DERECHO - POLÍTICA Y DESARROLLO
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Item ANÁLISIS DEL ACCESO AL DERECHO A LA EDUCACIÓN SUPERIOR PÚBLICA A TRAVÉS DEL SISTEMA NACIONAL DE NIVELACIÓN Y ADMISIÓN (SNNA).(2019-07-13) Velasco Neira, Stefania Vanessa.; Rodríguez Williams, Danniel Eduardo.The Ecuadorian Constitution in its Article 28 states that public education is universal, secular and free at all levels, including the third level. Therefore, free higher education has designed a system to allocate seats in careers for students who intend to enter university. However, this system, which is supervised by the Secretariat of Higher Education, Science, Technology and Innovation, through the SER BACHILLER Exam, shows problems in the designation of places for different careers within the university level. Therefore, the focus of this research makes a criticism of the allocation of seats for careers, considering that students are not always able to access the careers they wish to study, and in other cases to ensure a quota in the career They want to study, or because they do not waste time studying, they have to move to other cities. When this situation occurs, the right of free choice of career on the part of the students could be violated, this being the approach developed through the realization of this investigation. As a result of this investigation, according to its approach, a possible violation of the rights to universal access to education, to equal opportunities, to non-discrimination, and to the freedom to choose a university career could be recognized. Regarding the methodological approach of this research, a qualitative approach was applied through information obtained through the doctrine and legal norms.Item EL PRINCIPIO DE INOCENCIA EN EL PROCEDIMIENTO DISCIPLINARIO A SERVIDORAS Y SERVIDORES JUDICIALES(2019-01-13) Vaca Villota, Marcela Alexandra.; Masapanta Gallegos, Christian.In this article the degree of affectation suffered by the principle of presumption of innocence in the sanctioning administrative procedure against the judicial servants is determined, at the moment in which the Judicial Council valued the proof of charge and defense Irrationally at the time of solving. For this, the study of the disciplinary resolutions was made, in which the violation of the principle of innocence was shown, of the judicial servants based on tests badly valued by the sanctioning authority. From the analysis of this investigation, it was identified that the disciplinary resolutions issued by the Judicial Council would presumably violate this principle, since the Authority to issue a sanction must find sufficient evidence to prove the existence of the disciplinary offense at that time. The presumed innocence is automatically vanished and the same one that maintains an intimate relationship with the evidence, because it is the latter that can distort it.Item APLICACIÓN DEL CONTROL DIFUSO DE CONVENCIONALIDAD, POR LOS JUECES DE PRIMERA INSTANCIA EN MATERIA DE GARANTÍAS(2019-10-13) Sánchez Contreras, Ronald Gabriel,; Gallardo Cornejo, Emilio.The control of conventionality is a legal figure, elaborated by the Inter-American Court of Human Rights, with the purpose of guaranteeing that the provisions of the American Convention on Human Rights are not restricted or undermined. The novelty of the figure of the Inter-American Court is its internal demand, that is, that the States Parties must apply fuzzy control, in this way, it is a requirement to the judicial branch its application. It is a diffuse control of conventionality. In the Ecuadorian case, there are processes of jurisdictional guarantees that have the purpose of protecting and guaranteeing constitutional and international rights, and that, by their very nature, there are conflicts between constitutional rights, or between these and the provisions of international rights. In this way, the investigation has focused on the application of fuzzy control of conventionality in terms of jurisdictional guarantees. It has been found that, although there are precedents of the Court, and also the Constitution of the Republic establishes a provision repealing any rule contrary to the internationally recognized rights, the Constitutional Court opts for acceptance tacit of conventionality control. Consequently, the Constitutional Court finds that the provision contained in Article 428 of the Constitution obliges the ordinary judges to submit a query, any rule which doubt about its constitutionality and conventionality, which means that ordinary judges they can not directly apply the rule.Item VULNERACIÓN AL PRINCIPIO CONSTITUCIONAL A LA IGUALDAD EN LA GARANTÍA DE DERECHOS DE EMPLEADOS DEL SECTOR PÚBLICO Y PRIVADO(2019-07-13) Reyes Sigcho, Katherine Estefany.; Chica Martínez, Fabricio