POSTGRADO DERECHO - POLITICA

Permanent URI for this collectionhttps://repositorio.uees.edu.ec/handle/123456789/3885

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The Impact of Meta Emotion-Cognition Strategies Enhancing English-Writing Skills in Middle School Students
(2023-12) Fabiola Maria CHICO SUAREZ; Adriana María MORÁN ELÍAS
This research paper studies how Meta Emotion-Cognition strategies enhance English Writing Skills in Middle School Students. The main objective was to analyze how emotion-cognition strategies are essential for improving motivation in the writing skills of middle school students from Unidad Educativa Bilingüe “La Moderna”. The research method applied in this study was deductive-mixed; it involved the quantitative analysis of a survey applied to a sample of sixty students from middle school, and a qualitative study of class observation from English educators teaching writing skills at two different levels. The nature of this research was explanatory, in order to expand the understanding of this analysis and outline similarities with previous studies. Consequently, it was found that the application of accurate motivational-cognitive strategies served to level up educational standards, and specially, the strategies that were oriented to improve students' well-being. Thus, meta-emotion cognition approaches benefited self-regulated learning independency to a great extent in students from Unidad Educativa La Moderna.
El Contrato de Servicio Ocasionales en el sector público ecuatoriano: Diagnóstico de la normativa, jurisprudencia y actuación estatal.
(2023-12) Jaime Andrés Mora Vásquez
The use of the occasional service contract in the Ecuadorian public sector has exceeded the limits established in the regulations that regulate it, which has resulted in the existence of people who continue to work in public entities waiting for a competition of merits and opposition. The methodology used is documentary analysis of literature, through the search and analysis of digital bibliographic sources on the Scopus, Wos, Google Scholar and Fielweb platforms, using criteria based on the research objectives. The results were: a) The occasional services contract has been used in administrative bodies, violating the regulations that regulate it. b) The succession of occasional service contracts does not constitute acquired rights for service providers. c) There is state responsibility for not carrying out the merit and opposition competitions established for the creation of positions for activities that are permanent. The conclusions of the investigation are: a) There were flaws in the regulations that regulate occasional service contracts for allowing their renewal and that the servers could continue working until a competition of merits and opposition was carried out. b) The contract for occasional services does not have legal effects once its term has ended. c) There has been a violation of the rules that regulate the contract of occasional services and violation of the rights of the people who have continued to work.
EL DESEMPEÑO DE LA DEMOCRACIA REPRESENTATIVA Y PARTICIPATIVA EN LOS MODELOS DE VOTO OBLIGATORIO Y FACULTATIVO.
(2023-12) ADRIANA DOMÉNICA MACÍAS DÍAZ; MANUEL ALEJANDRO NIVELA SILVA
The research focused on analyzing the correlation between democratic participation and democratic representation, investigating whether the implementation of mandatory voting truly achieves effective democratic representation. Determining factors of voting behavior in both optional and mandatory systems were examined, revealing differences among voters in each system. Doctrines and jurisdictional positions were taken into consideration, providing criteria in favor of both systems. To understand whether mandatory voting fulfills its constitutional purpose of shaping a representative democracy through enforced democratic participation by the state, it was deemed necessary to evaluate the very concept of democracy, its objectives, and purposes. This involved assessing citizens' perceptions of the power their vote holds, especially among the Ecuadorian population. To achieve this, the electoral systems of various countries were analyzed, enabling the measurement of levels of representative and participatory democracy. The description of the characteristics of these voting modalities was essential for the establishment of guidelines in which the researcher highlighted a scientific relevance that is recommended for the development of future lines of research adapted to the discovery of perspectives that deal with democracy in voting. universal. It was concluded that, although mandatory voting is a mechanism of the states to ensure citizen participation in political elections, it is not an indication of satisfaction in terms of representation.
