Trabajos de Titulación - Sede Azogues - Derecho
URI permanente para esta colecciónhttps://dspace.ucacue.edu.ec/handle/ucacue/83
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Ítem Acceso Abierto Diagnóstico de la participación de los jóvenes en política. Estudio de la provincia del Cañar durante las elecciones de los años 2021 – 2023.(Universidad Católica de Cuenca., 2024) Nieves Flores, Katia Nayely; Pesantez Bustos, Milene Patricia; Ormaza Ávila, Diego Adrián; 0350101432; 0302227301This research analyzes the relationship between youth participation and political rights within the framework of the 2019 Democracy Code reform, which mandates that 25% of candidates be under 29. The study employed a mixed-method approach: qualitative for the theoretical foundation of youth political participation and quantitative for the statistical analysis of data collected from the National Electoral Council on youth participation in political organizations. The historical-logical method was used to analyze the background of youth participation in politics and its evolution over time; the deductive method was employed to study general knowledge about youth political participation and its application to specific aspects of this legal concept; finally, the analytical-synthetic method aimed to determine the legal effects of failing to meet the objective established in Article 3 of Ecuador's Democracy Code. The research techniques used included a data sheet, literature, and documentary review of the registered candidates' lists for the 2021-2023 sectional political elections in the province of Cañar. As a result, the study identified the ineffectiveness of the Democracy Code reform, as young people aged 18 to 29 do not have access to political spaces. Keywords: politics, participation, youth, democracy, rightsÍtem Acceso Abierto Responsabilidad del Estado frente a las muertes en los centros de privación de libertad en Ecuador(Universidad Católica de Cuenca., 2024) Escandón Barahona, Mario Israel; Rojas Valdivieso , María Caridad; Rojas Valdivieso, María Caridad; 0302422118; 0302180856This research addresses the Ecuadorian State's responsibility regarding deaths in places of deprivation of liberty, a topic of growing relevance in the context of human rights. The methodology was descriptive with a qualitative approach, applying dogmatic, inductive-deductive, and analytical-synthetic methods. The results revealed that the Ecuadorian State has failed in its duty to guarantee the life and integrity of individuals in penitentiary centers. Numerous violent deaths and inadequate conditions have been documented, contributing to an environment of violence and dehumanization. Additionally, the urgent need for structural reforms in the prison system is highlighted to address this humanitarian crisis and ensure respect for the fundamental rights of all inmates. The study emphasizes promoting a more just, equitable, and humane penitentiary system, prioritizing rehabilitation and social reintegration. It also underscores the imperative necessity for collaboration between the State and civil organizations to improve prison conditions. Keywords: violence, human rights, death, responsibility, life, securityÍtem Acceso Abierto La adopción desde el vientre materno: Una alternativa ética para embarazos no planificados y la tutela de los derechos del nasciturus.(Universidad Católica de Cuenca., 2024) León Castro, Karen Doménica; Zamora Vázquez, Ana Fabiola; 0302319884This study investigated prenatal adoption in Ecuador as an ethical alternative to unplanned pregnancies, analyzing its legal framework and the implications for the rights of the unborn child. A descriptive and documentary approach was adopted, conducting an exhaustive literature review in databases such as Redalyc, Scopus, and Google Scholar, using key terms such as “prenatal adoption” and “reproductive rights.” Inclusion and exclusion criteria were established to ensure the relevance of the selected studies. The results indicate that, although the rights of the unborn child are recognized in the Ecuadorian legal framework, the lack of specific regulation on prenatal adoption generates uncertainty. This regulatory vacuum hinders access to a viable option for women in situations of unwanted pregnancy. The thematic analysis reveals patterns related to identity, filiation, and the right to a dignified life, highlighting the need for a more transparent legal framework. Prenatal adoption as a viable solution in Ecuador, but its success requires the implementation of adequate regulations that protect the rights of all parties involved. This study provides a basis for future discussions on ethics and reproductive rights, underlining the importance of an approach that respects the autonomy of the biological mother and guarantees the well-being of the unborn child. Keywords: right to family, adoption, family, best interests of the childÍtem Acceso Abierto El Estado constitucional ecuatoriano y el costo de los derechos. Un análisis