DERECHO - POLÍTICA Y DESARROLLO
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Item LAVADO DE ACTIVOS: ANÁLISIS DE LA NORMATIVA DESDE EL CONTEXTO EMPRESARIAL ECUATORIANO(2019-06-13) Zea Pacheco, Rosa Elsa.; Vivar Alvarez, Juan Carlos.The political, social, economic and geographical causes place Ecuador among the countries most prone to the materialization of the so-called money laundering. Companies are one of the largest places where these illegal actions are attempted. The present study is based on considering the potentialities, risks, types of money laundering and legal sanctions that would be undertaken by a company that in Ecuadorian territory is provento be carrying out money laundering. The investigation allows from the legal and business point of view to carry out an analysis which has an exhaustive bibliographic review in order to determine the theoretical assumptions of the subject under investigation. The study starts by considering the theory so that the discussion can later be established, allowing conclusions to be reached that place Ecuador as a propitious territory for the transit and trafficking of psychotropic substances, aspects that go hand in hand with the laundering of assets. It is important to point out that although the laws are severe for companies that are proven to have laundered assets, corruption and business ethics are still predominantItem “ANÁLISIS CRÍTICO DE LA RESOLUCIÓN DE RECLAMOS ADMINISTRATIVOS EN MATERIA DE SEGUROS POR PARTE DE LA SUPERINTENDENCIA DE COMPAÑÍAS, VALORES Y SEGUROS”(2018-11-13) Hernández Pico, Vivian Elizabeth.; Coronel Zambrano, Javier.In the present work, I will analyze the way to resolve administrative claims in Insurance matters by the "Superintendencia de Compañías, Valores y Seguros”, with the revision of cases where it is evident that the said control entity at the moment of resolving these cases, does not take Constitutional principles into account, such as: due process, equality, legality, legal security, among others. In addition, it violates the competence granted by the Magna Carta because it exceeds the conferred limits assuming functions that are not theirs and that can only be exercised by a judge. Therefore, this study is aimed at recognizing the considerations or standards that officials of the “Superintendencia de Compañías, Valores y Seguros” should apply for an adequate motivation of their resolutions. In fact, the objective of this study is for the officials of this control entity to understand the importance of their role in terms of the motivation of their actions, not only to base the logic in terms of the application of the norms, but also to look after the rights of the parties. The importance of this issue relies on the decisions taken by the Superintendencia de Compañías, Valores y Seguros, which based in their administrative power, bears the principle of legality assumed, which based in the implications cited by law, it represents a totally disproportionate judgement and decision taken in an administrative headquarter since whatever decision taken by them will have a mandatory fulfillment as well as its respective sanctions for not complying it, even might causing the liquidation of the company.Item “LA TASA DE SERVICIO DE CONTROL ADUANERO Y SU CARACTERIZACIÓN COMO GRAVAMEN CONFORME LA NORMATIVA ANDINA”(2019-07-13) Ron Romero, Luis Arnaldo.; Chica Martínez, Fabricio Alejandro.In the present paper, the implementation of the customs control service rate was reviewed, arranged by Servicio Nacional de Aduana of Ecuador through resolution No. SENAE-SENAE-2017-0001-RE; which expressed among its main objectives to combat smuggling and customs fraud, strengthen customs control throughout the national territory in the phases of previous, concurrent and subsequent control, said rate was characterized by the bodies of the Andean Community as a tax, while that for the Ecuadorian internal justice was considered a legally established tribute. The present paper was developed from a rationalist approach, using the inductive method, since it will review the facts and the knowledge about them, for the construction of the arguments. Based on the foregoing, both pronouncements will be reviewed and verified in order to determine whether there was due justification on the part of the National Court of Justice, if the Ecuadorian State complied with the requirements required by the Andean Community regulations for the implementation of this type of measures, and clarify whether it really consisted of a service for facilitation of imports, including those originating in Peru and Colombia, and understand the reasons why the Andean Community ordered the withdrawal of the aforementioned rate. Finally, the main result of the investigation consisted in analyzing the pronouncements described above, so that in future cases the Ecuadorian government will proceed according to the community regulations.Item NOTIFICACIÓN DEL TÍTULO DE CRÉDITO RESPECTO DEL PAGO DEL IMPUESTO PREDIAL PREVIO AL INICIO DE UN PROCESO COACTIVO EN LOS GOBIERNOS AUTÓNOMOS DESCENTRALIZADOS MUNICIPALES(2019-05-13) Oyola Cabrera, Gabriela.; Suing Nagua., JoséThe compulsory collection procedure, that is, by coercive means, is a municipal power granted to