AlejandroWith the present review, starting from the Constitution of the Republic of Ecuador, a distinction is made between the right to a formal, material equality and the duty not to discriminate against anyone, on grounds of sex, religion, social class or situation, natural or acquired, what is not relevant in the moment of recognizing personal merits. It is complex to achieve harmonization of respect for constitutional rights and the effective exercise of rights, without having to claim them through legal actions; for example, before the situation that arises after the disengagement of a worker from the public sector who is not paid his outstanding assets and there is no precautionary or enforcement measure that could affect public sector assets, since legally they are unattachable. It is important that the worker is not affected in their rights, such as the right to equality, by the employer State because it is guaranteed for the benefit of employees. Likewise, the principle of equality is related to the inherent nature of the human being, which is its dignity, and since it is consecrated as a constitutional contribution of Ecuador, there is a sense of dignity that is related to international law in reference to human rights. It is aligned with the other existing rights cards, transmitting to the constitutions of other independent countries, including those of Latin America. This work was carried out from a rationalist approach, using qualitative techniques to develop argumentation through induction.Item ESTUDIO COMPARATIVO ENTRE LA ACCIÓN DE PROTECCIÓN EN ECUADOR Y LA ACCIÓN DE TUTELA EN COLOMBIA, COMO MECANISMOS DE PROTECCIÓN DE DERECHOS CONSTITUCIONALES(2019-07-13) Pesantes Vélez, Martha.; Morales Andrade, Marco.The following is a comparative study through the breakdown of the components of two constitutional actions that are part of the mechanisms for the protection of constitutional rights in Latin America, such as the protection action and the Colombian tutela action. This essay has been carried out through analysis of doctrine, legal and constitutional precepts as well as jurisprudence, from both countries in order to understand the protection of rights from both realities. From the above-mentioned sources, the guarantee of an efficient constitutional justice is obtained through the jurisprudential development of the Constitutional Court, which in each concrete case will protect the constitutional rights, in order to guarantee the fulfillment of these and in addition to progressively develop the same according to the changes produced in each society, therefore the jurisprudential development is necessary for the sake of the constitutional efficiency. The comparative analysis carried out makes it possible to elucidate in which components both actions are similar and different, in order to determine in what aspects the jurisdictional guarantee of protective action could be more efficient in terms of the protection of constitutional rights.Item “LA VIOLENCIA FÌSICA CONTRA LA MUJER EN EL ECUADOR, DESDE LA PERSPECTIVA DEL CÒDIGO ÒRGANICO INTEGRAL PENAL¨.(2019-05-13) Espinoza Aviles, Stefania.; Vivar Alvarez, Juan Carlos.Item ANÁLISIS DE LA INCONSTITUCIONALIDAD DE LA PRISIÓN PREVENTIVA EN EL PROCEDIMIENTO DIRECTO(2018-12-13) Balcázar Alvarez, Carla Pamela.; Chang, Antonio.The purpose of this research is to analyze the unconstitutionality of the precautionary measure of preventive detention in the direct procedure that was incorporated into criminal legislation as of the validity of the Integral Organic Code as a special procedure to judge flagrant crimes with exclusive penalties that does not surpass the five years or in the crimes against the property whose amount does not exceed thirty unified basic salaries of the worker. In order to achieve the objective of this investigation, it is necessary to analyze the guarantees that the supreme norm grants to the persons prosecuted for a criminal offense, such as the right to due process in contrast to the need to order preventive detention to ensure the immediacy of the accused to the judgment. Thus, in this academic article it is concluded that the precautionary measure mentioned is unconstitutional for depriving the accused person of exercising his effective and timely defense within the short time that the law establishes for this type of procedure, even violating the principle of equality that the parties enjoy according to the Constitution by not having an investigative support system with which the Prosecutor's Office has, nor with their freedom to collect evidenceItem VACÍOS NORMATIVOS DE LA MUERTE CRUZADA Y EL CONTROL DE CONSTITUCIONALIDAD(2018-08-13) Landívar Orellana, Hugo Fabricio; Coronel, JavierThe so-called "crossed death" in Ecuador, was conceived in the Constitution of