crítico(Universidad Católica de Cuenca., 2024) Larrea Pinos, Janneth Carmita; Yumbla Ochoa, Adriana Catalina; Vázquez Calle, José Luis; 0302704218; 0302731179This thesis examines the relationship between the concept of the cost of rights and the full justiciability of all rights established in the Charter of Fundamental Rights under the paradigm of the constitutional state. The methodology used was a qualitative approach, and the dogmatic, inductive-deductive, and analytical-synthetic methods were also employed, as well as the literature review technique of laws, jurisprudence, and doctrine. The results theoretically justify that, during the validity of the 2008 Constitution, beyond the guarantee-based model, the aspect related to the cost of rights was not observed. Additionally, it is necessary that in the materialization of rights, a prioritization be made to first identify the most important ones due to the scarcity of economic resources and the crisis Ecuador is experiencing. It implies properly allocating budgetary resources to the most relevant and necessary rights to ensure a full life. Keywords: costs, rights, legal, budget, protectionÍtem Acceso Abierto La incidencia de los accidentes de tránsito en la zona 6 de la provincia del Cañar durante el año 2022(Universidad Católica de Cuenca., 2024) Guamán Yuqui, Marco Remigio; Lombeida Arias, Holger Andrés; Pozo Cabrera, Pablo Arturo; 0301178752; 0105021745Introduction: Traffic accidents are a social problem that must be understood regarding multiple factors. Objectives: To understand the behavior of traffic accident factors in Zone No. 6 of the Province of Cañar, particularly in Azogues, Cañar, and La Troncal during 2022. Methodology: A mixed-method approach will be used to obtain a holistic understanding of the problem; it includes dogmatic-legal, deductive-inductive, analytical-synthetic, comparative, and statistical methods Results: Within Zone 6, the province of Cañar has the highest accident rate. However, the number of injuries is higher in La Troncal, surpassing Azogues and Cañar. Nevertheless, Cañar has the highest mortality rate. It was also determined that the most common type of accident is a collision, followed by crashes, run-overs, and lane departures. The least frequent types of accidents were road departures, rollovers, passenger falls, pedestrian hits, and sideswipes. Collisions are the most common, followed by crashes, run-overs, and lane departures, while the least frequent include rollovers, passenger falls, and sideswipes. The primary cause is driver inattention, along with mechanical failures and intoxication. Accidents are more frequent at night, possibly due to fatigue or alcohol consumption, and decrease during the day due to lighter traffic. It is noteworthy that Azogues reports more traffic infractions than crimes. Keywords: traffic, law, accidents, damages, mortalityÍtem Acceso Abierto La incidencia del procedimiento abreviado en la provincia del Cañar entre los años 2020-2023(Universidad Católica de Cuenca., 2024) Gárate Matute, Willian René; Villa Segovia, Sade Anahi; Moreno Martínez, Jaime Arturo; 0350016721; 0302544929The research analyzed the abbreviated procedure and its incidence in the province of Cañar during 2020-2023 within the criminal and procedural law framework. The methodology employed a mixed approach (qualitative-quantitative), applying inductive-deductive, analytical-synthetic, and dogmatic methods. Various techniques were used, including literature review, documentary review of criminal cases, and the application of interviews and surveys. Current legal issues were evaluated, such as the principle of non-self-incrimination and procedural congestion. In the abbreviated procedure, the prosecutor proposes to the defendant and their defense attorney the application of this process, requiring the defendant to take responsibility for the typified illicit conduct and giv explicit consent in exchange for a reduced sentence. The results demonstrated the incidence of abbreviated procedures during the study period and highlighted their significance as a particular procedure. Additionally, the study emphasized the need to adapt the abbreviated procedure to the challenges imposed by the Constitutional State of Law. Keywords: Abbreviated procedure, criminal procedural law, procedural congestion, EcuadorÍtem Acceso Abierto La suspensión temporal del régimen de visitas por la falta de pago de pensiones alimenticias y visitas parentales en la legislación ecuatoriana(Universidad Católica de Cuenca., 2024) Chauca Álvarez, Nancy Carmita; Guartán Calle, Bryhanna Zohed; Zamora Vázquez, Ana Fabiola; 0302037072; 0302105895This thesis examines the relationship between child support payments and visitation rights within Ecuadorian, Spanish, and Chilean civil and family law frameworks. The methodology was developed using a qualitative approach; the research depth was also descriptive-explanatory. The study used the historical-logical, deductive-inductive, analytical-synthetic, and