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Item type: Ítem , Access status: Acceso Abierto , Análisis para el diseño de un marco ético para el uso de la inteligencia artificial en la carrera de Derecho de la Universidad Católica de Cuenca(Universidad Católica de Cuenca., 2025) Ulloa Romero, Génesis Skarlet; Pozo Cabrera, Pablo Arturo; 0923798011This research analyzed the ethical impact of using artificial intelligence (AI) in the Law program at the Catholic University of Cuenca, considering the growing role that tools like ChatGPT and other generative AI applications are playing in academic processes. These technologies, which have rapidly entered the educational field, have begun to be used by students and faculty for writing papers, searching for jurisprudence, generating legal arguments, and reviewing texts. Through the application of surveys to faculty and students, it was possible to gather relevant information to identify perceptions, benefits, risks, and challenges associated with the use of AI. The main concerns include potential harm to academic integrity, excessive dependency that could limit critical thinking, and inequality in access to these tools, which could widen socioeconomic gaps. However, the results also show a widespread recognition of the significant opportunities that AI offers, both for developing analytical skills and for improving academic performance and innovation in teaching and learning processes. In light of this scenario, the study proposes the creation of an institutional ethical framework that articulates principles such as transparency, faculty co-responsibility, and critical training. This framework will seek to guide the pedagogical use of AI.Item type: Ítem , Access status: Acceso Abierto , Análisis de datos sociodemográficos para la toma de decisiones en gestión educativa de nivel superior: caso de estudio graduados años 2018 – 2023(Universidad Católica de Cuenca., 2025) Barzallo Torres, Erick Andrés; Poma Japón, Diana Ximena; 0106691389This study analyzed sociodemographic data to support decision-making in higher education management in Ecuador, with an emphasis on graduates from 2018–2023. The objective was to identify the factors that influenced university access and to estimate their predictive power for supply planning. An observational approach was used, and the CRISP-DM methodology was followed. Four official sources were combined: high school graduates, university admissions, labor market indicators, and live births, organized by period and province. After cleaning and standardizing the data, K-Nearest Neighbors (k=3, distance-weighted, Euclidean metric) was used to model access. Ten-fold cross-validation was applied, and the data were split into 70% for training and 30% for testing. The results indicated that prior education and group size were the most important factors: the total number of students promoted and births accounted for most of the variance, while labor market indicators had no significance in the model. The performance reached R² = 0.701, MAE = 1,376.50, and RMSE = 2,247.21, with underestimation bias at extreme values and heteroscedasticity at high demand levels. Therefore, the conclusions suggested that planning should focus on retention and promotion in upper secondary education, using demographic-educational projections to determine the number of slots. Furthermore, it is important not to forget that there are unseen institutional and family variables that can affect access peaks. It was suggested that future research include individual data, school quality indicators, and comparisons between provinces, as well as employ mixed-methods approaches that assess cultural impact and academic outcomes, to improve evidence-based decision-making.Item type: Ítem , Access status: Acceso Abierto , Falta de participación activa de la víctima dentro del procedimiento abreviado(Universidad Católica de Cuenca., 2025) Fernández Castillo, Ángel Wilfrido; Monsalve Robalino, Bernardo Xavier; 0104994991The victim’s lack of active participation in the summary proceedings constitutes a limitation to the full exercise of his or her rights, especially the right to be heard and to obtain full reparation. In this type of criminal proceeding, which seeks speed and procedural economy through the acceptance of responsibility by the accused, the victim's participation is often reduced to a secondary or merely informative role. This situation can lead to feelings of exclusion and revictimization, as his or her interests are not duly considered in the negotiation between the prosecution and the defendant, who would be the beneficiary of the summary proceedings, despite having committed a crime and obtained a benefit. Furthermore, the lack of clear regulations on how and when the victim should intervene exacerbates this problem, undermining the principles of restorative justice and procedural fairness. It is therefore necessary to rethink the role of the victim to ensure his or her effective participation without distorting the purpose of summary proceedings.Item type: Ítem , Access status: Acceso Abierto , Modificación de los requisitos de postulación para presidentes o asambleístas de cara a las elecciones de 2025.