the Republic of Ecuador in 2008, contained in articles 130 and 148, is a figure of difficult interpretation for the law, since there are no legal references on its meaning in the Ecuadorian legal system, nor historical references of its application in the Ecuadorian reality, also denotes the evident lack of legal logic that proposes a contradiction with the constitutional precepts, without neglecting that the role of constitutional control carried out by the Court Constitutional has been omitted in such juridical - political artifice, reason why its existence is unnecessary, even more if Ecuador has been proclaimed as a Constitutional State of rights and justice.Item LA VULNERACIÓN DE DERECHOS CONSTITUCIONALES POR PARTE DEL ESTADO EN LOS PROCESOS DE TERMINACIÓN ANTICIPADA DE CONTRATOS ADMINISTRATIVOS(2018-06-13) Moreno Kayser, Francisco Alejandro.; Velázquez Velázquez, SantiagoThis research seeks to identify in which way the unilateral termination of administrative contracts is conducted and the constitutional rights that are violated. With the analysis of the Organic Law of the National System of Public Contracts we can expose some important aspects of the procedures that have allowed us to conclude the abuse of power that the public administration has through the exorbitant clauses it has reserved for itself and that can cause violations to basic rights. A process of analysis of administrative law doctrine was used to analyze the State´s prerogative’s, the procedure that the law has stablished for the unilateral termination of administrative contracts and the constitutional rights that must be upheld according to the Constitution in every process in which rights are determined. Legislation from Peru, Costa Rica and Spain and publications from several authors have been taken into consideration and they differ by the protection of the due process right, as well as national legal precedent. This analysis has allowed to recollect qualitative information about the need for a legal reform that can guarantee that in the administrative judgement proceedings the constitutional rights of the contractors will be upheld, considering that this is the highest duty of the State by enforcing the rights of its citizens.Item “GARANTÍAS DEL DEBIDO PROCESO EN LA CONSTITUCIÓN ECUATORIANA, FRENTE AL OTORGAMIENTO DE LAS MEDIDAS DE PROTECCIÓN EN MATERIA DE VIOLENCIA INTRAFAMILIAR”(2019-05-13) Gaibor Cepeda, Cruz De Jesús; Rodríguez Mongón, Marco VinicioThe present research work is an exhaustive study and analysis on the Guarantees of Right Processes in the Ecuadorian Constitution, facing the measures of protection conferred to intrafamily violence, based on the serious social incidence of domestic or intrafamily violence, with the purpose of contribute from the Academy, the strengthening and understanding of the limits of the protection measures, drafted in the International Instruments, the Constitution of the Republic of Ecuador and the internal laws of the state, as a mechanism to prevent the violation of human rights and the integrity of the family, the victims. of intrafamily violence. In addition, an approach is made about the vulnerability and incidence degree in the lack of correct diligence from the approach of the Principles of the Judicial Function, about the responsibility for the damage caused to the parties by delay, negligence, denial of justice or breach of the law, drafted in the Article 172 of the Constitution. Also, this study seeks to understand and strengthen the application of the Guarantees of Right Processes in the Ecuadorian Constitution, from the structure of justice operators in society favor, in case of treaties and other international human rights instruments. it will apply principles for human being, no restriction of rights, direct applicability and open clause established in the Constitution , all this, facing the granting of protection measures in the field of intrafamily violence. Aspects , which includes the non-victimization, the commitment of the State in prevention, sanction and eradication of violence against women, the adoption of comprehensive measures with effective implementation and prevention policies, and practices that allow action to be taken in an effective way against the disturbing increase of intrafamily violence in the country.Item ANÁLISIS DE LA RESOLUCIÓN 327-2014 DEL CONSEJO DE LA JUDICATURA, SOBRE CONCILIACIÓN EN DELITOS DE TRÁNSITO FRENTE A UNA VERDADERA TUTELA JUDICIAL EFECTIVA EN ECUADOR(2018-04-13) Moreira Peñarrieta, Charles Christian.; Vivar Alvarez, Juan Carlos.This work contains the doctrinal and legal basis with regard to three essential points: the conciliation as alternative dispute resolution, conciliation within the criminal process and their rules within criminal proceedings for offences