dogmatic-legal methods. Additionally, the comparative method was applied to the three aforementioned legal systems. The techniques employed were literature review and surveys. Moreover, the study highlights the need for reform in legal bodies related to civil, family, women, children, and adolescent matters. The reforms should include creating educational and awareness programs to support parents in understanding the importance of fulfilling their obligations to pay child support and maintain consistent contact with their children. These efforts would be supported by the technical team of the Judicial Council to ensure effective implementation, aiming to protect the rights, physical, emotional, and psychological well-being, and overall development of the child. Keywords: temporary suspension, visitation rights, non-payment, parental visits, child support.Ítem Acceso Abierto Desafíos de la participación política: violencia y barreras para mujeres de diversas etnias en Ecuador.(Universidad Católica de Cuenca., 2024) Romero gonzález, María Paula; Suña Calderón, Joselyn Lisseth; Zamora Vázquez, Ana Fabiola; 0350121489; 0302515150This research investigated the challenges of political participation, violence, and barriers faced by women of diverse ethnicities in Ecuador within the framework of the constitutional state of rights. The non-experimental and descriptive-level methodology was developed under a qualitative approach, utilizing dogmatic-legal, historical-logical, comparative, inductive-deductive, and synthetic-analytic methods, along with file analysis, literature review, and interviews with women from different ethnic groups. The results highlight the specific challenges faced by Ecuadorian women of various ethnicities in attaining and exercising participation and power in the political environment in terms of political violence and structural barriers from a legal perspective. Additionally, the research emphasizes the need for more regulation in Ecuadorian legislation to ensure inclusive political participation for women of diverse ethnicities and to limit violence in this context. Keywords: political violence, women, ethnicities, gender violence, rightsÍtem Acceso Abierto El derecho a la reinserción social y la falta de políticas públicas en Ecuador(Universidad Católica de Cuenca., 2024) Cantos Narváez, John Cristofer; Verdugo Ordóñez, Katherin Chenoa; Moreno Martínez , Jaime Arturo; 0106828270; 0302546924Although the Ecuadorian Constitution guarantees the right to social reintegration of citizens deprived of liberty, the lack of adequate public policies hinders compliance. Problems in prisons, such as overcrowding and the absence of rehabilitation programs, are highlighted, as well as how these deficiencies negatively impact the reintegration of former inmates, increasing criminal recidivism and compromising public safety. The research employs a qualitative methodology, using analysis, data collection, and literature review techniques. A deductive-inductive approach will also be used to study general and specific public policies aimed at reintegrating incarcerated individuals. A normative and legal analysis focused on constitutional rights will be conducted, evaluating all elements, parts, and components to synthesize them and clearly understand the issue. In conclusion, the article emphasizes the urgent need to develop and implement effective public policies that ensure the right to social reintegration for individuals who have completed their sentence. Keywords: reintegration, social, policies, implementation.Ítem Acceso Abierto Factores que inciden en la violencia en contra de las mujeres indígenas en las comunidades del cantón El Tambo. Un estudio desde la interseccionalidad(Universidad Católica de Cuenca., 2024) Guillén Rodríguez, Jennifer Alicia; Zamora Vázquez , Ana Fabiola; 0350153896This research analyzed the factors influencing violence against Indigenous women in the communities in the Canton of El Tambo, Cañar province. Approaching these factors from an intersectional perspective revealed a double vulnerability affecting these females. The methodology combined qualitative and quantitative approaches, using inductive-deductive, dogmatic, and analytical-synthetic methods. Techniques like literature review, data collection, and surveys conducted with women from the communities were used to understand their experiences with violence. Additionally, interviews were performed with mestizo and indigenous community women leaders to gain their perspectives on the issue. The results demonstrated that factors such as ethnicity, race, gender, the history of Indigenous people, and the construction of identity contribute to the violence these women face, confirming a double vulnerability. Cooperation between communities and the decentralized government of El Tambo is essential to control violence. Furthermore, the creation of public policies emphasizing the education of women is essential, enabling them to identify and prevent violence.