(Universidad Católica de Cuenca., 2025) Armijos Guillén, Josué Alexander; Moreno Morejon, Fernando Patricio; 0706211026The 2008 Constitution of Ecuador and the Code of Democracy regulate the requirements for running for the Presidency and the National Assembly based on age, nationality, and the possession of political rights. However, these requirements show limited capacity to guarantee suitability and transparency in elections, which weakens public confidence in democracy. It is necessary to reform the requirements for candidacy to strengthen institutions and democracy, grounded in suitability, transparency, and ethics, without violating the political rights recognized in the Constitution and in international treaties, such as the International Covenant on Civil and Political Rights and the American Convention on Human Rights. Therefore, the debate on modifying the requirements for running for President and Assembly members in Ecuador should be seen as an opportunity to strengthen the effectiveness of democracy through our representatives or leaders, ensuring fair electoral participation and guaranteeing that those who hold these positions have the ethical, moral, and professional legitimacy that the public interest demands.Item type: Ítem , Access status: Acceso Abierto , Justicia terapéutica frente a la violencia intrafamiliar provocada por agresores con adicciones: propuesta de rehabilitación penitenciaria en Ecuador(Universidad Católica de Cuenca., 2025) Arcentales Vizhñay , Samantha Carolina; Arias Armijos, Diego Ricardo; Monsalve Robalino , Bernardo Xavier; 0150148351; 0107439507The general objective of this study was to analyze how Therapeutic Justice programs can contribute to the comprehensive rehabilitation of individuals with addictions who have been sentenced for domestic violence in Ecuador. The specific objectives were: (i) to identify the conceptual and normative aspects of domestic violence and therapeutic justice; (ii) to examine the connection between domestic violence and substance use through a structural and contextual analysis; and (iii) to propose the implementation of therapeutic justice for domestic violence associated with addictions. The methodology used was a qualitative approach through a literature review of scientific articles, books, and legal regulations. The results obtained are as follows: Chapter I consolidates fundamentals and principles; Chapter II typifies the manifestations, mechanisms, and consequences; and Chapter III designs a Therapeutic Justice-Domestic Violence-Addiction (TJ-DV-A) model, including eligibility, consent, clinical stages, judicial supervision, metrics, and a roadmap. Thus, this study concludes that there is a need to recalibrate the penal response toward coordinated therapeutic interventions to reduce harm and recidivism, strengthen capacities, and ensure continuity of care.Item type: Ítem , Access status: Acceso Abierto , Análisis legal y reglamentario de: cuales son los derechos, garantías y beneficios penitenciarios de los privados de la libertad, periodo 2022-2024 Centro Turi(Universidad Católica de Cuenca., 2025) Molina Ramones, Ana Gabriela; Pozo Cabrera, Pablo Arturo; 1400964670The rights granted to persons deprived of liberty once they have received a final and enforceable sentence are relevant, as the highest constitutional law of the country has determined that persons deprived of liberty are groups requiring priority and specialized attention in both the public and private spheres. It is essential to respect the rights granted to them since guaranteeing these rights ensures proper coexistence within detention centers, as well as genuine reintegration and comprehensive rehabilitation. The analysis of constitutional, legal, and regulatory norms will be studied within this project to identify and understand the benefits related to health, education, work, family visits, and rehabilitation, as well as to examine prison benefits such as closed, semi-open, and open regimes, administrative and judicial transfers, framing all these concepts within topics applied to administrative legal practice. By distinguishing between the powers of the prison authorities and the legal powers of the collegiate body of the National Service for Comprehensive Care for Adults Deprived of Liberty and Adolescent Offenders, it will be concluded whether these functions should be or form part of each of the aforementioned entities. Finally, the purpose of this thesis project is to help both students and professionals in understanding prison benefits and how to implement them to achieve these benefits.Item type: Ítem , Access status: Acceso Abierto , La comercialización de productos farmacéuticos falsificados y la reparación