transit. Discussed constitutional rights with respect to the condition of acceptance of responsibility for processing included in the rules of procedure for conciliation in matters related to traffic violations issued by the plenary Council of judiciary. The object of the work is to determine if affects the right to effective judicial protection with the implementation of the rules contained in the mentioned regulation and determine if the conciliation in this area is denatured. The investigation was carried out through the inductive method, since it started with doctrinal and legal bases to finally analyze the Regulation for Conciliation in matters related to Traffic Infractions.Item ANÁLISIS CONSTITUCIONAL DE LA CONTRATACIÓN COLECTIVA EN EL SECTOR PÚBLICO(2019-02-13) Campoverde Calderón, Andrea Maribel.; Chica Martínez, Fabricio.This study is focused on the supremacy of labor rights, according to the Constitution of the Republic of Ecuador of 2008 and its amendments, regarding the right to collective bargaining in the public sector, since it is necessary to understand the issue through an analysis of the constitutional norms, the norms of public international law, the jurisprudence referring to the subject and the doctrinal references, about the juridical figures that surround the institution of the collective contracting, such as, the collective negotiation and the freedom of union . The legal figures were analyzed, considering the constitutional precepts contained in numerals 13 and 16 of article 326 of the Constitution, with which it was intended to suppress the right to collective bargaining in public sector institutions. Therefore, the study to be conducted points to the understanding of the constitutional dimension of the figure of collective bargaining, collective bargaining and freedom of association from the perspective of the public sector, which is necessary to determine in order to conclude whether the constitutional amendment of December of 2015 violates constitutional rights acquired by workers in international human rights treaties ratified by Ecuador.Item REVISIÓN DE LAS GARANTÍAS CONSTITUCIONALES DENTRO DE LOS PROCESOS PENALES ESPECIALES CONTEMPLADOS EN EL COIP(2019-01-13) Villacreses Romero, Alejandra; Vivar Alvarez, Juan CarlosThe present investigation seeks the constitutional guarantees established in the special criminal proceedings contemplated in the Comprehensive Criminal Organic Code. Different conceptualizations are pointed out about the current criminal process, the criminal principles of the COIP and the Constitution of the Republic of Ecuador of 2008. The main objective of this is that of the so-called special criminal proceedings as the process of the accused, in a relationship of guarantees such as access to self-defense, the right to a trial and the rights that derive from the valid constitutional due process. A bibliographic research was carried out, applied the Declaration of Human Rights and Surveillance Rights to analyze the constitutional guarantees within the special criminal processes in agreement with the COIP. Finally, it shows the importance of assessing the validity of the same, the rights of research, the defense of rights, the application of rights, the regulation of the principle of opportunity and the structuring of the constitutional process, the parameters that are implemented in the investigation. It is necessary to establish the inconsistencies identified in the process of criminal guarantees, supported by the declaration of human rights and in each of the legal documents that currently apply, with the purpose of the constitutional rights in force.Item CONSTITUCIONALIDAD EN LA OBLIGATORIEDAD DEL PROCEDIMIENTO DE MEDIACIÓN EN MATERIA DE FAMILIA(2018-05-13) Aguilar Márquez, Damaris Elizabeth; Villacís Parada, Alexandra JacquelineIn Ecuador, people often search for the judiciary system instead of choosing the mediation as a procedure to solve their inherent conflicts for the family, this sytem allows everyone agrees on the accordance. The instauration of mediation is regulated by the Mediation and Arbitrage Law, current coding, which makes it a judiciary figure for the people who can assist to a mediation center. The research questions in this work were: What are the specific problems when applying judicial processes in family conflicts? How is the culture of peace promoted by the mandatory application of the procedure of mediation in matters of family in Ecuador? The present review study, aims to clarify and develop, in a fundamental way, the analysis of the effectiveness of the obligation of mediation and demonstrate that through mediation all those people involved, win with the agreement they elaborated without pressure of any kind. The inclusion criteria to select the documents.