Trabajos de Titulación - Sede Azogues - Derecho
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Item type: Ítem , Access status: Acceso Abierto , Habeas corpus preventivo y su necesidad de inserción en la legislación ecuatoriana(Universidad Católica de Cuenca., 2025) Gualán Guaillas, Magaly Hortencia; Zhau Alulema, Erika Yessenia; San Martín Andrade, María Augusta; 1101848310; 0302387949Preventive habeas corpus is conceived as a constitutional guarantee aimed at anticipating the violation of the right to personal liberty in the face of real and imminent threats. Its absence in Ecuadorian legislation creates a gap that weakens the effective protection of rights, forcing judges to resort to extensive interpretations to compensate for this deficiency. Although the Constitutional Court has mentioned this mechanism in one of its judgments, it has not developed criteria supporting its recognition as a constitutional guarantee. This omission highlights the need to expressly incorporate it, especially when corrective and restorative measures prove insufficient in the face of pre-detention threats prior to detention. Comparative experience in Argentina and Peru demonstrates the feasibility and relevance of its application. Therefore, it is essential to define this guarantee within constitutional parameters that ensure the effective protection of freedom and strengthen the protective nature of the State. Keywords: preventive habeas corpus, rights, personal freedom, purposesItem type: Ítem , Access status: Acceso Abierto , El cumplimiento de la reparación integral en delitos contra la vida: Análisis de los procesos tramitados en la Unidad Judicial Penal del cantón Azogues, entre el año 2022 y 2024.(Universidad Católica de Cuenca., 2025) Lucero Morales, Angélica Maricela; Torres Rodas, María Augusta; 0302386529Comprehensive reparation is of utmost importance in all legal systems due to its purpose: to compensate for a specific harm and to guarantee that it will not be violated again through various mechanisms established by International Law and other regulatory bodies that have directly addressed it. In Ecuador, comprehensive compensation assumes greater importance in the criminal field, as this branch is responsible for punishing certain illegal acts and, consequently, for repairing the resulting damage. In this regard, this study analyzes whether everything that is regulated in our legal framework, the Constitution of the Republic of Ecuador (CRE, by its Spanish acronym) and the Comprehensive Organic Criminal Code (COIP, by its Spanish acronym in Spanish) are effectively implemented, or whether they remain merely declarative provisions due to the excessive amounts established in the rulings of the Criminal Court of the Province of Cañar. Keywords: comprehensive reparation, compensation, compliance, sentenced person, excessive amountsItem type: Ítem , Access status: Acceso Abierto , El principio de legalidad frente al cobro de contribuciones especiales de mejoras realizadas por EMAPAL-EP en el año 2017(Universidad Católica de Cuenca., 2025) Buri Pacheco, Karol Belen; Escobar Andrade, Úrsula Nikol; Ormaza Ávila, Diego Adrián; 0350340006; 0302655113This research focuses on determining whether the collection of Special Improvement Contributions (CEM) by the Municipal Public Water, Sewerage, and Sanitation Company of Azogues (EMAPAL-EPZ, by its Spanish acronym) in 2024, corresponding to works executed in 2017, violates the principle of legality. To this end, a documentary and legal analysis was conducted regarding the powers of the tax administration, the process that validates the tax collection, and the legal effect of the administration's failure to exercise its determining authority. Based on surveys conducted with property owners and information obtained from the institution itself and other public documents, it was found that the collection lacks legal basis, as there is no municipal ordinance that legitimizes such taxes, the deadline for exercising the collection authority has expired, and the payment notifications were issued without an enforceable credit title, constituting a clear breach of the principle of legality. Keywords: principle of legality, special improvement contributions, ordinance, expiration, collectionItem type: Ítem , Access status: Acceso Abierto , Índices Predictivos de Vía Aérea Difícil versus Uso de Ultrasonido para una Intubación Exitosa. Revisión Sistemática(Universidad Católica de Cuenca., 2025) Ulloa Matovelle, María Paula; Cumbe Alvarado, José Alfonso; 0302992557Background: In procedures requiring intubation, the respiratory tract is essential for maintaining homeostasis. Considering the subjectivity of predictive indices for difficult airways, ultrasound has emerged as a complementary tool that provides greater precision and objectivity in identifying conditions that favor successful intubation. Objective: To compare the different predictive indices for difficult respiratory tract, highlighting their advantages and limitations in clinical practice through an exhaustive literature review. It is based on relevant studies on predictive indices for difficult respiratory tract and the use of ultrasound for a successful procedure; which is aligned with objective 3 of the Regional Observatory on Planning for Development: “Ensure healthy lives and promote well-being for all at all ages” and is supported by objective 6 of the National