review of non-criminal and constitutional judicial processes presented in the province of Cañar during the period under study. Simple random sampling was used to obtain the sample. The research results revealed the incidence of these processes during the period mentioned above, identifying that the procedural principle of promptness was not fulfilled in several areas. Legal reforms and public policies were also deemed necessary to promote compliance with this procedural principle. Keywords: Ecuador, procedural system, principle of promptness, procedural lawÍtem Acceso Abierto La Acción de Protección como garantía eficaz de derechos en la provincia del Cañar durante el periodo 2022-2023(Universidad Católica de Cuenca., 2024) Quito Arce, Jorge Vladimir; Sacoto Morales, Jonnathan Esteve; Ávila Cárdenas, Xavier; 0302790753; 0350279022Protective action in the Ecuadorian constitutional law is an essential mechanism for safeguarding fundamental rights against violations by public authorities or actions that infringe upon them. However, its effectiveness is a matter of debate, especially concerning the remedial measures granted by judges. This research examines whether such measures effectively restore violated rights within Ecuador’s constitutional framework. The study addresses the effectiveness of the action for protection as its central focus, analyzing how judicial decisions contribute to repairing affected rights. Specifically, it evaluates whether the remedies ordered, such as the restitution of rights, the reinstatement of prior conditions, or material compensation, achieve their intended objectives effectively and within a reasonable timeframe. This research concentrates on the province of Cañar, analyzing specific rulings issued in 2022 and 2023 to evaluate this mechanism’s efficacy. It employs a documentary review, along with historical-logical and inductive-deductive methods, which provide a comprehensive understanding of this mechanism. The study explores the scope and challenges of its implementation, emphasizing the need for a deeper understanding to enhance its effectiveness. The article concludes by describing the efficacy of the protective action as a mechanism to defend individuals’ fundamental rights in Ecuador. Keywords: protective action, province of Cañar, legal guaranteeÍtem Acceso Abierto Consecuencias jurídicas originadas por la falta de inscripción de bienes inmuebles en el Registro de la Propiedad del Cantón Azogues(Universidad Católica de Cuenca., 2024) Espinoza Guillén, Marcos Vinicio; Peñafiel Cárdenas, Cristian Andrés; Bravo Moreno, Ruth Azucena; 0302916838; 0302491857This research aimed to determine whether the failure to register real estate in the Property Registry Institution of the Canton of Azogues results in legal consequences. The study was conducted using a qualitative approach through a literature review. The research level applied was descriptive, utilizing dogmatic-legal, inductive-deductive, and historical-logical methods. Interviews were performed with two experts in the field: a judge from the Provincial Court of Cañar and the Property Registrar of the Canton of Azogues. Based on the collected information, it is concluded that, indeed, non-registration of real estate violates the right of ownership of its owner since it causes problems that include a lack of economic income for the State and an affectation to the patrimony of the individuals. Keywords: registration, private property, private asset, legal registry, real estateÍtem Acceso Abierto Incidencia de la violencia Psicológica en el Cantón Cañar 2019-2022(Universidad Católica de Cuenca., 2024) Chimborazo Tenezaca, Adriana Carmen; Cungachi Yugsi, Blanca Noemí; Marín Carangui, Luis Bolívar; 0302650957; 0350217039This research addresses the issue of psychological violence from a legal perspective, focusing on the canton of Cañar in the province of Cañar, Ecuador. The study specifically aimed to assess the incidence of psychological violence from 2019 to 2022. The research had a quantitative approach with a descriptive scope. An analysis was conducted using databases provided by the Council of the Judiciary and the Attorney General's Office (AGO) to determine the number of complaints filed for this type of violence within the specified time frame. A percentage analysis of data from 2019 to 2022 in the canton of Cañar revealed 366 complaints of psychological violence. It was determined that less than 2% of these complaints were resolved. Complaints increased during the study period, except in 2020, due to the COVID-19 pandemic. This research concludes that psychological violence is an issue that requires the attention of various state agencies. Although legal measures have classified this type of violence within the family setting, further action is needed beyond classification to prevent and eradicate these forms of violence against women and vulnerable groups. Keywords: psychological violence, violence against women, domestic violence, prevalence, CañarÍtem Acceso Abierto Diagnóstico de la participación de los jóvenes en política. Estudio de la provincia del Cañar durante las elecciones de los años 2021 – 2023.