Trabajos de Titulación - Derecho
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Ítem Acceso Abierto Análisis del sistema de progresividad dentro de la rehabilitación social en el centro de rehabilitación social Turi – Cuenca.(Universidad Católica de Cuenca., 2025) Arévalo Tocachi, David Sebastián; Guerra Peláez, Ruth Jacqueline; Monsalve Robalino , Bernardo Xavier; 0105722706; 0107001034The study conducted at the Turi Social Rehabilitation Center in Cuenca, Ecuador, focused on evaluating the impact of the 2019 reforms to the Ecuadorian Comprehensive Organic Criminal Code (COIP, by its Spanish acronym) on the social rehabilitation of prisoners. Specifically, the study sought to understand how the legislative changes affected the implementation of a progressive treatment system within the penitentiary. The methodology used was qualitative, incorporating dogmatic, exegetical, and analytical-synthetic approaches, which enriched the interpretation of the study of the legal reforms and their implications for prison practices. As a result, participants indicated that the restrictions of the COIP, especially concerning access to semi-liberty and parole regimes, created barriers to the resocialization of prisoners due to limited access to mobility between the different levels of the prison hierarchy. This meant that many well-behaved prisoners could not access transitional opportunities that would aid in their social reintegration. Furthermore, overcrowding and inadequate prison facilities were also identified as contributing to the ineffectiveness of rehabilitation programs. In conclusion, the research determined that the COIP reform has failed to achieve the objective of social reintegration due to the restrictions imposed and the lack of relevant resources for effective and adequate rehabilitation. It was suggested to address legislative change with a comprehensive approach, increase the infrastructure of penitentiary centers, and formulate a more flexible system that responds to the rehabilitation needs of inmates.Ítem Acceso Abierto La responsabilidad penal médica conforme el artículo 218 del Código Orgánico Integral Penal: análisis normativo(Universidad Católica de Cuenca., 2025) Yambay Díaz, Angie Del Carmen; Pacheco Solano, Jaime Alberto; 0750286395This study analyzes medical criminal liability under Article 218 of the Comprehensive Organic Criminal Code (COIP, by its Spanish acronym), highlighting the lack of precision in regulating medical neglect and the risks of disproportionate punitive application. It examines how the law does not clearly distinguish between intentional or negligent omission by a healthcare professional and situations in which the lack of care is due to external factors, such as a lack of supplies, work overload, or structural deficiencies in the healthcare system. From the perspective of penal guarantees and minimal criminal law, the importance of limiting the intervention of criminal law only to cases of gross negligence is highlighted, avoiding the unjust criminalization of physicians due to circumstances beyond their control. The lack of objective criteria in Ecuadorian regulations can lead to legal uncertainty and affect the provision of healthcare services. In this context, it is concluded that it is necessary to reform the COIP to guarantee a proportional and adequate legal framework that protects both patients' rights and the security of healthcare professionals.Ítem Acceso Abierto Análisis de las acciones afirmativas en los concursos de méritos y oposiciones de docentes del distrito zonal 6 del cantón Cuenca(Universidad Católica de Cuenca., 2025) Ávila Durán, María Belén; Carrasco Loyola, Juan José; 0105338024This paper analyzes the procedure developed to fill teaching vacancies in the Ecuadorian public sector, along with each phase of the process that applicants undergo to join the teaching community, emphasizing the transparency with which these procedures are conducted. Additionally, the mechanisms implemented by the State to safeguard and guarantee the effectiveness of the right to education for all children and adolescents were examined. From a legal perspective and through a qualitative method, this study explores how the State guarantees equal access to opportunities for all individuals, in accordance with the principles of formal and substantive equality and non-discrimination, as contemplated in our Constitution. The findings reveal a somewhat different and questionable reality regarding the true nature of affirmative actions.