PROTESTA SOCIAL: DERECHO O AMENAZA PARA EL ESTADO. ESTUDIO DE CASO DE OCTUBRE DE 2019
(2023-12) JUAN STEFANO PAZMIÑO PESANTEZ; ANGEL VICENTE REATEGUI JIMENEZ
This work analyzed the standards of the Inter-American Commission on Human Rights applied to social protest, as well as the decrees containing states of emergency issued by the current rulers to address this right, finding a legal problem: that these decrees do not constitute the appropriate mechanism to confront social protest. It was used the case study method of the "2019 protest", in which it was observed that it was restricted the right to protest not only by these decrees but also by the rulings of the Constitutional Court that declared the constitutionality of these decrees. It is important to mention that the exercise of the right to social protest is concomitantly accompanied by other rights, such as the right to freedom of expression, the right to association, the right to free movement and mobility. In other words, it is unthinkable to exercise the right to social protest if these other aforementioned rights are not guaranteed. In conclusion, in the country, both judges (judicial and constitutional), prosecutors and authorities of the executive branch consider this right as a legal right rather than a fundamental right. These actions are protected under the umbrella of the state of emergency, which seeks to face a threat rather than ensure and protect social protest, contradicting the standards of the Commission, which has developed the right to protest as fundamental right.
EL PHISING COMO CIBERDELITO Y SU CONDUCTA TÍPICA DIFERENCIADA DE OTROS DELITOS INFORMÁTICOS EN EL ECUADOR
(2023-12) JOSÉ LIZANDRO CONFORME OJEDA; NELSON VELA ANDRADE
Phishing is an Anglo-Saxon term that refers to a malicious attitude within web browsing, seeking to deceive the user in order to access their data and assets. In this sense, this project had as background, the references on the growth of the incidence of this crime in the global, regional and local spheres. In the same way, it was possible to determine its general objective: to analyze the constitutive elements of "PHISING" as a new cybercrime and its typical conduct differentiated from other computer crimes established in the Comprehensive Organic Criminal Code. using the descriptive, analytical and documentary field research methodology; with the use of inductive-deductive and historical-legal methods; for which a collection of information was carried out through a questionnaire containing ten closed questions. Finally, the following results were obtained as a consequence: it was differentiated that the COIP crimes did not contain the type of Phishing. Keywords: computer crime, penal norm, penal type.
EFECTOS JURÍDICOS DEL PORTE Y USO DE ARMAS DE LA POBLACIÓN CIVIL ECUATORIANA FRENTE A LA PROPORCIONALIDAD DE LA LEGÍTIMA DEFENSA, 2023
(2023-12) MAGALLANES QUIJIJE DAVID ALLENDE
The purpose of this research is to determine the legal effects of Decree 707 on the accessibility of arms carrying licenses for the civilian population of Ecuador with respect to legitimate self-defense, using a mixed methodology based on a qualitative approach through normative analysis, The methodology used is a mixed one, since the qualitative approach was applied through a normative, theoretical and contextual-sociological analysis, as well as the quantitative approach through surveys directed to the civilian population, as for the findings in the systematization of the foundations of the pro and anti-carrying currents of thought, it was determined that there is not enough support to obtain effective results by arming the population, The recommendation or alternative solution is to establish new security policies under the principles of criminal procedure that are not related to arms possession, based on international sociological, legal, and experimental 3 studies, which revealed that the results obtained from the decree diminish the principles of criminal procedure in the face of the predominant force of society, From the Ecuadorian normative aspect, it was obtained that the legal effects of the decree give way to the creation and reform of several legal bodies for the strengthening of security institutions, in addition to the formulation of the problem that if there is an erroneous legal understanding and not proportional in the civilian population of the carrying of weapons due to their procedural ignorance and lack of knowledge of the law, it is possible to verify the existence of an erroneous and not proportional understanding in the civilian population of the carrying of weapons due to their procedural ignorance and lack of knowledge of the law.
