Trabajos de Titulación - Sede Azogues - Derecho
URI permanente para esta colección
Examinar
Envíos recientes
- ÍtemAcceso AbiertoFactores 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, prisions
- ÍtemAcceso AbiertoIncidencia 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, crime
- ÍtemAcceso AbiertoEl 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
- ÍtemAcceso AbiertoLa implementación de jueces y fiscales sin rostro dentro del sistema jurídico ecuatoriano(Universidad Católica de Cuenca., 2024) Rivera Verdugo, Luis Felipe; Rojas Valdivieso, María Caridad; 0302323506This scientific research was based on a theoretical and legal study of faceless judges and prosecutors to analyze the need to implement this figure in Ecuador, taking into consideration countries like Colombia and Italy, which use this method of administration of justice because some time ago they experienced a level of insecurity as high as that suffered by Ecuador today. As a result of these interviews, information was collected on the knowledge that judges and prosecutors have on this subject and their opinion that this method should be incorporated into Ecuadorian legislation since these professionals are the ones who are to be protected with this system of administering justice, given that there have been several attacks on judges and prosecutors nationwide, to suspend the substantiation of the processes against large mafias in Ecuador. In order to conclude, after the interviews conducted with legal professionals and the analysis of comparative law and dogmatic points of view, it was possible to determine how to insert faceless judges in the Organic Code of Judicial Function of Ecuador through a reform to it, establishing it as an alternative method of administering specialized justice within Ecuadorian legislation. Keywords: judges, prosecutors, faceless, insecurity, delinquency
- 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.