Ítem Acceso Abierto Visibilización de la violencia estructural por identidad de género a través del transfemicidio en Ecuador: Un análisis con derecho comparado(Universidad Católica de Cuenca., 2025) Sánchez Díaz, Vanessa Estefanía; Monsalve Robalino, Bernardo Xavier; 0107328445The research addresses the issue of transfemicide in the context of Argentina, Ecuador and Mexico; transfemicide is defined as the murder of trans women because of hatred towards their gender identity, reflecting the systematized structural violence that has contributed to cycles of discrimination and violence (Parrales,2023). In Ecuador, even with the progress of legal regulations on LGBTQI+ rights such as the decriminalization of homosexuality or equal marriage with the 2008 constitution, there are still high rates of violence against this community and it has worsened with the lack of criminalization and public policies to protect their rights, Argentina shows progress in terms of rights as it is characterized by the implementation of effective public policies that have contributed to the decrease in rates of structural violence against women, which has made this problem visible, however, it has shown challenges in its correct application. In the three countries there are common factors at the moment of making visible the statistics since poverty, social exclusion, lack of employment, poor access to adequate health systems, limited access to justice and sex work are the predominant factors, thefight against transmicide not only requires a typification in normative bodies but also the Visibilization of structural violence to form a collective conscience.Ítem Acceso Abierto Análisis de la presunción de inocencia en sentencias absolutorias que mantienen medidas de protección en casos de violencia contra la mujer(Universidad Católica de Cuenca., 2025) Vallejo Fajardo, James Matthew; Monsalve Robalino, Bernardo Xavier; 1723099576The presumption of innocence is a basic guarantee of the right to due process, considered one of the fundamental principles of current criminal law. It is regulated by the Constitution of the Republic of Ecuador (2008), the Comprehensive Organic Criminal Code, and other international human rights treaties. However, in the context of violence against women and family members, cases have been identified in which, despite acquittals, protection measures are upheld, potentially violating this right. This study examines the legal justification for these measures and their implications for the rights of the accused through an analysis based on various methodologies, such as the inductive-deductive method, legal exegetical analysis, and legal dogmatics. It is evident that the continued enforcement of protective measures following an acquittal may violate the right to presumption of innocence due to the lack of sufficient legal basis for their application once a verdict of innocence has been reached. This situation creates a conflict in legal practice that should be reviewed in accordance with national and international norms.Ítem Acceso Abierto Impacto de la inteligencia artificial en el sistema legal ecuatoriano para la resolución de los conflictos(Universidad Católica de Cuenca., 2025) Orellana Lucero, Carlos Enrique; Culcay Villavicencio, Iván Patricio; 0105079883This research paper examines how the exponential advancement of technology has directly influenced society and, thus, the daily lives of individuals who are generally immersed in the use of technological devices. As a result, legal science has had to start regulating its use several decades ago; however, the positive factors of technology are evident. Therefore, this research article directly analyzes the relationship between technology and law and thus presents the possible inclusion of artificial intelligence in the judicial systems of each country, with special emphasis on Ecuador, as this country presents a series of inefficiencies in the processing of court cases, especially the lack of procedural celerity and other aspects that cause dissatisfaction among users.Ítem Acceso Abierto Desafíos de la responsabilidad civil extracontractual por el uso de inteligencia artificial en la legislación ecuatoriana.(Universidad Católica de Cuenca., 2025) Sánchez Correa, Nixon Rogelio; Calle Masache, Nube Catalina; 0150026482Extra-contractual civil liability could present several legal challenges regarding damages caused by intelligent systems. This issue arises from various circumstances, such as the lack of a unified concept of what artificial intelligence is, the absence of regulations on artificial intelligence within the Ecuadorian legal system, and the inherent characteristics of intelligent systems, such as opacity, interconnectivity, complexity, and autonomy. In the global context, the use of artificial intelligence, as well as its incorporation into various sectors, has grown significantly, which implies that people may be exposed to the damages and inherent dangers of intelligent systems. This situation has led several states globally to seek regulatory solutions to this problem. In the case of Ecuador, there is still no specific regulation governing artificial intelligence; however, several draft bills have already been submitted for this purpose, and they are influenced by the European Union's Artificial Intelligence Act.