La inadmisibilidad de la apelación al auto de llamamiento a juicio en el proceso penal en el Ecuador y sus efectos en el derecho al debido proceso
(2023-12) Barahona Cordero Eduardo Javier; Bastidas Pantoja Pedro Esteban
In Ecuador we are under the disposition of an accusatory criminal system, the set with the constitutional regulations and our comprehensive organic criminal code, both our Magna Carta and our code validate the equality of weapons that both the accused and the victim must have, and it is here in the intermediate stage or in the evaluative and preparatory stage of the trial where the defendant is allowed to incur the resolution where he is called to trial, giving him the right to appeal that the Ecuadorian constitution assists him but that despite there being no clear definition In the comprehensive organic criminal code, this challenge is not allowed and we consider that there is a clear violation of the right to appeal. The present work is considered as a line of Praxis Legal – Procedural research and within the theoretical framework we will expose with greater emphasis the appeal, as well as the order calling for trial, in contrast to unequal treatment of the parties as a result of a regulatory gap contained in the comprehensive organic penal code. Thus, causing damage to the defendant by denying him the challenge of the order calling for trial through the appeal typified in Art. 653 of the comprehensive organic criminal code for not containing in its regulations a permissive appeal to the order calling for trial. trial, so that they decide on their rights respecting due process as stated in literal 1, numeral 7 of art. 76 of the constitution of the Republic of Ecuador.
EFICACIA DEL HABEAS CORPUS FRENTE A LA CRISIS DE HACINAMIENTO CARCELARIO EN ECUADOR EN EL AÑO 2022
(2023-12) AMBAR NEMESIS AVILEZ MORÁN.; JENIFER MICHELLE ZÚÑIGA VERA
This research seeks to evaluate the effectiveness of habeas corpus as a constitutional remedy to protect the rights of individuals deprived of liberty in the face of the prison crisis in Ecuador in 2022. In Ecuador, 58% of the prisons are still overcrowded, whereas in Guayas the rehabilitation center No.5, there is an excess of 130.5% (Diario Primicias, 2023). Due to this alarming percentage, which has become a critical challenge, and has generated concerns about human rights and inhumane conditions in prisons; therefore, the following research question is raised: What is the effectiveness of habeas corpus in addressing and mitigating the prison crisis in Ecuador in 2022, and what factors affect its implementation and results? The inquiry dives into the complexity of habeas corpus implementation in the specific context of the prison overcrowding crisis, so we adopt a descriptive and documentary qualitative approach, exploring achievements, challenges, and structural and operational shortcomings of habeas corpus in the specific context of the overcrowding crisis. The effectiveness of habeas corpus is documented, and possible legislative reforms, operational to address the underlying causes of overcrowding, are proposed. The findings contribute to the academic dialogue by offering perspectives for policies and practices that respect fundamental rights in the Ecuadorian prison system. In conclusion, it is emphasized that the prison crisis in Ecuador is attributable to regulatory and structural deficiencies, underscoring the need for regulatory reforms through a multidisciplinary approach that promotes inter-institutional collaboration.
Las Alianzas Público-Privadas: Propuesta de solución para el desarrollo de viviendas de interés social por parte de los Gobiernos Autónomos Descentralizados.
(2023-10) Jimmy Romo-Leroux Caamaño; Andrés Castillo Tigse
The purpose of this article is to demonstrate how Public-Private Partnerships contribute to the development of social housing especially for the class, promoting innovation and housing quality, to learn about the benefits of this type of alliances and encourage the adoption of sustainable approaches in construction, thus improving the quality of life of vulnerable communities and promoting sustainable urban development and meeting the need for housing. The proposed research adopts a qualitative method with a deductive and dogmatic approach, this approach involves a study of the current regulations of Public-Private Partnerships in other countries to assess their applicability in the context of Municipal Public Housing Enterprises in Ecuador. Through this comparative analysis, it will be possible to identify effective solutions to satisfy the need for housing and provide an adequate home to the low-income population. The article focuses on analyzing the relevance of Public-Private Partnerships (PPP) in the development of low-income housing. The problem addressed is not necessarily the housing deficit and the need to improve the living conditions of disadvantaged communities, but to know how to solve them economically, since PPPs have proven to be an effective modality in the development of housing construction projects. The collaboration between the public and private sectors allows access to financing and specialized expertise, speeding up projects and improving the quality of housing.