integral a las víctimas(Universidad Católica de Cuenca., 2025) Novillo Fajardo, Lenin Damián; Moreno Morejón , Fernando Patricio; 0106229289The fundamental right to health is undermined by the counterfeiting of medicines, a business that endangers consumer health. In Ecuador, the counterfeiting of medicines is penalized under the Organic Comprehensive Criminal Code (COIP, by its Spanish acronym). Additionally, the Agency for Regulation, Control, and Sanitary Surveillance (ARCSA, by its Spanish acronym) was established as part of the measures adopted by the State to fulfill its obligations to guarantee access to quality, safe, and effective medicines. However, these measures do not have sufficient impact on rights as important as health, especially when we observed that most victims lack access to adequate reparation, as no surveys have been conducted to identify them. Therefore, by becoming aware of the consumption of such medicines, these victims may resort to jurisdictional guarantees to assert their right to comprehensive reparation, adopting various measures to restore the violated right to its previous state.Item type: Ítem , Access status: Acceso Abierto , Análisis jurídico del despido ineficaz frente al visto bueno solicitado por trabajadores con fuero de estabilidad reforzada.(Universidad Católica de Cuenca., 2025) Jiménez Granda , Verónica Yadira; Carpio Flores, Luis Manuel; 0105276935In Ecuador, the "visto bueno" (approved dismissal) is a legal mechanism established in the Labor Code that allows both employers and employees to request the termination of an employment relationship for justified reasons. When requested by the employee, the visto bueno serves as a protective measure against serious employer misconduct that violates the worker's rights. The right to work is a fundamental principle also enshrined in the Constitution of the Republic, guaranteeing the stability and protection of all workers—especially those in vulnerable situations, such as pregnant women, those in the postpartum period, and union leaders. Article 172 of the Labor Code states that an employee may request the "visto bueno" in cases such as non-payment of wages, workplace harassment, unilateral changes to the employment contract, or breach of the agreed-upon conditions; therefore, employees are not obligated to remain in a hostile work environment or under unfair conditions. In conclusion, the "visto bueno" requested by an employee is a key mechanism in Ecuadorian labor legislation that strengthens balance in labor relations and enables a fair resolution in cases of abuse or breach.Item type: Ítem , Access status: Acceso Abierto , Importancia de la prueba pericial en el delito de reclutamiento de menores en organizaciones delictivas en el cantón Arenillas.(Universidad Católica de Cuenca., 2025) Rodas Alvarado, Luis Eduardo; Campoverde Sandoval, Ornella Yulianna; Pacheco Solano, Jaime Alberto; 0107761306; 0704694926Organized crime threatens public security and the stability of the State by recruiting minors, taking advantage of their lack of criminal responsibility to commit crimes, maintain territorial control, and achieve economic growth. This research analyzes this phenomenon in Ecuador from a legal-criminal and doctrinal perspective, aiming to strengthen the juvenile justice system and protect the rights of children and adolescents. A qualitative methodology was used, based on a review of national and international legislation and documentary analysis on organized crime, recruitment of minors, and the effects of socio-educational measures and rehabilitation programs. In addition, interviews were conducted with justice administrators and a prosecutor specializing in juvenile offenders. The results revealed shortcomings in the fulfillment of the objectives of socio-educational measures and rehabilitation programs, which fail to disengage minors from criminal networks. Given this situation, it is concluded that structural adjustments to the juvenile justice system are necessary to balance the rights of minors with the victims’ demands for justice, and to strengthen rehabilitation programs and policies aimed at reducing minors’ involvement, recidivism, and recruitment into criminal activities.Item type: Ítem , Access status: Acceso Abierto , Aplicación de la acción de daños y perjuicios de manera autónoma, como un mecanismo de reparación en los contratos bilaterales(Universidad Católica de Cuenca., 2025) ORDOÑEZ OCHOA, PAUL DANIEL; CULCAY VILLAVICENCIO, IVÁN; 0104654199Contract law originates from the enforcement of consumer rights. In developing these procedures, modern doctrine supports the view that the action for damages is autonomous—an interpretation that complicates the creditor's full compensation. This study aimed to analyze the criteria of the Chilean Supreme Court and its evolution. To this end, it is proposed to determine how the action for damages, when applied autonomously, could function more efficiently as a