(Universidad Católica de Cuenca., 2024) Nieves Flores, Katia Nayely; Pesantez Bustos, Milene Patricia; Ormaza Ávila, Diego Adrián; 0350101432; 0302227301This research analyzes the relationship between youth participation and political rights within the framework of the 2019 Democracy Code reform, which mandates that 25% of candidates be under 29. The study employed a mixed-method approach: qualitative for the theoretical foundation of youth political participation and quantitative for the statistical analysis of data collected from the National Electoral Council on youth participation in political organizations. The historical-logical method was used to analyze the background of youth participation in politics and its evolution over time; the deductive method was employed to study general knowledge about youth political participation and its application to specific aspects of this legal concept; finally, the analytical-synthetic method aimed to determine the legal effects of failing to meet the objective established in Article 3 of Ecuador's Democracy Code. The research techniques used included a data sheet, literature, and documentary review of the registered candidates' lists for the 2021-2023 sectional political elections in the province of Cañar. As a result, the study identified the ineffectiveness of the Democracy Code reform, as young people aged 18 to 29 do not have access to political spaces. Keywords: politics, participation, youth, democracy, rightsÍtem Acceso Abierto Responsabilidad del Estado frente a las muertes en los centros de privación de libertad en Ecuador(Universidad Católica de Cuenca., 2024) Escandón Barahona, Mario Israel; Muñoz Ortiz, Ligia Fernanda; Rojas Valdivieso, María Caridad; 0302422118; 0302180856This research addresses the Ecuadorian State's responsibility regarding deaths in places of deprivation of liberty, a topic of growing relevance in the context of human rights. The methodology was descriptive with a qualitative approach, applying dogmatic, inductive-deductive, and analytical-synthetic methods. The results revealed that the Ecuadorian State has failed in its duty to guarantee the life and integrity of individuals in penitentiary centers. Numerous violent deaths and inadequate conditions have been documented, contributing to an environment of violence and dehumanization. Additionally, the urgent need for structural reforms in the prison system is highlighted to address this humanitarian crisis and ensure respect for the fundamental rights of all inmates. The study emphasizes promoting a more just, equitable, and humane penitentiary system, prioritizing rehabilitation and social reintegration. It also underscores the imperative necessity for collaboration between the State and civil organizations to improve prison conditions. Keywords: violence, human rights, death, responsibility, life, securityÍtem Acceso Abierto La adopción desde el vientre materno: Una alternativa ética para embarazos no planificados y la tutela de los derechos del nasciturus.(Universidad Católica de Cuenca., 2024) León Castro, Karen Doménica; Zamora Vázquez, Ana Fabiola; 0302319884This study investigated prenatal adoption in Ecuador as an ethical alternative to unplanned pregnancies, analyzing its legal framework and the implications for the rights of the unborn child. A descriptive and documentary approach was adopted, conducting an exhaustive literature review in databases such as Redalyc, Scopus, and Google Scholar, using key terms such as “prenatal adoption” and “reproductive rights.” Inclusion and exclusion criteria were established to ensure the relevance of the selected studies. The results indicate that, although the rights of the unborn child are recognized in the Ecuadorian legal framework, the lack of specific regulation on prenatal adoption generates uncertainty. This regulatory vacuum hinders access to a viable option for women in situations of unwanted pregnancy. The thematic analysis reveals patterns related to identity, filiation, and the right to a dignified life, highlighting the need for a more transparent legal framework. Prenatal adoption as a viable solution in Ecuador, but its success requires the implementation of adequate regulations that protect the rights of all parties involved. This study provides a basis for future discussions on ethics and reproductive rights, underlining the importance of an approach that respects the autonomy of the biological mother and guarantees the well-being of the unborn child. Keywords: right to family, adoption, family, best interests of the childÍtem Acceso Abierto El Estado constitucional ecuatoriano y el costo de los derechos. Un análisis crítico(Universidad Católica de Cuenca., 2024) Larrea Pinos, Janneth Carmita; Yumbla Ochoa, Adriana Catalina; Vázquez Calle, José Luis; 0302704218; 0302731179This thesis examines the relationship between the concept of the cost of rights and the full justiciability of all rights established in the Charter of Fundamental Rights under the paradigm of the constitutional state. The methodology used was a qualitative approach, and the dogmatic, inductive-deductive, and analytical-synthetic methods were also employed, as well as