Ítem Acceso Abierto Entre la seguridad y la justicia: un análisis crítico a la inserción de la figura del juez sin rostro en Ecuador y su impacto en el bloque de constitucionalidad(Universidad Católica de Cuenca., 2025) Cunalata Montenegro , Ana Belén; Villacis Luzuriaga, Ashley Maylin; Vallejo Cárdenas; 0106124860; 0706805033The legal figure of faceless judges has been attempted in some countries, especially those with serious security problems due to drug trafficking and organized crime. However, some positions suggest this figure contradicts the fundamental rights of defendants. Therefore, this research proposed a theoretical, jurisprudential, and comparative analysis, exploring conceptual and practical approaches to its incompatibility with constitutional principles. A comparative study was also conducted on the implementation of concepts similar to faceless judges in other legal systems, analyzing their nature, foundations, scope, and impact on the legal system. This demonstrates how their implementation in Ecuador creates direct tension with the constitutional principles of publicity, due process, and effective judicial protection. In conclusion, this implementation violates human rights and the criminal process's rights, undermining the legitimacy, trust, and transparency of the justice system.Ítem Acceso Abierto Entre la seguridad y la justicia: un análisis crítico a la inserción de la figura del juez sin rostro en Ecuador y su impacto en el bloque de constitucionalidad(Universidad Católica de Cuenca., 2025) Cunalata Montenegro, Ana Belén; Villacis Luzuriaga, Ashley Maylin; Vallejo Cárdenas, Paola Priscila; 0106124860; 0706805033This research analyzes the legal implications of the termination of legal representation due to the death of the principal. The study of existing regulations allows for the identification of contradictions between the Civil Code and the General Organic Code of Processes (COGEP, by its Spanish acronym), thereby enabling an evaluation of the effects of post-mortem representation. The first section examines the historical background of the mandate and judicial representation, as well as the legal provisions of the Civil Code that regulate the termination of the mandate, including the cause of death. The second section identifies the regulatory contradictions that arise with the provisions of Article 45 of the COGEP, and the regulatory conflicts these provisions generate in the practice of the profession. The third section, in order to strengthen the research, conducts a comparative analysis of the legislation from Latin American countries such as Argentina and Chile, which, like Ecuador, have similar civil code but with variations in their procedural provisions. In addition, by implementing a qualitative methodology, valuable insights from legal professionals, including judges and practicing attorneys, are included.Ítem Acceso Abierto Análisis de los efectos de la infiltración del crimen organizado en la justicia ecuatoriana(Universidad Católica de Cuenca., 2025) Duque Chuchuca, Johnny Mauricio; Hidalgo Palacios, José Felipe; 0151105830This paper analyzes the impact of the infiltration of organized crime into the Ecuadorian judicial system and how this results in acts of corruption within the public institution responsible for safeguarding the rights of society. It examines different concepts through a doctrinal, jurisprudential, and legal framework to identify the operation of these phenomena within the State and their consequences. Furthermore, it addresses a specific case demonstrating how this influence has undermined the Ecuadorian justice system. It emphasizes the importance of strengthening the transparency of judicial institutions and their officials. The study concludes by advocating for legal reforms and the implementation of necessary public policies to address the issues affecting society's coexistence, thereby ensuring an effective, transparent, and resilient judicial system against the challenges it faces.Ítem Acceso Abierto La eficacia de una normativa especial que regule el uso de la inteligencia artificial para evitar ciber-delitos en el Ecuador(Universidad Católica de Cuenca., 2025) Andrade Arias, Wellington Mateo; Yurank Tsamaraint, Luis Alberto; Martinez Albornoz, Juan Pablo; 0150747368; 1725573859This research examines the need for specialized legislation to prevent cybercrimes in Ecuador. During the pandemic and post-pandemic eras, the rate of cybercrime has increased considerably. Countries such as Mexico, Brazil, and Ecuador have reported the highest number of cybercrimes due to the emergence of new digital tools that have gained considerable popularity. However, the malicious use of technology has led to an increase in cybercrimes within the Ecuadorian state. If Ecuador plans to implement regulations concerning Artificial Intelligence, it should be incorporated into the Organic Law on Personal Data Protection. This legal body was established in 2021 and is responsible for regulating data processing; however, in its eighty-six articles, none mentions regulating artificial intelligence, nor does it guarantee the prevention of cybercrimes.