Development Plan, which aims to “Guarantee the right to comprehensive, free, and quality healthcare.” Methods: A retrospective descriptive qualitative study was conducted based on the PRISMA statement, by reviewing scientific articles and doctoral thesis from international universities and universities in southern Ecuador to contextualize the local reality. Results: The quality of the methods used, the study population, and the various variables were evaluated to compare and contrast respiratory tract predictive indices and understand the effectiveness of ultrasound. Conclusions: The use of ultrasound is more effective than the difficult respiratory tract indices. Keywords: intubation, indices, ultrasound, respiratory tractItem type: Ítem , Access status: Acceso Abierto , La multiparentalidad y los desafíos jurídicos para el ejercicio de derechos y obligaciones parentales en la legislación ecuatoriana.(Universidad Católica de Cuenca., 2025) Naranjo Carrera, Lucas Fernando; Quispillo Morocho , Joel Javier; Ávila Cárdenas , Francisco Xavier; 0302902358; 1104567100The research analyzed the evolution of the concept of family in Ecuadorian law and non-traditional family models, highlighting multiparentality as an emerging phenomenon. The study examined the normative and jurisprudential transformations recognizing family diversity, as well as the legal and practical challenges arising from registering more than two parents. The main objective was to analyze the principal legal challenges arising from the recognition of multiparentality in Ecuador regarding parental rights and obligations, to identify regulatory limitations, and propose possible solutions. Through a comparative analysis with legal systems of Canada, Cuba, the United States, Brazil, and Argentina, it was found that Ecuador lacks explicit regulation on multiparentality, leading to legal gaps and potential risks of rights violations. The study concludes that it is essential to harmonize the Ecuadorian legal framework with social reality, while always ensuring the best interests of the child. Keywords: multiparentality, family, socioaffectivity, filiationItem type: Ítem , Access status: Acceso Abierto , Proyecto de Titulación embargado para publicación. Estará disponible a la fecha de publicación o de cierre de embargo(Universidad Católica de Cuenca., 2025) Uzho Rojas, Elsa Cristina; Vázquez Calle, José Luis; 1600884652Item type: Ítem , Access status: Acceso Abierto , Análisis de la necesidad de regular le herencia digital en Ecuador.(Universidad Católica de Cuenca., 2025) Pulla Urgilés, Melissa Kristal; Zamora Vázquez, Ana Fabiola; 0350330163Digital inheritance has emerged as a highly relevant topic in the legal field, particularly within Succession Law, due to the increasing presence of personal digital assets, including emails, social media accounts, digital subscriptions, and cryptocurrencies. In Ecuador, the lack of specific legislation regarding their post-mortem management generates legal uncertainty and threatens both property and privacy rights of citizens. This research, using a qualitative and descriptive approach, examines the theoretical foundations of succession law, the classification of digital assets, and the impact of their regulation, while also comparing international regulations that have addressed this matter. This study highlights the urgent need to incorporate precise legal regulation into the Ecuadorian legal framework to guarantee the legitimate access of heirs to digital assets, respect the will of the deceased, and safeguard the protection of post-mortem data, thereby strengthening legal certainty and digital rights in the country. Keywords: succession law, legal regulation, digital assets, digital inheritance, post-mortem privacyItem type: Ítem , Access status: Acceso Abierto , Diferenciación Jurídica entre Grupos de Delincuencia Organizada y Paramilitares a la luz del Derecho Internacional Humanitario en Ecuador.(Universidad Católica de Cuenca., 2025) Urgilés Campoverde, Dayanna Lisbeth; Moreno Martínez, Jaime Arturo; 0302697669This study aims to analyze, from the perspective of International Humanitarian Law (IHL), the normative framework and its applicability to the Ecuadorian context, determining the legal status of paramilitary groups in comparison to organized crime groups classified as belligerents and terrorists, as per Executive Decrees 110 and 111 of 2024. The study examines how the escalation of violence, linked to economic and social factors, has led the government to declare an internal armed conflict in 2024, highlighting the legal, ethical, and human rights protection challenges in addressing these organizations. Finally, in light of humanitarian law, legally grounded differentiating criteria have been formulated to guide the appropriate legal treatment of these groups in accordance with their ontological nature and humanitarian norms, ensuring proportionality and coherence between the application of domestic law and international law. Keywords: IHL, paramilitary groups, belligerents, organized crime groups, legal treatmentItem type: Ítem , Access status: Acceso Abierto , La incidencia de las garantías jurisdiccionales en la provincia del Cañar entre los años 2018-2022(Universidad Católica de Cuenca., 2025) García Idrovo, Cristian Fabricio; Palloroso Andrade, Paúl Santiago; Vázquez Calle, José Luis; 0302761812; 0302653241This research focuses on the critical study