Trabajos de Titulación - Sede Azogues - Derecho
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- ÍtemAcceso AbiertoEstudio del matrimonio igualitario y su impacto en la sociedad LGBTIQ+(Universidad Católica de Cuenca., 2024) Cárdenas Peñafiel, Lissbeth Monserrath; Rea Suña, Diana Elizabeth; Zamora Vázquez , Ana Fabiola; 1721688396; 0350014692Marriage is a legal institution that, over time, has undergone several changes to meet all the needs within society since, being an ambiguous legal figure, the church was considered to be responsible for regulating the union according to its parameters, but this has changed because the state pursued to lead the regulation of marriage bonds, favoring and ensuring the protection of the partners' rights. This research article aimed to study egalitarian marriage in Ecuador based on the issuance of sentence No. 11-18-CN/19, recognizing the conjugal rights, starting from the historical and evolutionary background of which it was part, to emphasize the net regulation of this legal figure, somehow eradicating discrimination and recognizing all rights. Likewise, the research methodology used in this article was a qualitative approach. A literature and documentary review was conducted on egalitarian marriage and its trajectory for its acceptance, focusing on methods such as the inductive-deductive since it first addresses the marriage, its background, course, and how it is regulated, and then via a comparative method, analyze as a result of other legislations in Latin America, the procedure for the acceptance of marriage between LGBTIQ+ society.
- ÍtemAcceso AbiertoControversia entre los términos femicidio y feminicidio en el Derecho Penal ecuatoriano(Universidad Católica de Cuenca., 2024) López Lozada, Daniel Fernando; Rodríguez Pacheco, Julie Silvana; Pozo Cabrera, Pablo Arturo; 0106200298; 0106525843This research examines the controversy surrounding the terms femicide and feminicide in Ecuadorian criminal law. The methodology includes quantitative and qualitative approaches, utilizing inductive-deductive and analytical-systematic methods. Research techniques include the demonstration of statistics on existing femicide cases in Ecuador and a literature review. Regarding the results, the theoretical justifications for the consequences of the confusion between these terms are provided, highlighting the potential violation of both victims and defendants of this crime. Additionally, a suggestion and possible resolution to this issue, often overlooked by Ecuadorian legislation jurists, are presented. The controversy lies in precisely defining which of these terms is most appropriate to describe murders and gender-based violence. Some argue that the term "feminicide" is broader because it emphasizes the gendered nature of these crimes and recognizes systematic discrimination against women. Others contend that "femicide" is more inclusive and can encompass a variety of women's murders, even those not necessarily related to gender discrimination.
- ÍtemAcceso AbiertoEl recurso de apelación frente a las contravenciones de tránsito que no implican privación de la libertad(Universidad Católica de Cuenca., 2024) Toral Paguay,, Josue Fernando; Moreno Martínez, Jaime Arturo; 0105895684This article studied the relationship regarding the right to appeal against traffic violations without deprivation of liberty. The research used a qualitative approach because the appeal of traffic violations without deprivation of liberty was theoretically founded. Additionally, the depth of the research was descriptive-explanatory, considering the study of the legal problems caused by the lack of the right to appeal as a legal concept. The historical-logical method was used to analyze the background of the right to appeal and how it has evolved over the years. Moreover, the deductive-inductive method was employed to study general knowledge of the appeal in traffic violations containing particular aspects of this legal concept. The analytical-synthetic method was also utilized to determine the legal effects of lacking the right to appeal in Ecuador. Finally, a justification for traffic violations was presented based on the dogmatic method. In conclusion, there is a violation of the right to appeal regarding traffic violations that do not involve deprivation of liberty, which affects constitutional rights, principles, and guarantees. Additionally, it was considered favorable for the Comprehensive Organic Penal Code to develop an appealing figure for all traffic violations, not only those involving deprivation of liberty. Keywords: judgment, right, norm, resourse, penalty
- ÍtemAcceso AbiertoLa adaptabilidad en el derecho a la educación inclusiva de las personas con discapacided en las instituciones educativas de la ciudad de Azogues(Universidad Católica de Cuenca., 2024) Sanmartín Orbe, Paúl Esteban; Almache Montenegro, Estuardo David; Torres Rodas, María Augusta; 0302633813; 0302692652Accessibility to inclusive education for students with disabilities in Ecuador is a fundamental component aimed at promoting equal opportunities and the integral development of all individuals; despite governmental efforts and advancement to ensure this fundamental right, significant challenges persist, requiring continuous attention and concrete measures to overcome them. In this context, this descriptive study, conducted in Azogues, focuses on understanding the repercussions of the ineffective implementation of inclusive methodologies in educational units. A combination of research methods was employed to achieve this objective, including surveys, historical-logical analysis, and analytical-synthetic analysis, to examine the legal background and the practical implications of disability in the educational area. One of the most significant results of this study was the identification of significant obstacles that limit the physical accessibility of many educational units, mainly due to the lack of adaptations in facilities and the scarcity of financial resources allocated to specialized teaching materials. This situation, in turn, creates difficulties within the teaching-learning process, affecting students with disabilities and teachers. Despite having trained professionals to meet the educational requirements of this group, no adequate institutional support hinders the optimal application of their skills, leaving everyone involved parties in a vulnerable situation. Keywords: adaptability, disability, education, right
- ÍtemAcceso AbiertoLos datos personales en el sistema judicial E-SATJE frente a las injerencias de terceras personas en la perspectiva constitucional ecuatoriana(Universidad Católica de Cuenca., 2024) Sarmiento Sarmiento, Ariel Fernando; Tacuri Dután, Esperanza Verónica; Zamora Vázquez, Ana Fabiola; 0105891188; 0302891114This article analyzed personal data in the Ecuadorean Judicial Automatic Processing System (E-SATJE by its Spanish acronym) in the context of third-party interferences from a constitutional perspective. This automatic system was created in Ecuador to access public information necessary for judicial cases. However, the E-STAJE system, being freely accessible, violates constitutional rights and data protection. The methodology employed a qualitative approach with an explanatory-descriptive depth level, using dogmatic, deductive-inductive, legal exegetical methods, bibliographic review techniques, and the filing instrument. The results theoretically justified that the E-SAJTE system lacks discretion in the organization and treatment of personal data, which violates rights and personal information; additionally, it is recommended that Ecuadorian legislation require authorization from the parties involved when substantiating judicial cases so that they can decide whether or not they want their information to be published in the mentioned system. Keywords: constitution, personal data, rights, protection