Ítem Acceso Abierto Implicaciones legales de la terminación de la procuración judicial por muerte del mandante – Análisis de legislación comparada(Universidad Católica de Cuenca., 2025) Fajardo Agudo, Luisa Alexandra ; Verdugo Segovia, Brando Leonardo; Parra Vicuña, Raúl Mauricio ; 0106990047 ; 0106842941This research analyzes the legal implications of the termination of legal representation due to the death of the principal. The study of existing regulations allows for the identification of contradictions between the Civil Code and the General Organic Code of Processes (COGEP, by its Spanish acronym), thereby enabling an evaluation of the effects of post-mortem representation. The first section examines the historical background of the mandate and judicial representation, as well as the legal provisions of the Civil Code that regulate the termination of the mandate, including the cause of death. The second section identifies the regulatory contradictions that arise with the provisions of Article 45 of the COGEP, and the regulatory conflicts these provisions generate in the practice of the profession. The third section, in order to strengthen the research, conducts a comparative analysis of the legislation from Latin American countries such as Argentina and Chile, which, like Ecuador, have similar civil code but with variations in their procedural provisions. In addition, by implementing a qualitative methodology, valuable insights from legal professionals, including judges and practicing attorneys, are included.Ítem 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; Villavicencio, Iván Culcay; 0104654199Ítem Embargo Proyecto de Titulación embargado con fines de publicación de impacto.(Universidad Católica de Cuenca., 2025) Salas Aguilar, Mateo Santiago; Monsalve Robalino, Bernardo Xavier; 0105176838Ítem Acceso Abierto La vulneración al derecho de recurrir en el auto a llamamiento a juicio(Universidad Católica de Cuenca., 2025) Peña Panta , Víctor Andrés; Monsalve Robalino, Bernardo Xavier; 02100945738The Constitution of the Republic of Ecuador, in article 76, numeral seven, subsection m, enshrines the right to appeal rulings and resolutions in all proceedings in which decisions are made regarding an individual's rights. The Code of Criminal Procedure from the year 2000 explicitly recognized the right to appeal the order to stand trial. However, this right was suppressed through a reform of this legal framework. This exclusion remains in force in the Comprehensive Organic Criminal Code. The contradiction between the constitutional norm and criminal legislation raises questions about the compatibility of the exclusion of the appeal of the order to stand trial with constitutional standards. This inability to appeal is considered a restriction on the exercise of the right to appeal, the right to defense, the principle of progressivity, and the effective judicial protection. This study analyzes the violation of these constitutional rights, particularly the constitutional right to appeal, due to the exclusion of the appeal against the order to stand trial in the criminal procedural legal system. The research was carried out from a qualitative approach through a literature review, conceptual research to delve into the doctrinal definition of constitutional rights, and the Analytical Exegetical method, determining that in Ecuadorian criminal regulations, particularly concerning the exclusion of the appeal, constitutional guarantees are violated, specifically the right to appeal.Ítem Acceso Abierto Incorporación del testamento verbal en el sistema sucesorio ecuatoriano(Universidad Católica de Cuenca., 2025) Guzmán Aldas, Genesis Mikaela; Sánchez Sarmiento, Marcela Paz; 0150711067This research aims to establish the feasibility of incorporating the oral will into the legal system in Ecuador. The current state of the country reflects a limited culture of making wills, which leads to various societal conflicts, such as a large number of judicial proceedings for inventory and division of assets, and legal problems among the deceased’s family members, all due to the limitations and restrictions of the current civil legal framework, which only regulates open, closed, and privileged wills. The current situation demands the incorporation of the oral will since technological and digital tools can be used, with strict adherence to how this type of will is regulated in foreign legislation, using Spain’s legislation as the main model. Therefore, the oral will should be regulated with specific conditions, that is, only for certain individuals, such as older adults and those with catastrophic illnesses. It should be considered that the will can be made electronically and in person, but always with the virtual or physical presence of the notary and two competent witnesses.