Trabajos de Titulación - Derecho
URI permanente para esta colecciónhttps://dspace.ucacue.edu.ec/handle/ucacue/10
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Item type: Ítem , Access status: Acceso Abierto , La omisión normativa en el artículo 42 del COIP y su repercusión en la responsabilidad penal del autor mediato en delitos de corrupción y crimen organizado(Universidad Católica de Cuenca., 2026) Espinoza Moreno, María AntoniaThis paper examines the implications of the omission of Article 42 of the Ecuadorian Comprehensive Organic Criminal Code (COIP, by its Spanish acronym) regarding the indirect perpetrator, and the impact this generates on criminal liability in cases of corruption and organized crime as complex offenses. The absence of this regulation creates gaps that hinder criminal prosecution, particularly in relation to those at the top of the hierarchical structure of crime. This situation has led to an imbalance in the application of the principle of legality, affecting both the function of Criminal Law and the function of judicial predictability. This study, based on a qualitative and doctrinal analysis, focuses on the examination of legislation in countries within the region, as well as the doctrine of control over the act developed by Claus Roxin. The lack of regulatory measures concerning indirect perpetration results in the inability to attribute criminal responsibility to individuals who exercise authoritarian control as leaders of a crime. This issue creates a breakdown that undermines trust in the justice system. In order to address the gap regarding indirect perpetration in the COIP, this paper proposes a training in judicial leadership and the development of other additional strengthening measures. This work highlights that the concept of indirect perpetration must be clearly defined, so that the Ecuadorian criminal justice system is perceived as effective in addressing crimes of power and in combating organized crime.Item type: Ítem , Access status: Acceso Abierto , Derecho humano al agua y su impacto en la salud en la comunidad Mosquera, parroquia Santa Ana, cantón Cuenca(Universidad Católica de Cuenca., 2026) Ordóñez Abril, Melissa Elizabeth; Vizhñay Pugo, Katherine MaribelThis study examines the contamination processes affecting water sources in San Francisco de Mosquera, a community located in the Santa Ana parish of the Cuenca canton, and analyzes their implications for the effective guarantee of the fundamental human right to access to water, as enshrined in Ecuador’s constitutional framework. The study analyzes the constitutional, doctrinal, and jurisprudential development of this right, as well as the contextual conditions of water sources in the community, identifying practices and factors that compromise their quality. In this context, the study evaluates the impacts of water contamination on public health and the living conditions of community members, demonstrating how limited access to safe water affects the realization of Buen Vivir (Sumak Kawsay) as a guiding constitutional principle. The research adopts a qualitative approach, applying analytical, descriptive, and synthetic methods, complemented by documentary analysis and interviews conducted within the community. This methodological framework enables a critical articulation between the constitutional provisions and the empirical reality in Mosquera.Item type: Ítem , Access status: Acceso Abierto , El saneamiento procesal de oficio y tratamiento de excepciones previas ante la inasistencia del demandado: en el sistema oral ecuatoriano(Universidad Católica de Cuenca., 2026) Cambizaca Chocho, John DavidThe General Organic Code of Processes (COGEP, by its Spanish acronym), upon becoming effective, established an oral system in which the judge acts as the director of the proceedings and ensures constitutional and procedural principles. However, in judicial practice, complex situations occur, such as the defendant’s failure to appear at the hearing. Due to the absence of oral substantiation, judges often omit, ex officio, the procedural rectification of preliminary exceptions raised or asserted in the claim, mistakenly believing that these exceptions have lost their procedural opportunity. This study aims to analyze the scope and limits of the judge’s authority to perform ex officio procedural rectification. It uses a documentary, bibliographic, and descriptive approach, applying qualitative methods to analyze normative and doctrinal texts. The findings show that the judge has a legal duty to apply a “retrospective procedural rectification” ex officio to those exceptions that constitute defects affecting not only the parties but also public order or involve non-curable nullities (such as lack of jurisdiction, res judicata, etc.), by reviewing the materials in the case file. It is concluded that the limit of this authority lies in substantive exceptions of a negative nature, such as prescription (statute of limitations), which must be strictly substantiated by the defendant.Item type: Ítem , Access status: Acceso Abierto , Autorización de salida del país: análisis de la obligación jurídica del notario público(Universidad Católica de Cuenca., 2026) Rodas Pacheco, Ricardo Isaías; Cáceres Toledo, Magali MaritzaNotarial authorization for the departure of minors from the country in Ecuador is a legal procedure that verifies the consent of legal representatives and formalizes the