maintain the economic autonomy of the public administration without the intervention of the judicial function. The contrariety of the regulations of the Tax Code and of the Organic Code of Territorial Organization, Autonomy and Decentralization, where the first contemplates the respective notification, while the second indicates the beginning of the process without the need for notification and the constitutional opposition, due process and Right to defense, is a subject that must be reformulated. The objective of the present revision work will be to revise both regulations, in such a way that a possible inconsistency is demonstrated and thus propose an internal regulation with the purpose of not violating the rights of the municipal taxpayers and not affecting the public administration. As a conclusion, a possible reform to article 512 of the Organic Code of Territorial Organization, Autonomy and Decentralization is proposed, in which it is indicated that the notification of the credit title by the officials is necessary, considering the stipulated in the Tax CodeItem EL PRINCIPIO CONTAMINADOR-PAGADOR Y LA RESPONSABILIDAD CIVIL EN EL DERECHO ECUATORIANO(2019-06-13) Ortega Andrade, Jennifer Tatiana.; Sevilla Sánchez, Silvia.The economic growth of a country implies the industrial development, that in some cases occurs in an indiscriminate way without an adequate management, for what, the consequences are reflected directly in the environment. So, the present research work has the purpose of Ecuadorian regulations in force regarding the type of civil liability applied in environmental matters. In this sense, with the recognition of nature as a subject of rights, measures are established whose purpose is protection and reparation in case of environmental damage, hence, the polluter-payer principle determines that it is up to the cause of the damage to assume the compensation for the costs that have been generated as a result of their harmful actions.Item LA EMPRESA COMO INSTRUMENTO EN LA COMISIÓN DE DELITOS DE CUELLO BLANCO(2019-12-13) Mantella Centenio.; Chang, AntonioThis paper examines the relationships between the elements of a business organization and the commission of labor crimes on the legal basis of the liability of the legal person in white collar crimes. This investigation details the antecedents in reference to the factors identified by the existing literature as elements that contribute to business crime and that may also contribute to labor crime. Using the concept of white collar crime as an approach, the main aspects of corporations are identified as areas that can motivate crime, provide opportunities for crime or allow the rationalization of criminal action. A compilation of doctrinal and literary arguments on the responsibility of the legal entity in white collar crimes is made, in order to shape and identify a legal perspective on business crime. The consequences and results derived from the legal analysis of the document, expose the true social impact that this type of crime can produce, and the results for the normal development of public and private sector activities, which can certainly entail a criminal responsibility on the possible violations in the social and organizational spheres.Item “CONVERGENCIA DEL DERECHO DE COMPETENCIA Y DEL DERECHO DE PROPIEDAD INTELECTUAL EN LA LEGISLACIÓN ECUATORIANA”(2019-05-13) Luzuriaga Jiménez, Belén.; Chica Martínez., Fabricio Alejandro.This paper reviews doctrines about the inefficiency of the markets and whether it can be related to any form of exercise of the rights that intellectual property attributes, since, based on Ecuadorian law, when the exercise of property is abused intellectual can also be configured an abusive practice contrary to free competition and the market itself. With this aim, starting from a rationalist approach, using induction, qualitative techniques are used to evaluate the pertinent normative framework. In such virtue, it is reviewed what would be the measures to remedy the negative results that are generated, without forgetting that they should not alter or violate other rights and at the same time present themselves as an efficient solutionItem LOS CRITERIOS DE APROBACIÓN DE LOS PROCESOS DE INTEGRACIÓN EMPRESARIAL Y SU TENSIÓN SOBRE LAS LIBERTADES DE EMPRESA, ASOCIACIÓN Y COMPETENCIA(2019-06-13) Lamota Mejía, Juan Carlos.; Chica Martínez, Fabricio.The present review focuses on the power that the State has to approve the business integrations, and the tension that the exercise of this causes in the freedoms of company, association and competition, under the regulation of the Organic Law of Power Control of Market. Starting from a rationalist approach, through the inductive method and the use of qualitative techniques, he exposes the current regulation for business integrations and the procedure prior to their authorization. A case considered as an abuse of the public powers by the control body is presented, which distorts the guarantee of full exercise established in favor of the liberties that are reviewed.Item “ANÁLISIS COMPARATIVO RESPECTO DE LA LEGISLACIÓN LABORAL REFERENTE A LAS LICENCIAS POR MATERNIDAD, PATERNIDAD Y ADOPCIÓN EN ECUADOR Y OTROS PAÍSES”.