ANÁLISIS SOBRE LA IMPLEMENTACIÓN DEL COMPLIANCE EN EL SISTEMA NACIONAL DE CONTRATACIÓN PÚBLICA PARA PREVENIR PRÁCTICAS DE CORRUPCIÓN.
(2023-12) ANA LIA PEÑAFIEL MONTOYA; JOSELYN STEFANIA TROYA TERRANOVA
This work focused on the utilization of compliance programs in both private and public spheres as a legal mechanism to identify, detect, and prevent acts of corruption. Within this context, the research aimed to analyze whether the implementation of compliance contributes to the public administration in Ecuador. The legal issue revolves around determining the necessity for the public administration to establish an effective and efficient mechanism, within its legal framework, to prevent acts of corruption within the Ecuadorian National Public Procurement Service (known as SERCOP, as per its acronym in Spanish). The methodology employed in this study was qualitative research, utilizing a deductive approach based on a bibliographic and documentary review of national and international sources. It also involved a jurisprudential and exegetical analysis to examine the regulations associated with public procurement and corruption. The results revealed that corruption is perceived as a natural behavior in state activities, undermining the collective interest of the populace and fostering distrust in public administration. Additionally, it was found that within the current regulatory framework in Ecuador, there are approaches to compliance programs, albeit these are applied in the private sector and are not mandatory. In conclusion, based on theories and doctrines, this work acknowledges that compliance programs are characterized by dynamism, evolution, adaptability, and integration with the attainment of norms, codes, regulations, and policies, utilizing methodologies to identify risks aimed at preventing corruption. Therefore, their contribution to public procurement is deemed effective and efficient.
ESTUDIO DE LA PROPORCIONALIDAD DE LAS MEDIDAS CAUTELARES EN EL PROCEDIMIENTO COACTIVO REGULADO EN EL CÓDIGO ORGÁNICO ADMINISTRATIVO.
(2023-12) LEANDRO ISRAEL CAMPOZANO RUEDA; MARIO JOSÉ SALAS SIERRA
This work studied the imposition of precautionary measures in coercive matters established in the Organic Administrative Code, whose limitation is set to the balance of the pending obligation, finding the legal problem regarding the aforementioned limitation that, in case of non-compliance, can be understood to threaten legal certainty and the principle of proportionality, on this principle, the parameters that determine its effective application were established. For which, qualitative and deductive research methods were used; additionally, two specific methodologies were used, axiological and realistic, for the analysis of legal concepts and principles. The results show that the application of the principle of proportionality for the adoption of precautionary measures in a coercive execution procedure must obey a rational exercise of the motivation for the act, ensuring that the measure adopted is appropriate and necessary in relation to the fulfillment of a legitimate purpose, where the collective interest represented in the State must be weighed. It was concluded that in effect this regulation, the limitation it establishes makes it complex to be applicable to the nature of the type of precautionary measure to be used, and can be solved with a proportionality test, in order to justify the act and ensure compliance with the obligation; Additionally, it can be seen that the same article does not establish the possibility that precautionary measures can be issued prior to the issuance of the collection order, with a prior procedure as established by the ordinary procedural standard.
INCIDENCIA DE LOS SMART CONTRACTS SOBRE EL DERECHO A LA TUTELA JUDICIAL EFECTIVA Y EL PRINCIPIO DE AUTONOMÍA DE VOLUNTAD DE LAS PARTES.
