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Recent Submissions
ANÁLISIS DE LA METODOLOGÍA DE PROTECCIÓN DEL LUGAR DE LOS HECHOS EN UNA ESCENA DEL CRIMEN CERRADA
(2023-03) Lucía de Lourdes Montalvo Saavedra; Mariana del Pilar Plúas Villamar
The purpose of this investigation was to carry out an analysis linked to the protection
of closed places in the event of a homicide, to avoid contamination of the crime scene,
since it has been shown that the lack of protection of this place results in the alteration
of the investigation, consequently, the justice operator at the end of the process, can
dictate a sentence that departs from reality because it was based on evidence that had
been altered. For the materialization of this research from the methodological point of
view, the qualitative approach was used that allowed the analysis of the doctrine of the
most outstanding specialists on the subject, as well as current studies and the regulations
that are linked to the protection of the scene. of the crime. Finally, the investigation
concluded by referring to the importance of protecting the scene when there is a
homicide, since the quality of the investigation will depend on the evidence obtained
from the scene.
El principio de confianza legítima y el derecho fundamental a la buena administración pública en el Ecuador.
(2023-04) Khristie Melissa Vera Guachambo; Daniela Elizabeth Freire Abad
The present work was developed under the investigative and descriptive method in relation to the principle of legitimate expectations and the right of good public administration in Ecuador; starting from the generic review of good public administration as a concept, and its transit to be conceived as a fundamental right; a trend that stars from Europe and that took
root in Latin America, where our country is located. Within the framework of this study, the various elements that make up the right to good public administration in Ecuador were examined, paying special attention to the principle of legitimate expectations, as a conductor to its configuration; in terms of the contribution that means the use of criteria of certainty and predictability in the various administrative actions of the public sector, resulting in strengthening the citizen's perception of compliance with the right to good public administration. In the interim of the investigation, it was observed that, despite the relevance of the right to good public administration -with the category of fundamental right-, there is no formal delimitation of its scope in the country; and from this it is derived that in Ecuador its enforceability by the citizens is not popular; since jurisdictional guarantees are not activated for the direct protection of this fundamental right to good public administration and therefore, to protect its effective enforcement.
Análisis de la investigación previa y la audiencia de formulación de cargos en delitos de delincuencia organizada y su incidencia en la vulneración al debido proceso en el Ecuador
(2023-01) Darwin Núñez Arias; Stalin García Gualpa
Organized crime is a criminal enterprise that has committed different crimes of a
national and transnational nature, affecting a legal right, in associations for the
commission of different types of criminal acts. The purpose of this research is to
analyze the Ecuadorian procedural system, within the current legal system of the
Constitution of the Republic of Ecuador and the Comprehensive Organic Criminal
Code. The objective is to analyze the incidence of the previous investigation and the
hearing to formulate charges in crimes of organized crime in the violation of due
process in Ecuador. Article 369 of the COIP typifies the crime of organized crime. The
effective prevention and suppression of transnational organized crime requires a holistic
approach. An effective criminal investigation is necessary, which must be carried out
within a reasonable period of time. Ecuador does not have internal regulations that
clearly define how to carry out the procedures in the prior investigation of organized
crime. In the previous investigation, several violations of the rules of due process have
been presented. The risks can influence the release of the accused, the nullity of the
proceedings, even international actions before the Inter-American Court of Human
Rights. In Ecuador there is no clear understanding of the crimes of organized crime,
which has made it difficult for them to be adequately sanctioned and sentenced with
procedures. efficient. In conclusion, the COIP is insufficient to develop clear sentences
and efficient processes. Ecuador does not have a specific law dealing with organized
crime.
ESTUDIO COMPARATIVO DE LOS TRATADOS INTERNACIONALES Y LA NORMATIVA NACIONAL PARA LA REHABILITACIÓN SOCIAL EN EL ECUADOR
(2023-01) Castillo Peña Jimena Alexandra; García Reyes María de los Ángeles
In this research, a comparison of the laws and systems of social rehabilitation of several
countries in Latin America was carried out with the aim of comparing the theoretical and legal
aspects and determining if there are effective social rehabilitation policies in these countries and
if these differ significantly from the laws and systems of Ecuador through a document analysis
using the inductive method with a qualitative approach, collecting the main characteristics of
social rehabilitation of different countries in Latin America: Ecuador, El Salvador, Argentina,
Brazil, Chile, Colombia and Uruguay; and in turn a compilation of the key theories and concepts
that serve as a basis for the analysis and discussion of the results.
Therefore, the research showed that the laws of social rehabilitation for people deprived of
freedom in the studied countries have significant differences in terms of the approaches and
structures used to address the topic. Ecuador has an approach based on human rights, while
Argentina and Uruguay promote crime prevention through rehabilitation programs. Chile and the
Salvador seek to improve access to education and vocational training to reduce recidivism.
Colombia is committed to rehabilitation through medical treatment, occupational therapy,
vocational training and job opportunities. Finally, Brazil has implemented a policy to promote
the reintegration of prisoners into society through educational programs, job support and
training.
ANÁLISIS CONSTITUCIONAL DE LA ACCIÓN AFIRMATIVA RECONOCIDA EN EL LITERAL F DEL ARTÍCULO 38 DEL REGLAMENTO DE SELECCIÓN Y DESIGNACIÓN DE SERVIDORES DE LA FUNCIÓN JUDICIAL
(2023-04) GABRIELA SORIANO BRITO; MARIA DE LOURDES MORENO WILCHES
The purpose of this research is to analyze whether the affirmative action recognized in Article 38, paragraph f of the Regulations for the Selection and Appointment of Judicial Function Servants complies with the purpose for which it was created, that is, to promote equality and seek a greater representation of women in positions of authority in the Judicial Function.
First, in the theoretical framework, general concepts of equality, affirmative action, equality and non-discrimination test, and the competition to be part of the judicial function were developed. Then, for the analysis, the equality test established by the Constitutional Court was used, which consists of analyzing four points: i) the legitimacy of the objective of the differentiated treatment; ii) the rationality of the cause; iii) the necessity criterion; and, iv) proportionality.
A deductive method was used for the development of the analysis, since a logical reasoning was carried out based on different concepts and historical background on the participation of women in the labor market, which were collected from different sources such as jurisprudence, legislation and doctrine.