Ítem Acceso Abierto Incidencia del delito de tráfico ilícito de sustancias catalogadas sujetas a fiscalización en la provincia del Cañar durante el año 2022(Universidad Católica de Cuenca., 2024) Arpi Verdugo, Joseph Marcelo; Mizhquiri Chimbay, Byron Javier; Moreno Martínez, Jaime Arturo; 0302604251; 0350014635The research examines the relationship between the crime of illicit trafficking of controlled substances subject to auditing and its incidence in the province of Cañar in 2022 within the framework of criminal law and criminal procedure. The methodology employed a mixed approach (qualitative-quantitative) and historical-logical, inductive-deductive, analytical-synthetic, and dogmatic methods. In addition, several techniques are used, including literature review, file review, and documentary analysis of criminal proceedings. Results reveal that this crime has serious negative repercussions for the State, significantly affecting the quality of life and the province's economic, social, and political strata. Historical patterns and current legal issues are highlighted, and the effectiveness of existing regulations is evaluated. Finally, concrete strategies are proposed to mitigate this crime's impact and strengthen the State's capacity to address this challenge effectively. Keywords: crime, trafficking, illicit, controlled substances subject to auditing, CañarÍtem Acceso Abierto La inconstitucionalidad de la formulación de cargos en la detención con fines investigativos(Universidad Católica de Cuenca., 2024) Calle Rojas , Issai Eloy; Asitimbay Guzmán, Iván; 0302649256When a crime is committed, individuals are criminally prosecuted. Therefore, it has been established that "(...) only a judge or authority shall be competent to judge a person, provided that the respective procedural safeguards for each proceeding are observed (...)" as stipulated in numeral 3 of Article 76 of the Constitution of the Republic (hereafter referred to as the "Constitution"). Power entrusted to the Attorney General's Office in accordance with Article 195 of the Constitution. The Organic Integral Penal Code (hereafter "COIP" by its Spanish acronym), establishes certain powers for prosecutors in Article 444, outlining specific procedural rules that must be followed to uphold principles and rights. One of these rules is found in Article 575 of the COIP, which establishes reasonable notification periods for scheduling a hearing (...). The rule states that notifications cannot be less than 72 hours, with exceptions. However, as of March 29, 2023, a reform of that rule (Article 575) was enacted, allowing for a hearing for the formulation of charges when detention has been ordered for investigative purposes. This reform has sparked significant debates, as the previous rule required at least 72 hours’ notice for scheduling a hearing, whereas the reform now permits a notification period of only 24 hours when the detention was performed for investigative purposes. Keywords. - detention, charging formulation, procedure, denaturalization, rightsÍtem Acceso Abierto Autonomía femenina y despenalización del aborto: Un enfoque a la protección integral de los derechos reproductivos de la mujer en Ecuador.(Universidad Católica de Cuenca., 2024) Calle Larrea, Manuel Josué; Moncayo Pesántez, Víctor Andres; Rojas Valdivieso, María Caridad; 0302114301; 0350141701The study analyzed the importance of safeguarding women's reproductive rights and respecting their authority and disposition over their bodies within the context of the decriminalization of abortion in Ecuador. A specialized national and international literature review was conducted. A qualitative approach, inductive-deductive, dogmatic-legal, and comparative methods were used, together with bibliographic and literature review techniques. The findings showed the urgency of reforming Ecuadorian legislation concerning pregnancy termination, focusing on guaranteeing women's decision-making capacity over their bodies. Similarities and disparities between Ecuadorian and Spanish legislation were identified, underscoring the need for reforms to protect the reproductive rights of Ecuadorian women and proposing a reform of the current legislation to guarantee free and informed sexuality. Keywords: decriminalization, abortion, autonomy, legislation, lawÍtem Acceso Abierto Habeas corpus correctivo, un estudio crítico desde Ecuador(Universidad Católica de Cuenca., 2024) Ortiz Vasquez, Kevin; San Martín Andrade, María Augusta; 0150977486Ítem Acceso Abierto Análisis del acceso a la silla vacía como mecanismo de participación ciudadana en el cantón Déleg.