minor’s departure from the national territory. Current regulations establish that this permit is mandatory when the minor is not traveling with both parents; it may be processed through a notary when no conflict exists. In this procedure, the notary acts as a public official, and their function is limited to verifying documentation, identity, and the intent of those providing authorization, in accordance with legal provisions. The notary’s role in this process is regulated, as it does not depend on personal criteria or subjective assessments. When legal requirements are met and valid consent exists, the authorization must be issued. Discretionary power does not apply in notarial proceedings but rather in judicial ones, which are utilized when there is disagreement between parents or representatives. Maintaining this distinction ensures that the process remains clear and predictable for families. A notary’s unjustified refusal to grant authorization may result in legal consequences. Such conduct may limit the minor’s right to leave the country and affect pre-consented family arrangements. Furthermore, as this is a public service, the notary may face administrative or disciplinary liability for acting beyond what the law permits. The principle of legality defines the notary's obligation and establishes that their duty is fulfilled by applying current regulations without demanding additional requirements or relying on assumptions.Item type: Ítem , Access status: Solo Metadatos , Proyecto de Titulación embargado con fines de publicación de impacto.(Universidad Católica de Cuenca., 2026) Alvarez Urgiles, Bryam Tomas; Calle Sanchez, Bryam AnthonyProyecto de Titulación embargado con fines de publicación de impacto.Item type: Ítem , Access status: Acceso Abierto , El error de tipo y su viabilidad jurídica en el delito previsto en el artículo 171 numeral 3 del COIP.(Universidad Católica de Cuenca., 2026) Argudo Ordoñez, Romulo DanielThis study analyzes the legal admissibility of a mistake of fact regarding the victim’s age in the offence of rape under Article 171(3) of the COIP, following the express recognition introduced in 2019 under Article 28(1). Adopting a doctrinal and documentary approach, it examines criminal intent in sexual offences against minors under fourteen, the role of age as an objective element of the offence, and the irrelevance of consent as a rule protecting sexual integrity. It argues that punishment is only legitimate if it is grounded in culpability and supported by sufficient evidence, such that the mere determination of the victim’s age does not replace the analysis of the offender’s knowledge. The study reviews national case law to identify the criteria used to accept or reject a mistake as to age and contrasts them with Peruvian case law, which provides guidelines for assessing the plausibility of the defendant’s belief in light of the factual context. It concludes that an invincible (i.e., unavoidable) mistake, when duly proven, excludes intent and, given the absence of a negligent form of the offence of rape in Ecuador, its proper treatment prevents convictions lacking subjective criminal responsibility.Item type: Ítem , Access status: Acceso Abierto , La adopción homoparental frente al principio constitucional del reconocimiento de los diversos tipos de familia en el Ecuador(Universidad Católica de Cuenca., 2026) Ochoa Castro, Cristopher GeordanoThis thesis examines Ecuador’s constitutional and legal frameworks, as well as various doctrinal opinions related to the research topic, with a special emphasis on the situation of same-sex couples and their access to adoption rights. Based on the study and analysis of principles such as equality and non-discrimination, as well as the constitutional recognition of different types of families, the research highlights a normative contradiction between the constitutional provisions on the recognition of family diversity and the express exclusion of same-sex parent families from the adoption process in the constitutional text. This reveals a form of discrimination incompatible with a constitutional state of rights and justice, such as Ecuador, as well as an inconsistency with the provisions of the American Convention on Human Rights, an internationally recognized instrument for the protection of rights, to which the Ecuadorian State is a party.Item type: Ítem , Access status: Acceso Abierto , Análisis crítico de la acción de reforma del testamento en la legislación ecuatoriana y el derecho comparado.(Universidad Católica de Cuenca., 2026) Maurizaca Pizha, Katherin VivianaThis paper examines the current regulations governing the action to reform a will under the Ecuadorian Civil Code to conduct a comparative analysis with Colombia, Chile, Spain, and France. The research was qualitative, employing exegetical, inductive-deductive, and analytical-synthetic methods, based on regulatory analysis, international instruments, and relevant case law. It was determined that, although succession law recognizes the action to reform a will as a mechanism that safeguards the transfer of the deceased’s rights and obligations, in practice, there are discrepancies between provisions of the current legislation and their implementation. The comparative review of other legal systems enabled the identification of new models and regulations, which guided the proposed regulatory reform. It is concluded that an amendment to Article 1239 