and analysis of jurisdictional guarantees and their impact within the framework of Ecuador’s constitutional state of rights. The study employs a descriptive and non-experimental design, based on a mixed-methods approach: qualitative in terms of the review of law, jurisprudence, and doctrine, and quantitative in terms of the statistical analysis of the information. The methods employed include dogmatic, inductive-deductive, analytical-synthetic, comparative, and historical-logical, as well as card index method, literature review, and documentary review of the jurisdictional guarantees presented between 2018 and 2022 in the province of Cañar. As a result of this work, the incidence of jurisdictional guarantees in the study period was demonstrated. Additionally, it is considered important for the Judicial Council and the Ecuadorian State to implement public policies that ensure widespread access to these guarantees, which are not widely and progressively implemented for their full recognition. Keywords: guarantees, constitution, impact, State, reparationItem type: Ítem , Access status: Acceso Abierto , Proyecto de Titulación embargado para publicación. Estará disponible a la fecha de publicación o de cierre de embargo(Universidad Católica de Cuenca., 2025) Cárdenas Morejón, César Ismael; Cárdenas Morejón, César Ismael; 0302650734; 0350170700Item type: Ítem , Access status: Acceso Abierto , Análisis de las Consecuencias Jurídicas por la inadecuada aplicación del Hábeas Corpus en el Estado Ecuatoriano(Universidad Católica de Cuenca., 2025) Guartán Fajardo, Dennis Vinicio; Ávila Cárdenas, Francisco Xavier; 0303127658This research analyzed in detail the legal consequences of the misuse of habeas corpus in the Ecuadorian State, with an emphasis on the distortion of its constitutional purpose and the effects this causes. Through a qualitative, descriptive, and documentary approach, judgments issued by the Constitutional Court were reviewed, as well as paradigmatic cases in the public domain, such as that of Jorge Glas, identifying how this guarantee was improperly used to evade final judgments, delay judicial proceedings, or even modify legitimate criminal decisions. The findings clearly demonstrated that the problem did not lie in the current regulations, but rather in the actions of certain judges and lawyers, which had serious repercussions on the principle of legality, legal certainty, res judicata, and confidence in the judicial system. In conclusion, it was necessary to strengthen the technical, responsible, and consistent application of habeas corpus to prevent its distortions. Keywords: Denaturalization, Impunity, Legality, Guarantee, DistortionItem type: Ítem , Access status: Acceso Abierto , Análisis jurídico del otorgamiento de boletas de auxilio y su incidencia en el derecho a la defensa en Ecuador.(Universidad Católica de Cuenca., 2025) Contreras Zhinín, Miguel Ángel; Mora Verdugo, Juan Andrés; Marín Carangui, Luis Bolívar; 0302187547; 0302767405This article critically analyzes the use of protection orders in the Ecuadorian legal system and their impact on the right to defense of alleged aggressors. These measures, designed to provide urgent protection to victims of violence, have become a tool widely applied by judges and prosecutors. However, their frequent issuance without prior hearings or review mechanisms has raised serious concerns from a rights-based perspective. The study adopts a qualitative approach and draws on the analysis of legal norms, constitutional rulings, specialized doctrine, and international experiences. The findings reveal that although protection orders fulfill a necessary protective function, their issuance without procedural challenge or sufficient reasoning may directly affect fundamental rights such as the presumption of innocence, technical defense, and legal certainty. Furthermore, cases are identified in which these measures have been misused as tools of pressure in family conflicts, undermining their purpose and damaging the credibility of the justice system. Through a comparative study with countries such as Colombia, Argentina, and Mexico, it is demonstrated that it is possible to implement balanced models that respect both victims’ rights and the guarantees of the accused. The article concludes that the Ecuadorian system requires urgent reforms that incorporate mandatory review hearings, clear protocols, and a genuinely rights-based approach. Only in this way can effective, equitable, and human rights-oriented justice be ensured at all levels of the process. Keywords: protection orders, right to defense, due processItem type: Ítem , Access status: Acceso Abierto , Las políticas extractivistas del Ecuador y los derechos de la naturaleza. Un estudio crítico(Universidad Católica de Cuenca., 2025) Álvarez Rodríguez, María Laura; Villavicencio Orellana, María José; Rojas Valdivieso, María Caridad; 0302722863; 0302519384This research aims to analyze the structural contradiction between the constitutional recognition of the rights of nature in Ecuador and the implementation of extractivist policies, especially in the mining sector. Using a legal-dogmatic, deductive, and analytical approach, the study examines how the current legal framework, particularly the 2008 Constitution, has been systematically undermined by state practices that prioritize economic and transnational interests over life, water, and territory. The methodology