contractual reparation mechanism and how the procedure for claiming this action is established under Ecuadorian regulations. A systemic socio-legal methodology was applied, supported by the exegetical method. The law of damages, and consequently, the compensation system for damages, requires establishing criteria, instruments, or mechanisms for valuing and liquidating essential assets or guarantees. There are no grounds to deny the autonomy of compensation for damages concerning other legal protection mechanisms, whether interpreted as the original breach obligation or as a new one.Item type: Ítem , Access status: Acceso Abierto , Derecho de repetición de obligados subsidiarios en un proceso de alimentos ante la incapacidad laboral del alimentante principal.(Universidad Católica de Cuenca., 2025) Calle Álvarez, Gabriel Misael; Gallegos Avendaño, Mónica Cecibel; 0105501274This research addresses the topic of subsidiary obligors in the right to child and adolescent maintenance. Specifically, it focuses on the right of recourse against the primary provider when they assume payment for the corresponding child support. This is established in the Code of the Childhood and Adolescence in Article 5 of Title V, Chapter 1, which states that they may subsequently exercise this right against the primary provider. Additionally, the violation of the patrimonial and economic rights of subsidiary obligors to exercise the payment of an obligation that does not initially correspond to them will be analyzed. When the primary provider is affected, they cannot exercise the right of recourse recognized by Ecuadorian law. This is not mentioned anywhere in the legal system except for the Childhood and Adolescence Code. Legal bodies such as the General Organic Code of Procedures (COGEP by its Spanish acronym) or the Civil Code acquire another significance related to administrative issues or payments of what is not due. In summary, the real, permanent, and significant affectation of the primary provider's ability to provide for themselves causes those paying on behalf of the affected provider to have their rights and patrimony violated.Item type: Ítem , Access status: Acceso Abierto , La autopuesta en peligro de la víctima como una conducta típica objetiva en el Ecuador.(Universidad Católica de Cuenca., 2025) Millán Torres, Lalia Camila; Pozo Cabrera, Pablo Arturo; 0704981083This article will examine the concept of self-endangerment, a principle in legal theory that determines the limitation of criminal imputation in cases where responsibility for the consequences of a harmful event is attributed to the victim of the crime. It occurs when the victim exposes themselves through a particular action to an impermissible risk and danger that infringes upon their legal rights. Consequently, the victim’s behavior and its implications within victimology will be studied. The starting point will be the definition of the elements that constitute the concept of “self-endangerment” to establish the moment when an action creates a risk to the victim’s interests. Furthermore, a critical analysis of actions undertaken by the victim at their own risk will be conducted, framed within the theory of objective imputation and the principle of self-responsibility.Item type: Ítem , Access status: Acceso Abierto , La presunción de máxima embriaguez y su impacto en el debido proceso y presunción de inocencia en Ecuador(Universidad Católica de Cuenca., 2025) Angamarca García, Yessenia Beatriz; Monsalve Robalino, Bernardo Xavier; 0302948393This thesis addresses the presumption of maximum intoxication as defined in Article 464, numeral 5 of the Comprehensive Organic Criminal Code (COIP by its Spanish acronym), and how it violates the application of due process and the presumption of innocence in misdemeanor traffic proceedings for driving under the influence of alcohol. Therefore, the main objective of the research was to analyze and describe the impact of sanctioning a driver based on simple presumptions. A methodology with a qualitative approach and a non-experimental, descriptive method was proposed. For the theoretical development, we relied on the review of bibliographic documentation, scientific databases, doctrine, and comparative law. According to the analysis carried out, it is concluded that a presumption is not enough to entail criminal responsibility. Therefore, a legal reform is proposed to create a specific criminal offense and for the legislator to determine whether the refusal to undergo verification tests should be considered a crime or a misdemeanor, without implying, without evidence, that the driver was under the influence of alcohol.Item type: Ítem , Access status: Acceso Abierto , La terminación de los nombramientos provisionales sin contar con el ganador del concurso de méritos y oposición como vulneración de los derechos al trabajo y la seguridad jurídica(Universidad Católica de Cuenca., 2025) Benavides Arévalo, Marco Steven; Crespo Crespo, Miguel; 