the literature review technique of laws, jurisprudence, and doctrine. The results theoretically justify that, during the validity of the 2008 Constitution, beyond the guarantee-based model, the aspect related to the cost of rights was not observed. Additionally, it is necessary that in the materialization of rights, a prioritization be made to first identify the most important ones due to the scarcity of economic resources and the crisis Ecuador is experiencing. It implies properly allocating budgetary resources to the most relevant and necessary rights to ensure a full life. Keywords: costs, rights, legal, budget, protectionÍtem Acceso Abierto La incidencia de los accidentes de tránsito en la zona 6 de la provincia del Cañar durante el año 2022(Universidad Católica de Cuenca., 2024) Guamán Yuqui, Marco Remigio; Lombeida Arias, Holger Andrés; Pozo Cabrera, Pablo Arturo; 0301178752; 0105021745Introduction: Traffic accidents are a social problem that must be understood regarding multiple factors. Objectives: To understand the behavior of traffic accident factors in Zone No. 6 of the Province of Cañar, particularly in Azogues, Cañar, and La Troncal during 2022. Methodology: A mixed-method approach will be used to obtain a holistic understanding of the problem; it includes dogmatic-legal, deductive-inductive, analytical-synthetic, comparative, and statistical methods Results: Within Zone 6, the province of Cañar has the highest accident rate. However, the number of injuries is higher in La Troncal, surpassing Azogues and Cañar. Nevertheless, Cañar has the highest mortality rate. It was also determined that the most common type of accident is a collision, followed by crashes, run-overs, and lane departures. The least frequent types of accidents were road departures, rollovers, passenger falls, pedestrian hits, and sideswipes. Collisions are the most common, followed by crashes, run-overs, and lane departures, while the least frequent include rollovers, passenger falls, and sideswipes. The primary cause is driver inattention, along with mechanical failures and intoxication. Accidents are more frequent at night, possibly due to fatigue or alcohol consumption, and decrease during the day due to lighter traffic. It is noteworthy that Azogues reports more traffic infractions than crimes. Keywords: traffic, law, accidents, damages, mortalityÍtem Acceso Abierto La incidencia del procedimiento abreviado en la provincia del Cañar entre los años 2020-2023(Universidad Católica de Cuenca., 2024) Gárate Matute, Willian René; Villa Segovia, Sade Anahi; Moreno Martínez, Jaime Arturo; 0350016721; 0302544929The research analyzed the abbreviated procedure and its incidence in the province of Cañar during 2020-2023 within the criminal and procedural law framework. The methodology employed a mixed approach (qualitative-quantitative), applying inductive-deductive, analytical-synthetic, and dogmatic methods. Various techniques were used, including literature review, documentary review of criminal cases, and the application of interviews and surveys. Current legal issues were evaluated, such as the principle of non-self-incrimination and procedural congestion. In the abbreviated procedure, the prosecutor proposes to the defendant and their defense attorney the application of this process, requiring the defendant to take responsibility for the typified illicit conduct and giv explicit consent in exchange for a reduced sentence. The results demonstrated the incidence of abbreviated procedures during the study period and highlighted their significance as a particular procedure. Additionally, the study emphasized the need to adapt the abbreviated procedure to the challenges imposed by the Constitutional State of Law. Keywords: Abbreviated procedure, criminal procedural law, procedural congestion, EcuadorÍtem Acceso Abierto La suspensión temporal del régimen de visitas por la falta de pago de pensiones alimenticias y visitas parentales en la legislación ecuatoriana(Universidad Católica de Cuenca., 2024) Chauca Álvarez, Nancy Carmita; Guartán Calle, Bryhanna Zohed; Zamora Vázquez, Ana Fabiola; 0302037072; 0302105895This thesis examines the relationship between child support payments and visitation rights within Ecuadorian, Spanish, and Chilean civil and family law frameworks. The methodology was developed using a qualitative approach; the research depth was also descriptive-explanatory. The study used the historical-logical, deductive-inductive, analytical-synthetic, and dogmatic-legal methods. Additionally, the comparative method was applied to the three aforementioned legal systems. The techniques employed were literature review and surveys. Moreover, the study highlights the need for reform in legal bodies related to civil, family, women, children, and adolescent matters. The reforms should include creating educational and awareness programs to support parents in understanding the importance of fulfilling their obligations to pay child support and maintain consistent contact with their children. These efforts would be supported by the technical team of the Judicial Council to ensure effective implementation, aiming to protect the rights, physical, emotional, and psychological well-being, and overall development of the child. Keywords: temporary suspension, visitation rights, non-payment, parental visits, child support.