included the study of legal, doctrinal, and jurisprudential sources, as well as the analysis of emblematic cases such as Kimsacocha and Fruta del Norte. These reveal a profound disconnect between the discourse of guarantees and the reality of extraction, in which nature is instrumentalized in the name of development. Based on this diagnosis, the research proposes legal reforms aimed at strengthening the binding participation of communities, active social oversight, and the protection of environmental defenders. The study concludes that as long as the State maintains a dual role as guarantor of rights and promoter of extractivism, the rights of nature will remain an unfulfilled constitutional promise, lacking real effectiveness in the territories. Keywords: rights of nature, extractivism, mining policy, good living, communitiesItem type: Ítem , Access status: Acceso Abierto , Aplicabilidad de la caducidad de la prisión preventiva al arresto domiciliario en función de los principios de libertad personal y seguridad jurídica.(Universidad Católica de Cuenca., 2025) Pintado Bonete, John Paúl; Sanmartín Abad, Oscar Patricio; Quevedo Quinteros, Manuel Ramiro; 0302703988; 0302337050This research addresses the legal problem arising from the legislative omission concerning the expiration of house arrest in the Ecuadorian criminal process, analyzing whether it is legally viable to apply, through analogy in bonam partem—a hermeneutical technique that allows extending favorable norms to the defendant in the face of legal gaps—the terms of Article 541 of the Comprehensive Organic Criminal Code (COIP, by its Spanish acronym) provided for pre-trial detention. The purpose is to safeguard the fundamental rights of personal liberty and legal certainty, which are compromised by the possibility of indefinite house confinement. Through the analysis of judicial decisions and the constitutional and conventional framework, it is concluded that the analogy in bonam partem does not violate the principle of legality, but rather complements it, by not expanding the ius puniendi, but rather limiting it in favor of the defendant. The research shows that, in the absence of express regulation, judges are authorized to apply such time limits, ensuring normative coherence and effective control of the State’s punitive power. Keywords: analogy, house arrest, pre-trial detention, personal liberty, legal certaintyItem type: Ítem , Access status: Acceso Abierto , Análisis de la constitucionalidad de la tasa de animales domésticos de compañía en el cantón Azogues(Universidad Católica de Cuenca., 2025) Calle Orellana, Deysi Azucena; Encalada Neira, Marcia Fernanda; Ormaza Ávila, Diego Adrián; 0303145726; 0302901954This research analyzed the constitutionality of the domestic animal ownership fee in the canton of Azogues. First, the research was conducted using a qualitative, theoretical, and descriptive approach, based on a legal analysis of taxes and fees, differentiating between them. In this analysis of the municipal regulations that establish this fee, it was identified that the charge imposed by the ordinance does not involve a direct relationship with an individualized service provided to taxpayers. Instead, it is calculated based on the property’s cadastral value, thus constituting a tax disguised as a fee. The constitutional principles of legality, equality, and proportionality were also analyzed and it was observed that this fiscal figure infringes on certain taxpayer rights, such as the right to transparency, due process, and taxation according to economic capacity. This research concludes that, under the principle of substance over form, the said municipal fee lacks legal legitimacy. This highlights the need for the government to undertake a regulatory review in order to guarantee the taxpayers’ fiscal rights. Keywords: tax, fee, tax principles, taxpayersItem type: Ítem , Access status: Acceso Abierto , Castración Química: medida de aseguramiento para detener la pederastia.(Universidad Católica de Cuenca., 2025) Ochoa Peralta, Marjiore Carolina; Moreno Ramírez, Jaime Arturo; 0150600518This research paper analyzes chemical castration as a post-sentencing preventive measure aimed at protecting victims (children and adolescents). A study conducted by the Office of the Ombudsman between 2018 and 2023 reveals alarming rates of sexual violence against minors, highlighting the ineffectiveness of current legislation, as well as deficiencies within the Attorney General’s Office and other governmental bodies, which will be examined in detail. In light of this issue, chemical castration emerges as a method to stop rape of minors. This medical hormonal treatment aims to reduce testosterone levels in male organisms, decreasing libido and, consequently, sexual activity. Furthermore, it is essential to consider the mental state of the perpetrators, who suffer from a disorder characterized by sexual attraction to prepubescent children. Psychiatrists such as Yamil Quevedo, George Brown, María Riberas Gutiérrez, and Andrea Fortuoso Carazo agree that pederasty is a chronic and incurable disorder. In this paper, the terms “pedophile” and “pederasty” will be used interchangeably, as synonyms, to refer to individuals with this condition, always understood within the framework of a psychological disorder that affects their behavior and sexual orientation toward minors.Item type: Ítem , Access status: Acceso Abierto , Análisis de la motivación en las resoluciones administrativas emitidas por el GAD municipal de Azogues en el periodo 2023.