Trabajos de Titulación - Sede Azogues - Derecho
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- ÍtemAcceso AbiertoEl 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.
- ÍtemAcceso AbiertoFactores 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.
- ÍtemAcceso AbiertoIncidencia 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, Cañar
- ÍtemAcceso AbiertoLa 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, rights
- ÍtemAcceso AbiertoAutonomía 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, law