(2023-12) EMILY VICTORIA LOMAS HERRERA; DOMÉNICA DE LOURDES MARÍN TRIVIÑO
This article reviews smart contracts in relation to the principle of autonomy of will that governs the contractual sphere and the right to judicial protection, to determine if this form of contracting has any impact on them and to identify applicable legal standards to guarantee the rights of the parties. A characterization of this type of contracts is made from the technological and legal point of view, as well as its fields of application and its relationship with the right to judicial protection in relation to self-executing guarantees and the automatic way in which they are executed, in a staggered manner, the clauses agreed by the parties, which once entered into the chain of blocks in which the contract is supported, there is no possibility of renegotiating its clauses, rescinding it or resorting to other usual figures of breach of contract such as the case fortuitous and force majeure. It is concluded that although this form of contracting is potentially negative for the exercise of some procedural rights, the Ecuadorian legal system offers clear answers in this regard.
LA DETERMINACIÓN DEL CONTENIDO CONSTITUCIONALMENTE PROTEGIDO DE LOS DERECHOS COMO HERRAMIENTA PARA LA EFECTIVA APLICACIÓN DE LAS ACCIONES EXTRAORDINARIAS DE PROTECCIÓN.
(2023-12) MIRIAM ANDREA DUEÑAS COELLO; MARÍA BELÉN VERA ZAMBRANO
In Ecuador, the Court established that to file an extraordinary protection action there must be a prior violation of a right, however, since this control body only admits 9.84% of the jurisdictional guarantee actions presented, it is necessary to identify the specificity in relation to the hard core of the right supposedly violated. Therefore, this article used the research question: How does the identification of the standards that delimit the essential content of rights allow the effective application of constitutional guarantees, such as extraordinary protection action? To obtain the answer, inductive, qualitative, and legal hermeneutic research methods were applied, obtaining the following findings: delimiting the essential content of the law allows for definitive validity of a norm, however, there are detractors who claim that it is an indeterminate legal concept that It does not resolve legislative omissions; likewise, it must be taken into account that its protection varies according to the legal system and domestic laws. In Ecuador, the legal system does not establish a hierarchy of rights, therefore, it is difficult to accurately establish the essential content in an abstract way; however, it was determined that the relationship between the constitutionally protected content and extraordinary protection actions is close. the first being the basis of rights, and the second a tool for their effectiveness. Concluding that, for the appropriate use of extraordinary protection actions, it is necessary to determine the protected content of the right, thus guaranteeing the effective protection of principles through constitutional guarantees.
LA CONSTITUCIONALIDAD DE LA APLICACIÓN DE LAS ACCIONES AFIRMATIVAS A FAVOR DE LA IGUALDAD DE GÉNERO EN EL ÁMBITO DE LA PARTICIPACIÓN POLÍTICA
(2023-12) ANEZKA GIOVANNA BELLO ESPINOZA; ALEJANDRA ROMINA VENEGAS LLORENTE
The present work analyzed the doctrine and the Ecuadorian legal system regarding affirmative actions focused on women in political participation, it was evident that the legal problem is the determination of the constitutionality regarding the development and application of the same, in light of the principle of equality. In this research, the qualitative method was applied, developing what is typified in the constitutional regulations focused on prevailing equality and the legal mechanisms that are applied to achieve it in a comprehensive manner. During the development of the research, it has been found that in Ecuador there is discrimination against women in the political sphere, which is why it is necessary to develop public policies focused on guaranteeing parity, and their application will result in avoiding the violation of rights. rights of women who run for a popular election, thus creating a more just and democratic society. The effective development of public policies contributes to allowing political participation in gender equality during popular elections, promoting that every person enjoying their political rights can run without the risk of suffering discrimination, violating their constitutional right of participation. policy, developing a culture of social equality based on the application of affirmative actions as the only effective mechanism for the systematic eradication of manifestations of inequality and exclusion in Ecuadorian society.