Ítem Acceso Abierto Incidencia de la detención con fines investigativos en el cantón Machala durante el período 2018-2022. Análisis de su eficacia(Universidad Católica de Cuenca., 2024) Ortiz Calle, Micaela Lise; Mejía Ojeda, Carlos Manuel; Torres Rodas, María Augusta; 0302483706; 0302616602This research analyzed the incidence of investigative detention in the Canton of Machala. A mixed approach (qualitative-quantitative) was applied to this study, permitting a more comprehensive understanding of the phenomenon. Additionally, historical-logical, inductive-deductive, analytical-synthetic, and dogmatic methods were used to enhance the analysis. Techniques such as literature and documentary reviews were also employed, which were fundamental in supporting the findings. The results highlighted the impact of investigative detention in the Canton of Machala, emphasizing the need to address such detentions seriously. These actions must be conducted within legal limits while respecting the fundamental rights of detainees. Finally, concrete proposals were made to eliminate the violation of constitutional rights during arrests or detentions and mitigate these practices, promoting a more humane and just process. Keywords: detention, aims, investigative, Machala .Ítem Acceso Abierto Desafíos de la participación política: violencia y barreras para mujeres de diversas etnias en Ecuador.(Universidad Católica de Cuenca., 2024) Romero González, María Paula; Suña Calderón, Joselyn Lisseth; Zamora Vázquez, Ana Fabiola; 0350121489; 0302515150This research investigated the challenges of political participation, violence, and barriers faced by women of diverse ethnicities in Ecuador within the framework of the constitutional state of rights. The non-experimental and descriptive-level methodology was developed under a qualitative approach, utilizing dogmatic-legal, historical-logical, comparative, inductive-deductive, and synthetic-analytic methods, along with file analysis, literature review, and interviews with women from different ethnic groups. The results highlight the specific challenges faced by Ecuadorian women of various ethnicities in attaining and exercising participation and power in the political environment in terms of political violence and structural barriers from a legal perspective. Additionally, the research emphasizes the need for more regulation in Ecuadorian legislation to ensure inclusive political participation for women of diverse ethnicities and to limit violence in this context. Keywords: political violence, women, ethnicities, gender violence, rightsÍtem Acceso Abierto El derecho a la reinserción social y la falta de políticas públicas en Ecuador(Universidad Católica de Cuenca., 2024) Cantos Narváez, John Cristofer; Verdugo Ordóñez, Katherin Chenoa; Moreno Martínez , Jaime Arturo; 0106828270; 0302546924Although the Ecuadorian Constitution guarantees the right to social reintegration of citizens deprived of liberty, the lack of adequate public policies hinders compliance. Problems in prisons, such as overcrowding and the absence of rehabilitation programs, are highlighted, as well as how these deficiencies negatively impact the reintegration of former inmates, increasing criminal recidivism and compromising public safety. The research employs a qualitative methodology, using analysis, data collection, and literature review techniques. A deductive-inductive approach will also be used to study general and specific public policies aimed at reintegrating incarcerated individuals. A normative and legal analysis focused on constitutional rights will be conducted, evaluating all elements, parts, and components to synthesize them and clearly understand the issue. In conclusion, the article emphasizes the urgent need to develop and implement effective public policies that ensure the right to social reintegration for individuals who have completed their sentence. Keywords: reintegration, social, policies, implementation.Ítem Acceso Abierto Factores que inciden en la violencia en contra de las mujeres indígenas en las comunidades del cantón El Tambo. Un estudio desde la interseccionalidad(Universidad Católica de Cuenca., 2024) Guillén Rodríguez, Jennifer Alicia; Zamora Vázquez , Ana Fabiola; 0350153896This research analyzed the factors influencing violence against Indigenous women in the communities in the Canton of El Tambo, Cañar province. Approaching these factors from an intersectional perspective revealed a double vulnerability affecting these females. The methodology combined qualitative and quantitative approaches, using inductive-deductive, dogmatic, and analytical-synthetic methods. Techniques like literature review, data collection, and surveys conducted with women from the communities were used to understand their experiences with violence. Additionally, interviews were performed with mestizo and indigenous community women leaders to gain their perspectives on the issue. The results demonstrated that factors such as ethnicity, race, gender, the history of Indigenous people, and the construction of identity contribute to the violence these women face, confirming a double vulnerability. Cooperation between communities and the decentralized government of El Tambo is essential to control violence. Furthermore, the creation of public policies emphasizing the education of women is essential, enabling them to identify and prevent violence.