0106990195In Ecuador, provisional appointments are issued by the appointing authorities to fill vacant positions. These appointments end once a merit-based competition is conducted, ultimately declaring a winner and leading to a permanent appointment. This approach aims to highlight the administration's failure to perform such merit-based competitions, which results in the arbitrary dismissal of employees. The research examines and identifies connections among legal doctrines, court rulings, and comparative law. To end provisional appointments, it must be ensured that the conditions recognized in the legal frameworks of our legislation are fulfilled, ensuring that the rights to work and legal certainty are not undermined or violated.Item type: Ítem , Access status: Acceso Abierto , La declinación de competencia de la justicia indígena en Ecuador. Análisis jurisprudencial desde la última conformación de la Corte Constitucional(Universidad Católica de Cuenca., 2025) Alvarez Aguirre , Said Mateo; Piedra Cárdenas, Emmy Yuleise; Pinos Jaén, Camilo Emanuel; 0150529279; 0705945384This paper analyzes the jurisdiction and transfer of jurisdiction from the ordinary justice system to indigenous justice in Ecuador, based on the study of the decisions of the Constitutional Court during its latest conformation. The qualitative research used inductive-deductive and analytical-synthetic methods based on normative analysis, international instruments, and relevant rulings. It became evident that, although legal pluralism is recognized in the Constitution, its practical application faces tensions regarding the coordination between the ordinary and indigenous jurisdictions. The jurisprudence of the Constitutional Court established important parameters to delimit the scope of indigenous justice and regulate the transfer of jurisdiction, although there are still challenges in the consolidation of an effective dialogue between systems. It is concluded that strengthening intercultural coordination is essential to guarantee the effectiveness of legal pluralism and the collective rights of indigenous peoples and nationalities in Ecuador.Item type: Ítem , Access status: Acceso Abierto , Reforma a la ley de datos para integrar el uso y control de IA en la gestión y procesamiento de datos(Universidad Católica de Cuenca., 2025) Criollo Vera, Christian Adrián; Martínez Albornoz, Juan Pablo; 0105755185This research examines the urgent need to reform the Ecuadorian legal framework on personal data protection, aiming to effectively integrate the use and control of artificial intelligence (AI) in information management and processing. Currently, AI is an essential tool for optimizing processes across multiple sectors; however, its application presents complex challenges related to privacy, security, transparency, accountability, and legal responsibility. The lack of specific regulations that address these issues can result in violations of data subjects' rights and the disproportionate or improper use of automated technologies without adequate oversight mechanisms. The study presents a critical analysis of Ecuadorian regulatory developments in data protection, contrasting them with international standards and regulatory models implemented in other jurisdictions. Furthermore, it incorporates guiding principles that, while not yet codified, are fundamental to building a robust legal framework. Based on this analysis, a legislative reform is proposed to ensure a balance between technological innovation and the protection of fundamental rights through the creation of legal instruments that enable monitoring, auditing, and the ethical and accountable use of AI.Item type: Ítem , Access status: Acceso Abierto , El dolo eventual y su aplicación en el sistema jurídico ecuatoriano(Universidad Católica de Cuenca., 2025) Villavicencio Calovi, Alejandro; Hidalgo Palacios, José Felipe; 0104891155This research analyzes the theories of eventual malice in criminal law, with an emphasis on their application in the Ecuadorian legal system. The study begins with a central issue: the lack of express regulation of eventual malice in the Comprehensive Organic Criminal Code (COIP, by its Spanish acronym) of Ecuador, which leads to legal gaps and inconsistencies in jurisprudence—mainly in cases where the perpetrators assume serious risks to protected legal interest such as life, health, or the environment, and are not adequately punished due the absence of direct intent. Through a comparative analysis of doctrinal theories, it will be identified that the combination of Claus Roxin (normative decision against the protected legal interest) and Günter Stratenweth (taking the risk seriously) proposals offers the most appropriate framework for Ecuador. This hybrid theory overcomes the limitations of classical approaches based on subjective will by prioritizing awareness of the risk (e.g., ignored technical reports) and conscious acceptance of the outcome (e.g., prioritizing