La Inaplicación de las Garantías Penitenciarias en los Sentenciados por el Delito de Lavado de Activos en el Ecuador
(2023-12) John Santiago Romo Amoroso; Jaime Enrique Gallardo Centeno
Within this work, an in-depth analysis has been carried out on two very important topics currently in the field of criminal law, one of them is penitentiary guarantees. In this work, a historical account has been made of how penitentiary guarantees were born in Ecuador, its advances, benefits and scope. An analysis of penitentiary guarantees has been carried out taking as a source several authors who deal with the subject and clarify the rights of those deprived of liberty, over time, being necessary to see this to understand the rights acquired by these citizens, also in this Section has discussed the application of regulations corresponding to the phase of the execution of the sentence, which is contemplated in the Comprehensive Organic Penal Code (COIP). Another topic discussed is the crime of money laundering, taking as a source several dogmatic sources, with authors who explain the origin of this crime, its object, type of crime, scope and form of regulation in the country, in response to this a inclusion of our article 317 of the COIP, where this illegal act is classified. Finally, regarding the object of study, an in-depth analysis has been made of the reform carried out on December 24, 2019, its transgression of constitutional rights and non-application of penitentiary guarantees, demonstrating the distinction to those sentenced for this type of crime, limiting in this way the rights of those deprived of liberty.
DISCRIMINACIÓN LABORAL DE PERSONAS CON DISCAPACIDAD EN EL SECTOR PÚBLICO DE LA PROVINCIA DE SANTA ELENA: ANÁLISIS TEÓRICO Y JURISPRUDENCIAL.
(2023-12) BYRON VINICIO CASTRO BALLADARES; OSCAR STID CABEZAS VELASCO
The present research analyzes employment discrimination against people with disabilities in the public sector of the province of Santa Elena, through a theoretical, regulatory and jurisprudential analysis. To this end, it was necessary to study the general principles and rules that protect people with disabilities, their common and specific rights and especially the right and especially the right to equality in its formal and material dimensions, as well as their right to non-discrimination in the workplace, both in access to employment and in job. All of this reinforced with an analysis of the Sentence No. 258-15-SEP-CC, Case No. 2184-11-EP. Where the violation of the right to work of the person with disabilities was determined and they settled mandatory jurisprudential lines for contracting through occasional services contracts, where in which despite its temporary nature, these people must be guarantee the right to enhanced job stability of which they are entitled. To determine how the first-level judges are applied these criteria, a study was made of sentences handed down by the Multicompetent Chamber of the Provincial Court of Justice of Santa Elena, which heard of the appeals resources and analyzed the rights allegedly violated. It was pertinent to carry out an investigation with a qualitative, documentary-type approach, applying the methods of analysis and synthesis and legal exegetical analysis, which allowed us to conclude that the existence of employment discrimination regarding people with disabilities is a reality, based on which the respective recommendations are formulated.
El Derecho a la lactancia materna como garantía constitucional. Revisión de parámetros, desafíos y oportunidades.
(2023-10) GEOVANNA MICHELLE NÁJERA TELLO; ANA PAULA CÁCERES ZAMBRANO
This study examined the constitutional protection of the right to breastfeeding for Ecuadorian female workers. It was based on a comprehensive analysis of legislation and a detailed review of judicial decisions from the Constitutional Court, focusing on jurisprudence. Legal rigor guided the methodology to clarify the constitutionally protected content of the right to breastfeeding. The results highlighted variability in the implementation of legal provisions regarding breastfeeding, emphasizing the need to review and harmonize application mechanisms. Constitutional Court jurisprudence, thoroughly analyzed, underscores the importance of considering pregnant or lactating women as a priority group, imposing legal obligations, and reflecting sensitivity to the comprehensive protection of women in maternity situations. Aligned with high scientific standards, this article aims to contribute to legal knowledge. Findings emphasize the need for reforms in legal mechanisms to effectively guarantee the right to breastfeeding. Attention to jurisprudence provides a solid foundation for future research, contributing to the development of policies supporting female workers in exercising this fundamental right.