Ítem Acceso Abierto Legislación de la maternidad subrogada en el Ecuador desde una perspectiva de género: un conflicto jurídico o una disputa ética(Universidad Católica de Cuenca., 2025) Cordero Medina, Luciana; Vallejo Cárdenas , Paola Priscila; 0107622094Surrogacy is a legal and social phenomenon that has generated intense debate in human rights, reproductive autonomy, and comparative law. In Ecuador, the lack of precise regulation has created legal gaps that affect the legal security of gestational mothers, intended parents, and, primarily, the rights of children born through this technique. This study addressed the possible inclusion of surrogacy in Ecuadorian law from a gender perspective, analyzing its impact on the protection of fundamental rights and the challenges posed by its regulation. This research examined the implications of surrogacy on the dignity of women, the child's parentage, and potential economic exploitation. Three main approaches were identified through the analysis of international legislative models: total prohibition, regulated altruistic surrogacy, and regulated commercial surrogacy. In this regard, this study highlights the need to incorporate a comprehensive regulatory framework in Ecuador that guarantees the best interests of the child, establishes protection mechanisms for surrogate mothers, and prevents the commodification of the female body.Ítem Acceso Abierto La indebida aplicación de los contratos de prestación de servicios como medios para la explotación laboral en el contexto actual ecuatoriano.(Universidad Católica de Cuenca., 2025) Martínez Almachi, Juan Mateo; Calle Masache, Nube Catalina; 0105189260In Ecuador, there are numerous employment contracts that enable the hiring and performance of professionals in specific fields. These contracts grant rights upon their execution in accordance with the country’s current regulations. Among these contracts are service provision contracts related to the execution of a specific project. Within these contracts, certain flaws establish labor violations of workers' rights. To date, there is no regulation regarding how workers performing certain tasks should be protected. Through an analytical study and qualitative methodology, the research identifies the violation of labor rights and proposes professional prevention measures to defend and enforce these rights across various employment sectors where workers are hired. Additionally, emphasis is placed on the application of international and local regulations to determine the rights violated under these types of contracts. Several solutions and recommendations are presented to prevent labor rights violations based on the implementation of international regulations that could serve as a precedent in our legal framework to protect the rights of those considered the weaker party in the employment relationship—particularly those who lack any stipulation within Ecuador's legal system.Ítem Acceso Abierto Las limitaciones del sistema judicial penal en la evaluación de las personas con presunto trastorno mental.(Universidad Católica de Cuenca., 2024) Segovia Ulloa , Juana Catalina; Pacheco Solano, Jaime Alberto; 0150072429This study focuses on analyzing the limitations of the Ecuadorian criminal justice system in the evaluation of individuals with a suspected mental disorder. It has been verified that in certain criminal cases, the accused or defendant has not been properly evaluated, resulting in a violation of the legal norm regarding the non-imputability of individuals with mental disorders, which consequently aggravates the citizen's situation. Additionally, the research identifies a lack of neuropsychiatry experts duly accredited by the Judiciary, as well as a lack of public policies for the prevention and treatment of mental illnesses in Ecuador, despite the Comprehensive Organic Criminal Code and the Organic Law on Mental Health mandating proper treatment for individuals diagnosed with some type of mental disorder. In this regard, it is urgent to provide training to justice operators, increase the number of specialized experts, and finally, increase state investment in the prevention and treatment of mental disorders.Ítem Acceso Abierto Análisis a la incapacidad que tienen los menores de edad emancipados para realizar un testamento(Universidad Católica de Cuenca., 2025) Llivicura Matute, Sandra Gabriela; Vera Barros, Israel Alexander; Culcay Villavicencio, Iván Patricio; 0106392319; 0150546620This study analyzes the legal incapacity of emancipated minors to make a will in Ecuador despite having acquired autonomy in other legal areas. The Civil Code establishes that a will is a legal act by which a person disposes of their property after death. However, Article 1043 stipulates that minors under eighteen years are incapable of making a will, even if they are emancipated. Emancipation terminates parental authority and grants the minor powers typically reserved for adulthood, such as the administration of property and the ability to enter into contracts without the authorization of their legal representatives. Nevertheless, this capacity is restricted in testamentary matters, generating a normative contradiction violating the principle of autonomy recognized after emancipation. Through comparative analysis with other legislations that allow emancipated minors to make wills, it becomes evident that Ecuadorian regulations impose an unnecessary and disproportionate restriction. Finally, the study advocates for reforming current legislation to ensure coherence in recognizing the legal capacity of emancipated minors, allowing them to fully exercise their testamentary autonomy.