Ítem Acceso Abierto Incidencia del delito de tráfico ilícito de sustancias catalogadas sujetas a fiscalización en la provincia del Cañar durante el año 2022(Universidad Católica de Cuenca., 2024) Arpi Verdugo, Joseph Marcelo; Mizhquiri Chimbay, Byron Javier; Moreno Martínez, Jaime Arturo; 0302604251; 0350014635The research examines the relationship between the crime of illicit trafficking of controlled substances subject to auditing and its incidence in the province of Cañar in 2022 within the framework of criminal law and criminal procedure. The methodology employed a mixed approach (qualitative-quantitative) and historical-logical, inductive-deductive, analytical-synthetic, and dogmatic methods. In addition, several techniques are used, including literature review, file review, and documentary analysis of criminal proceedings. Results reveal that this crime has serious negative repercussions for the State, significantly affecting the quality of life and the province's economic, social, and political strata. Historical patterns and current legal issues are highlighted, and the effectiveness of existing regulations is evaluated. Finally, concrete strategies are proposed to mitigate this crime's impact and strengthen the State's capacity to address this challenge effectively. Keywords: crime, trafficking, illicit, controlled substances subject to auditing, CañarÍtem Acceso Abierto La inconstitucionalidad de la formulación de cargos en la detención con fines investigativos(Universidad Católica de Cuenca., 2024) Calle Rojas , Issai Eloy; Asitimbay Guzmán, Iván; 0302649256When a crime is committed, individuals are criminally prosecuted. Therefore, it has been established that "(...) only a judge or authority shall be competent to judge a person, provided that the respective procedural safeguards for each proceeding are observed (...)" as stipulated in numeral 3 of Article 76 of the Constitution of the Republic (hereafter referred to as the "Constitution"). Power entrusted to the Attorney General's Office in accordance with Article 195 of the Constitution. The Organic Integral Penal Code (hereafter "COIP" by its Spanish acronym), establishes certain powers for prosecutors in Article 444, outlining specific procedural rules that must be followed to uphold principles and rights. One of these rules is found in Article 575 of the COIP, which establishes reasonable notification periods for scheduling a hearing (...). The rule states that notifications cannot be less than 72 hours, with exceptions. However, as of March 29, 2023, a reform of that rule (Article 575) was enacted, allowing for a hearing for the formulation of charges when detention has been ordered for investigative purposes. This reform has sparked significant debates, as the previous rule required at least 72 hours’ notice for scheduling a hearing, whereas the reform now permits a notification period of only 24 hours when the detention was performed for investigative purposes. Keywords. - detention, charging formulation, procedure, denaturalization, rightsÍtem Acceso Abierto Autonomía femenina y despenalización del aborto: Un enfoque a la protección integral de los derechos reproductivos de la mujer en Ecuador.(Universidad Católica de Cuenca., 2024) Calle Larrea, Manuel Josué; Moncayo Pesántez, Víctor Andres; Rojas Valdivieso, María Caridad; 0302114301; 0350141701The study analyzed the importance of safeguarding women's reproductive rights and respecting their authority and disposition over their bodies within the context of the decriminalization of abortion in Ecuador. A specialized national and international literature review was conducted. A qualitative approach, inductive-deductive, dogmatic-legal, and comparative methods were used, together with bibliographic and literature review techniques. The findings showed the urgency of reforming Ecuadorian legislation concerning pregnancy termination, focusing on guaranteeing women's decision-making capacity over their bodies. Similarities and disparities between Ecuadorian and Spanish legislation were identified, underscoring the need for reforms to protect the reproductive rights of Ecuadorian women and proposing a reform of the current legislation to guarantee free and informed sexuality. Keywords: decriminalization, abortion, autonomy, legislation, lawÍtem Acceso Abierto Habeas corpus correctivo, un estudio crítico desde Ecuador(Universidad Católica de Cuenca., 2024) Ortiz Vasquez, Kevin; San Martín Andrade, María Augusta; 0150977486Ítem Acceso Abierto Análisis del acceso a la silla vacía como mecanismo de participación ciudadana en el cantón Déleg.(Universidad Católica de Cuenca., 2024) Caizaguano Dutan, Dayanna Edelmira; Quizhpilema Paguay, Mercy Maribel; Ávila Cárdenas, Francisco Xavier; 0350184925; 0302427612