(Universidad Católica de Cuenca., 2024) Caizaguano Dutan, Dayanna Edelmira; Quizhpilema Paguay, Mercy Maribel; Ávila Cárdenas, Francisco Xavier; 0350184925; 0302427612Ítem Acceso Abierto Análisis de la precarización laboral en el Gobierno Autónomo Descentralizado Municipal de Azogues(Universidad Católica de Cuenca., 2024) Carangui Ludizaca, Nelson Mauricio; San Martín Andrade, María Augusta; 0302910252Ítem Acceso Abierto Adolescentes infractores y su reclutamiento por el crimen organizado(Universidad Católica de Cuenca., 2024) Ortiz Molina, María Paz; Quevedo Quinteros, Manuel Ramiro; 1751118389Ítem Acceso Abierto Factores que inciden en la vulneración del derecho a la vida de las personas privadas de la libertad en Ecuador(Universidad Católica de Cuenca., 2024) Ávila Cedeño, Alisson Ariana; Caguana Gordillo, Edwin Patricio; Ávila Cárdenas, Francisco Xavier; 1315557569; 0302320429This paper studied the relationship between the violation of the right to life of people deprived of liberty and the prison crisis that is affecting Ecuador, which has led to the violation of several constitutional rights, such as the right to health, security, physical integrity and, consequently, the right to life. This research focused on knowing the factors that affect the violation of the right to life of persons deprived of liberty from a qualitative approach, employing dogmatic, inductive-deductive, analytical-synthetic, and historical-logical methods, as well as the techniques of revision of bibliographic bases. As a result, it was justified that in Ecuador, there is a large number of people who die in prison, which is produced by prison overcrowding, corruption, intra-prison violence, and, as a legal effect, the violation of the right to life of these people. Additionally, it is proposed that the implementation of new policies and actions to ensure respect for the right to life in order to reduce the number of deaths and thus mitigate the undermining of this right. Keywords: persons deprived of liberty, right to life, penitentiary system, violation of rights, prisionsÍtem Acceso Abierto Incidencia del tipo penal de incumplimiento de decisiones legítimas de autoridad competente en el cantón Cañar dentro del año 2022(Universidad Católica de Cuenca., 2024) Alvarado Pacheco, Edwin Leonardo; Castro Paguay, Joffre Antonio; Asitimbay Guzman, Iván Patricio; 0350081535; 0302902770This research aimed to identify the incidence of Non-Compliance with Legitimate Decisions of Competent Authority in the Cañar canton in 2022 since there is no known study about the incidence of this crime in the location. The methodology used was non-experimental, cross-sectional, and descriptive. It started with a mixed approach employing dogmatic-legal, deductive, comparative, and analytical-synthetic methods. The research techniques included data collection, literature review, and documentary review of the complaints filed in the Cañar Prosecutor's Office. This work studied this crime and added to the field research conducted in the Cañar Prosecutor's Office; 23 complaints were found, fifteen were in the state of preliminary investigation, one was in fiscal instruction, two were for trial, and two were sentenced for this crime in 2022. It was also determined that most cases prosecuted by the Prosecutor's Office regarding this offense are due to alleged non-compliance with court orders, restricted orders, and non-appearance at hearings. The limitations included the lack of access to three case files within this entity, which were presumed lost; however, this article was completed. The work is original, as no studies on the incidence of this crime in the canton have been found; thus, it was necessary to use statistical techniques to investigate the incidence. Keywords: non-compliance, competent, decisions, legitimate, crimeÍtem Acceso Abierto El acceso al trabajo de las personas privadas de la libertad. Un estudio crítico(Universidad Católica de Cuenca., 2024) Guallpa Chacha, Raúl Fernando; Lima Sarmiento, Edwin Marcelo; Sanmartín Andrade, María Augusta; 0302710280; 0302402508Access to employment for persons deprived of liberty while serving their sentence is crucial for their rehabilitation and social reintegration. However, they often face significant challenges in finding employment within prison systems due to several obstacles, such as social stigmas, lack of updated job skills, and structural limitations in prisons. Labor training programs are being implemented within correctional facilities to address this issue, providing opportunities to acquire relevant skills and improve the employability of inmates. These programs may include vocational training, academic education, and social and professional skills development. Facilitating access to work during incarceration not only improves inmates' self-esteem and discipline but also provides them with skills and experience essential to their successful reintegration into society upon release. However, significant challenges remain, like the lack of support from some employers and the need for more sustained policies to protect the labor rights of persons deprived of liberty. In order to achieve proper rehabilitation and reintegration, it is essential to continue developing and strengthening public programs and policies that promote meaningful and sustainable access to work for this vulnerable population. Keywords: work, rehabilitation, policies, guarantees, access