of the Civil Code is necessary to ensure legal certainty and the effective protection of inheritance rights.Item type: Ítem , Access status: Acceso Abierto , Aplicación de garantías en los acuerdos de mediación para asegurar el cumplimiento efectivo de las actas en la ciudad de Cuenca durante el periodo 2025(Universidad Católica de Cuenca., 2025) Cajamarca Cáceres , Ruth EstefaníaThis study focuses on the implementation of guarantees in mediation agreements in the city of Cuenca, aiming to analyze the extent to which these mechanisms help ensure that the agreements signed by the parties are actually fulfilled, preferably automatically at the same venue where the methodology was applied to achieve conflict resolution. It examines the current legal framework, the role of mediation centers, and users’ perceptions regarding mandatory compliance and the monitoring of assumed obligations. Qualitative data were collected on the topic, highlighting the main obstacles to implementing and enforcing agreements. The research aims to identify problems in the control systems and proposes critical and reflective thinking that can introduce stronger legal and administrative guarantees, thereby enhancing legal certainty in the mediation process. The findings aim to support the development of protocols and public policies that strengthen mediation as a reliable and effective alternative method of conflict resolution.Item type: Ítem , Access status: Acceso Abierto , El sectarismo en Cuenca y su influencia en el femicidio, aplicado a los casos de Cristina Palacio y Maribel Pinto(Universidad Católica de Cuenca., 2025) Cabrera Jiménez, Estefanía CarolinaThis research investigates manifestations of sectarianism in Cuenca and its influence on femicide cases, with a specific focus on the deaths of Cristina Palacio and Maribel Pinto as case studies from sociological and gender-based perspectives. The objective is to comprehend how cultural, religious, and social stereotypes perpetuate sectarianism and obscure gender-based violence. The study begins with an examination of sectarianism as a form of social exclusion, linked to membership in closed groups, and as expressions of power and inequality between men and women, as well as among women themselves. This research emphasizes the connection between sectarianism, patriarchal culture, and femicide violence viewed from the perspective of Cuenca society. It highlights that addressing femicide requires more than merely the enforcement of penalties; it also demands a transformation of social beliefs that marginalize women and promote inequality. This underscores the importance of reviewing public, educational, and communication policies related to gender-based violence, as well as enhancing the training of judicial actors, social communicators, and the wider community in human rights, feminism, and gender issues —not as an ideology that supersedes judges’ respect for women, but to ensure that cases are presented objectively, grounded in evidence and appropriate legal standards.Item type: Ítem , Access status: Acceso Abierto , Intervención de Trabajo social en los casos de femicidio desde un enfoque metodológico, en la Fiscalía del Azuay-Cuenca(Universidad Católica de Cuenca., 2025) Lazo Monrroy , Miriam Eulalia; Romero Vázquez, Valeria EstefaníaFemicide is considered the most extreme form of gender-based violence, becoming one of the most severe expressions of the violation of women’s human rights. In Ecuador, femicide continues to increase, reflecting structural inequality, gender stereotypes, and a limited institutional response. This research aimed to analyze the intervention of social workers in femicide cases from a methodological persepective at the Azuay-Cuenca Prosecutor’s Office, to identify limitations, challenges, and strategies in social work professional practice. A qualitative study was conducted using a descriptive and cross-sectional approach, and semi-structured interviews directed at social work professionals within the Prosecutor’s Office. Data analysis was conducted following the categories of technical intervention. The findings showed that social work intervention integrates technical, ethical, and humanistic components, allowing for a comprehensive understanding of femicide. Nevertheless, the lack of specialized professional training, weak institutional coordination, and insufficient resources for effective care were identified, concluding that social work plays a vital role in humanitarian care within the judicial system and in strengthening rights-based justice. A methodological intervention model was proposed, structured around diagnosis, care, coordination, and monitoring.Item type: Ítem , Access status: Acceso Abierto , La mala práctica profesional en medicina veterinaria y su incidencia en los derechos de los animales de compañía o mascota por falta de normativa legal(Universidad Católica de Cuenca., 2025) Mena Castillo, Edwin MateoIn Ecuador, there is no criminal penalty for the death of companion animals caused by veterinary negligence, creating a regulatory gap that enables impunity for negligent conduct against animals recognized as subjects of rights. The objective was to analyze the need to classify negligent biocide due to veterinary malpractice and determine its placement within the Comprehensive Organic Criminal Code. A comparative analytical method was used, including a study of the Ecuadorian constitutional