(Universidad Católica de Cuenca., 2025) Guamán Marín, Marcelo Fernando; Sánchez Naula, Romel Emanuel; Ormaza Ávila, Diego Adrián; 0350100889; 0302361092This research aims to analyze the application of the motivation standards established by the Constitutional Court of Ecuador, specifically focusing on the resolutions issued by the Municipal Autonomous Decentralized Government of Azogues, Canton. A qualitative approach was used to review and evaluate resolutions related to complaints or claims submitted by citizens. A detailed analysis identified non-compliance with these standards, and the quality of the issued resolutions was assessed. The results reveal that the Financial Department does not meet the motivation requirements mandated by the Constitutional Court of Ecuador. This non-compliance negatively impacts fundamental principles such as legality, legal certainty, and due process, generating uncertainty, distrust, and legal insecurity among citizens, ultimately affecting the transparency and legitimacy of the public entity's actions.Item type: Ítem , Access status: Acceso Abierto , El uso progresivo de la fuerza y los derechos humanos, un debate necesario en Ecuador.(Universidad Católica de Cuenca., 2025) Castillo Verdugo, Luis Stefano; Asitimbay Guzmán, Iván Patricio; 0302859889This study evaluated whether the progressive use of force in Ecuador, as a strategy to protect citizens and law enforcement against crime, complies with international human rights standards. The research emerged in response to reports of excessive use of force, particularly in contexts of high criminality and social protests. Using a qualitative and descriptive methodology, the study analyzed regulations, doctrine, and jurisprudence, complemented by historical-logical and inductive-deductive approaches to trace the evolution of the issue and examine specific cases that contributed to the investigation. The findings indicated that although Ecuador has a solid legal framework, challenges remain in its implementation, including inadequate police training, insufficient resources, corruption, and weaknesses in accountability mechanisms. The study concluded that strengthening oversight, improving officer training, and adopting international standards are essential to ensuring the legitimate and proportional use of force. Keywords: progressive use of force, human rights, law enforcement, legality, proportionalityItem type: Ítem , Access status: Acceso Abierto , La justicia indígena y su relación con los derechos humanos. Un estudio crítico(Universidad Católica de Cuenca., 2025) Bastidas Calle, Luis Alexander; Chimbo Zaruma, Michael Aaron; Lloret Zaruma, Verónica; 0301925749; 0302705538This article is framed within the field of legal sciences, specifically focusing on the critical study of Indigenous justice. The scientific problem arises from the application of indigenous justice, which has sparked controversy; in its implementation, human rights violations have occurred. For this reason, the present study is justified. This research aims to analyze the relationship between indigenous justice and human rights from a critical perspective. The methodology used corresponds to a qualitative study, based on the contrast of literature sources, known as grounded theory, through applying theoretical and inductive methods. Using descriptive research with a non-experimental design; data and facts compiled by authors who have studied the subject, as well as sentences related to the topic under study, were addressed. Indigenous justice deviates from and is distant in its adherence to the human rights established in the Constitution and the Declaration of Human Rights. This argument highlights the tension between the principles of indigenous communities and the need to ensure the protection of human rights. Keywords: Indigenous justice, ordinary justice, human rightsItem type: Ítem , Access status: Acceso Abierto , Tecnología blockchain en los contratos inteligentes(Universidad Católica de Cuenca., 2025) Rivera Loja, David Israel; Rojas Flores, Alexis Amadeo; Moreno Martínez, Jaime Arturo; 0350326328; 0350078556This research article analyzes the use of Blockchain technology in commercial contracting processes, as this tool represents significant progress in this field. It also offers greater security and cost-effectiveness to contracting parties. Furthermore, within the Ecuadorian legal framework, some laws regulate the use of such tools for smart contracting, as evidenced in Article 77 of the Commercial Code. In this context, it is relevant to highlight the principle of technological neutrality, which ensures that laws are applicable regardless of the technology used. Consequently, emerging artificial intelligence must comply with current regulations, ensuring that the rapid changes in information and communication technologies (hereinafter ICT) do not render the law inefficient or inapplicable as long as the basic legal requirements for contracts are met. The methodology is based on the principles of the qualitative approach, employing research methods such as grounded theory, the analytical method, and the synthetic method. It has allowed for the establishment of the foundations for the conclusions of this article. Keywords: technology, smart contracting, computer law