(2019-05-13) Jaramillo Rázuri, Paola Katherine.; Coronel Zambrano, JavierThe present work contains the study carried out in the comparison of standards developed in Ecuador, regarding the granting of maternity and paternity leave, with the regulations of other countries, in the business field of social responsibility in Colombia, Costa Rica, Chile and Spain. For this purpose, a review of comparative law is carried out in the labor laws of the countries indicated above, establishing as problematic the time that is granted for such license between biological parents and adoptive parents, developing in the theoretical framework an analysis on the types of licenses existing in Ecuador, the corporate social responsibility, against the productive interest, of rentability and patrimonial, that includes the generating purpose of profitability; as well as the right to breastfeeding and ineffective dismissal that favors working mothers. Through the rationalist methodological approach, together with the inductive method, and through the qualitative technique, the main conclusion is that there is a revision of the law regarding licenses, particularly with regard to the one established for adoptions.Item LOS ACUERDOS PARASOCIALES, SU EFICACIA EN EL ECUADOR.(2019-05-13) Gallardo Cornejo, Fernando Andrés,; Chica Martínez, Alejandro.Item “LA RESPONSABILIDAD PENAL DE LAS PERSONAS JURÍDICAS. ANÁLISIS DE SU APLICACIÓN EN LA LEGISLACIÓN ECUATORIANA”.(2019-05-13) Coello Zambrano, Alfredo Andrés.; Vivar Alvarez, Juan Carlos.The present work through the inductive-deductive and analytic-synthetic methods, analyzes the criminal responsibility of legal persons due to the fact that the Ecuadorian criminal law considers them subjects of criminal law. First, the origins of the concept of a legal entity are discussed in order to analyze criminal responsibility in a general way, reaching the central theme of the work. Favorable and unfavorable theses are taken into account and, as a reference, some legal systems of countries that contemplate the criminal liability of legal persons. The COIP for the first time stipulates it and according to it, the criminal types must include a full description of criminally relevant behavior. The action of the person must be done in order to cause harm, as well as be aware that the behavior is unlawful. These elements are specific to natural persons. Criminal law is a legal science in constant evolution due to the innovation of social control and globalization that generates capital movements throughout the world. Ecuador cannot be excluded from this evolutionary process of the Criminal Law, which creates new criminal types as a mechanism for the protection of juridical rights, so it is important to determinate the criminal liability of legal entities and the imposition of penalties, but if these are purely administrative, it is unnecessary to classify in the COIP.Item EL DELITO DE LAVADO DE ACTIVOS, LA EMPRESA Y SU IMPACTO COLATERAL CON LA CORRUPCIÓN(2019-06-13) Auad Chevasco, Vicente Antonio.; Vivar Alvarez, Juan Carlos.This document has been made to address one of the most complex and debatable problems of modern criminology, which lies in the crime of money laundering as a corporate crime that demonstrates the ease of certain professions or jobs within companies, for the committing criminal acts and unethical practices that are executed by natural and/or legal persons. The objective was to determine the characteristics that lead to white collar crimes, especially money laundering and related crimes, which will correspond much better with the modern realities of business criminal law. A qualitative methodology was used based on a theoretical foundation where the main arguments of the crime of money laundering are exposed, to lay the foundations of the liability of the legal entity in Ecuador and its collateral impact with corruption. Finally, it was concluded that the States must implement comprehensive legislation to prevent the commission of illegal activities such as money laundering, which build networks of corruption and organized crime; that directly affect the entire society and economic, financial and business development at a national and international level, in a world of economic integration.Item LA RESPONSABILIDAD SOCIAL DE LA EMPRESA: ANÁLISIS DE SUS BENEFICIOS E INCENTIVOS EN LA LEGISLACIÓN ECUATORIANA DESDE LA CONSTITUCIÓN DE 2008(2019-05-13) Abarca Cruz, Anabel Mariela.; Villacís Parada, Alexandra Jacqueline.The purpose of this work is to know how the social responsibility of the company [CSR] has been constituted in recent years as a practice in which there has been an increase in organizations worldwide and particularly in Ecuador, determining that the benefits and incentives have been directed to various contexts, mainly to ensure that the practices are executed under a framework of respect and sustainability towards the life of the community and the Environment in general. The methodology is redirected the present analysis is not experienced because there is no manipulation of the variables involved in the subject, being a purely documentary and deductive study, because the theoretical information is produced through the review the bibliographic information on the origin and evolution of CSR