framework and a review of the legal systems of Spain and Argentina, applying the theory of objective imputation and the proportionality test. The results revealed that none of these countries criminalizes such conduct, although they do establish direct administrative and civil penalties. In Ecuador, civil proceedings are insufficient because they require proof of damage to the guardian rather than to the animal itself, making effective redress difficult. Article 146 of the Comprehensive Organic Criminal Code provides guidance on the objective duty of care applicable to this type of conduct. It is concluded that it is necessary to reform Article 250.1 of the code, as mentioned above, to include negligent biocide due to veterinary malpractice, with a proportional penalty of 30 to 90 days of imprisonment or community service, thereby guaranteeing effective protection of the rights of companion animals without equating them with human beings.Item type: Ítem , Access status: Acceso Abierto , El tratamiento de datos personales biométricos dentro de entornos laborales en el marco de la Ley Orgánica de Protección de Datos Personales frente al principio de legalidad.(Universidad Católica de Cuenca., 2025) Carchipulla Fajardo, Mateo JosuéThe research analyzes the processing of biometric personal data within Ecuadorian work environments, in light of the principle of legality and the Organic Law on Personal Data Protection (2021). This research examines the conflict between the need for corporate control and the guarantee of fundamental rights, highlighting the importance of informational self-determination and human dignity. Biometric data, due to its unique and immutable nature, requires enhanced protection, as its misuse can violate privacy and lead to discrimination or undue control over workers. The 2008 Constitution recognized the right to personal data protection for the first time in the country, while the establishment of the Superintendency of Personal Data Protection in 2023 marked an institutional advance that is still in its beginnings. The research compares Ecuadorian regulations with international standards such as the European Union's General Data Protection Regulation (GDPR) and OECD guidelines, highlighting the need to strengthen oversight, proportionality, and free consent in labor relations. It concludes that the effectiveness of this right depends on its actual application, institutional training, and the consolidation of a legal culture that prioritizes privacy protection in the labor and technological spheres.Item type: Ítem , Access status: Acceso Abierto , Análisis dogmático y normativo de la imputación objetiva y la autoría en accidentes mortales por vehículos autónomos en Ecuador(Universidad Católica de Cuenca., 2025) Pacheco Coca, Mauricio VladimirThis research addresses the doctrinal and normative challenges posed by criminal charges in fatal traffic accidents caused by autonomous vehicles in Ecuador. The study is based on the observation of a structural gap between technological evolution and the response of criminal law, whose traditional categories—based on conscious and voluntary human action—are insufficient in the face of artificial intelligence systems capable of autonomous decision-making and execution. The objective is to analyze the scope and limitations of objective imputation and criminal liability to identify potentially responsible parties and assess the adequacy of the current legal framework, particularly the Comprehensive Organic Criminal Code (COIP, by its Spanish acronym). The methodology used is qualitative, adopting a comparative and doctrinal approach, based on criminal doctrine, Ecuadorian legislation, and comparative law from Germany, Spain, and the United States. It is determined that the theory of objective imputation is the most suitable instrument for attributing responsibility in technological contexts. However, its lack of codification in the COIP generates interpretative gaps. Furthermore, it is observed that the limitation of the criminal liability of legal persons to intentional offenses prevents manufacturers, programmers, or operators from being held accountable in cases of negligence. The research concludes that technological evolution requires a restructuring of the legal system on more flexible and functional bases, incorporating objective imputation as a guiding principle and redefining the roles of guarantors in light of the risks created by artificial intelligence, to maintain consistency between legal protection and technological progress.Item type: Ítem , Access status: Acceso Abierto , El aborto por causal de violación en Ecuador: análisis jurídico-social del acceso y aplicación de los protocolos legales(Universidad Católica de Cuenca., 2025) Piedra Guamarrigra, Carlos Andrés; Castro Guzmán, Samantha CarolinaThis study examines abortion resulting from rape in Ecuador from a legal and social perspective in order to identify the main institutional, regulatory, and cultural barriers that prevent effective access, even though it is already legally established in Article 150 of the Comprehensive Organic Criminal Code (COIP, by its acronym in Spanish), and in Ruling 34-19-IN/21 issued by the Constitutional Court. This research reviews international human rights treaties, the foundations of criminal law doctrine, and constitutional principles, including equality, dignity, and non-discrimination, to establish a legal