profits over safety measures). The study demonstrates through landmark cases in Ecuador that the courts often classify behaviors as recklessness that, under the Roxin-Stratenweth theory, should be considered eventual malice. This leads to impunity and fails to protect constitutionally protected legal interests (Article 66 of the Constitution). As a central proposal, a reform to the COIP is proposed to incorporate eventual malice under the definition “A person acts with eventual malice when, in spite of foreseeing the high risk of harming a protected legal interest, decides to carry out the action or omission, accepting such outcome as a probable consequence.”Item type: Ítem , Access status: Acceso Abierto , Responsabilidad civil del médico, el daño(Universidad Católica de Cuenca., 2025) Gavilanes Yepez, Nathaly Steffania; Culcay Villavicencio, Iván Patricio; 0106665060This paper examines physicians’ civil liability in Ecuador, with emphasis on the lack of specific regulations governing damages caused in medical practice. The research identifies legal gaps that generate uncertainty for both patients and healthcare professionals, and proposes solutions to strengthen legal certainty in this area. The current legal framework is studied, including the Constitution, the Civil Code, the Comprehensive Organic Criminal Code, and relevant case law. Furthermore, international experiences from countries such as Spain, Chile, and Colombia, which have developed clearer regulatory frameworks, are compared. The research employs a mixed-methods approach (qualitative-quantitative), combining doctrinal analysis with a field study. It concludes that the absence of specific legislation affects the protection of patients' rights and the professional safety of physicians. As a solution, a legal reform is proposed that defines medical harm as an autonomous legal concept, establishes standards of medical care, and develops mechanisms for prevention and conflict resolution, including specialized courts and mandatory mediation systems.Item type: Ítem , Access status: Acceso Abierto , Incidencia de la sentencia 71-21-IN/25 en los derechos de autonomía individual, intimidad familiar y protección de la familia en Ecuador(Universidad Católica de Cuenca., 2025) Molina Iñiguez, Karen Valentina; Robles Fernández, Paul Andrés; 0106468432This research analyzes the Constitutional Court's interpretation in ruling 71-21-IN/25 and its impact on the recognition of individual autonomy, family privacy, and family protection within the framework of the modernization of family law in Ecuador. To this end, the arguments presented in the majority rule and its concurrent and saved votes are reviewed; international regulations on no-fault divorce are examined; and finally, a critique of the analyzed ruling is offered. Based on this analysis, it is concluded that ruling 71-21-IN/25 issued by the Constitutional Court is not compatible with the development of the rights of the Ecuadorian family and contemporary society; furthermore, it violates and restricts the rights of individual autonomy, family privacy, and family protection, among others. The research is developed with a qualitative, non-exploratory approach, which allows for exploring the depth of the complexity and problems involved in the Constitutional Court's interpretation of the grounds for contested divorce in Ecuador.Item type: Ítem , Access status: Acceso Abierto , Análisis jurídico de la sentencia 1-11-EI/22 en el contexto de la aplicación del principio de imparcialidad(Universidad Católica de Cuenca., 2025) Ponce Ponce, Daniel Alexander; Miranda Solís, Erick Matias; Robles Fernández, Paul; 0106138076; 0107412470There are constitutional principles that can govern a legal system. In the case of Ecuador, its 2008 constitution emphasizes the principle of impartiality as an essential pillar for the administration of justice. However, it is important to underscore that legal and/or judicial mechanisms such as voluntary abstention (excuse) and challenge (recusation) also exist, which aim to safeguard the objectivity of a judge or competent authority and strengthen the judicial system. In Ecuador, indigenous justice is recognized as a form of autonomous administration for these indigenous peoples and communities, the same sovereignty granted by Ecuador's ordinary legislation, and aims to preserve ancestral customs. In that sense, Judgment 1-11-EI/22 of the Constitutional Court of Ecuador addresses the principle of impartiality in the "Chukidel Ayllullakta" community in the Saraguro canton, in the province of Loja. This judgment denounces the lack of impartiality of one of the representatives of the indigenous commission of this community and similarly alleges the violation of due process. This generates a clear debate: Does indigenous justice violate the rules of due process by not guaranteeing the application of mechanisms such as voluntary abstention and challenge by the principle of impartiality?