framework aligned with the State’s obligations. Furthermore, interviews with healthcare providers and legal professionals reveal that victims lack clear and precise protocols to ensure law enforcement, intensified by cases of excessive use of conscientious objection and a shortage of medical facilities in rural and indigenous areas, reflecting a structural gap between law and practice. The study proposes improvements to the COIP regarding procedures for accessing abortion in rape cases, constitutional harmonization to protect victims belonging to groups facing double vulnerability, and training for justice operators and medical personnel to ensure the effective implementation of the right. Ultimately, the right to abortion in cases of rape becomes effective when women’s autonomy is respected, institutions are aware, and inter-institutional coordination occurs within social realities.Item type: Ítem , Access status: Acceso Abierto , La aplicación de responsabilidad penal de personas jurídicas con base en el Artículo 49 del COIP ecuatoriano(Universidad Católica de Cuenca., 2025) Quituisaca Cabrera, Diego FernandoThis research analyzes the criminal liability of legal entities in Ecuador, based on the provisions of Article 49 of the Comprehensive Organic Criminal Code. Although this figure represents progress in the fight against new forms of crime, its application is ineffective due to several factors, such as dogmatic, regulatory, and institutional limitations. From a dogmatic perspective, there is evidence of tensions with principles and concepts of traditional criminal law, such as conduct and culpability, among others, which were created and have evolved to be applied to natural persons. From a regulatory standpoint, Article 49 lacks clear definitions and does not establish sufficient criteria for consistent and rights-based prosecution. Likewise, there are several obstacles in practice due to the lack of training among justice operators, limited inter-institutional cooperation, the absence of case law, and the weak implementation of compliance programs. These factors have an impact on the social and economic spheres.Item type: Ítem , Access status: Acceso Abierto , Análisis de la existencia de requisitos de los títulos de ejecución en el Código Orgánico General de Procesos(Universidad Católica de Cuenca., 2025) Carrión Lima, Evelyn KarinaThis research aims to analyze the requirements for enforceable titles in Ecuador’s General Organic Code of Procedures (COGEP, by its acronym in Spanish), identifying the main regulatory gaps and deficiencies that impact their practical application. Through an in-depth study of the provisions in the General Organic Code of Procedures and a comparative analysis with legislation from other Latin American countries, the aim is to propose reforms that enhance clarity and legal certainty in the use of these legal instruments. The results of this research highlight the need to establish more precise and detailed regulations for enforceable titles, ensuring a fairer and more effective application of the law in enforcement proceedings. Lastly, a reform of Article 347 of the COGEP is proposed, aimed at unifying the categories of enforceable titles and executory titles –except for final judgments and other strictly judicial instruments– to provide the procedural system with consistency, clarity, and efficiency. This reform would strengthen effective judicial protection and prevent classification errors that currently occur in enforcement proceedings (National Court of Justice, 2021).Item type: Ítem , Access status: Acceso Abierto , Estudio de las causales de terminación unilateral en los contratos administrativos conforme el Art. 94 de la LOSNCP(Universidad Católica de Cuenca., 2025) Ortega Jiménez , Franklin Marcelo; Roldán Cali , Wilson GeovannyThis research paper analyzes the grounds for unilateral termination of administrative contracts in Ecuador, in accordance with Article 94 of the Organic Law of the National Public Procurement System (LOSNCP, by its acronym in Spanish). The study begins with a conceptual and doctrinal analysis of public procurement and administrative contracts, establishing their essential elements, principles, and characteristics within the Ecuadorian legal framework. The stages of the preparatory, pre-contractual, and execution contractual procedures are examined to understand the administrative dynamics that govern public management. Based on this, the concept of unilateral termination is addressed in detail, identifying the causes that motivate it, such as contractor default, unjustified suspension of work, or economic insolvency, among others, as provided by law. The methodological approach combines normative analysis with a review of relevant case law, highlighting how the public administration’s power to terminate contracts must be duly justified and comply with the principle of legality. Lastly, the research concludes that the correct application of this mechanism guarantees the protection of the general interest, transparency in the management of public resources, and a balance between the powers of the State and the rights of contractors, thus consolidating an efficient and legally secure public procurement system.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 AlexanderThis 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 AlejandroArtificial 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.