EL PERITAJE ANTROPOLÓGICO Y SU USO EN EL PROCESO PENAL ECUATORIANO
(2023-12) CRISTINA GABRIELA LOOR MIRANDA; CARLOS LUIS SANCHEZ GAETE
The purpose of this research is to make an analysis on the use of anthropological expertise as a means of proof within the Ecuadorian criminal process, visualizing its use to achieve effective judicial protection and guarantees of due process. It is for this reason that the objective of this study focused on establishing the uses of this expert evidence in the criminal process, as well as the flaws and distortions of interpretation that occur in judicial practice. In this sense, the research was based on a theoretical-normative review of anthropological expertise and its practical application in the reality of criminal proceedings. In this way, we seek to make known the uses of this means of proof and how it can contribute to the judging and effectiveness of sanctions against people within the framework of a diverse worldview. Regarding the research methodology used, the qualitative modality was applied with doctrinal study, review and analysis of Ecuadorian regulations and case studies, based on inductive and deductive methods, as well as analysis and synthesis that have allowed each of the units to be broken down. of study referred to. As a result, it was obtained that anthropological expert evidence must be studied in depth by justice operators, in order for it to be included with greater regularity and relevance and allow access to higher standards of justice from the perspective of the constitutional state of rights.
ANÁLISIS DE LA APLICACIÓN DEL TEST DE PROPORCIONALIDAD EN LA DETERMINACIÓN DE LA PRISIÓN PREVENTIVA EN LA PROVINCIA DEL GUAYAS 2018 – 2022
(2023-12) Saúl Alberto Mero Zambrano
Criminal law is based on different principles such as the principle of legality, proportionality, minimum intervention, last ratio, among others. Currently there are multiple doctrines that aspire to become a standard theory that explains criminal law in t he Constitutional State, among them, we find penal functionalism and guaranteeism. Although functionalism has had extensive diffusion in Latin America, its autopoietic, normativist conception and its ideological commitments to the doctrines of states of ex ception and the law of the enemy have not been able to displace the liberal guaranteeist conception of criminal law, for which the The objective of the criminal law is to protect legal assets. In this sense, although criminal law is applied based on certai n principles that are interpretative standards, such as the principle of minimum intervention or the principle of harm, criminal legislation has incorporated precautionary measures aimed at protecting the administration of justice such as preventive prison In this sense, preventive detention is a restrictive measure of freedom and although it has a positivization of legal order, it needs a foundation of a constitutional nature to justify its application. Therefore, the incorporation of the proportionality test as a methodology for applying the principles is configured as a constitutional requirement to determine the reasonableness of the measure that restricts a fundamental right. This investigation will be carried out using the logical deductive method and the jurisprudential case method, that is, from the particular to the general since it involves determining a non random sample of resolutions in which preventive detention has been declared justified; Likewise, the exegetical hermeneutical method will be applied since the nature of criminal legal institutes is normative and as expressions of meanings manifested through texts, an understanding of them is necessary. The techniques will be the signing and analysis of cases. As a result of the research, we exp ect a systematization of the methods, standards and interpretive criteria that have justified the origin of preventive detentions by applying the proportionality test.
ANÁLISIS COMPARATIVO SOBRE EL USO DE LA PRISIÓN PREVENTIVA COMO MEDIDA CAUTELAR EN EL DERECHO PENAL DE ECUADOR Y PERÚ
(2023-12) SABANDO RODRÍGUEZ JELITZA DAYANA; PATIÑO MOREIRA MILTON ARNOLDO
Legislation ensures fair administration of justice for all members of society through legal frameworks that support the observance of fundamental principles and rights within the context of a State. Among these essential and inalienable rights are individual liberty and the presumption of innocence until proven guilty. In this research study, preventive detention has been analyzed as a personal and exceptional precautionary measure that limits the exercise of the right to liberty for a significant period. This measure will only be applied in situations where other precautionary measures are insufficient to ensure the objectives of the process, which focus on the legal verification of the existence of infringement measures and the determination of the criminal responsibility of the accused. In the theoretical field, logical historical approaches and synthetic analyzes were used, while in the empirical aspect a documentary analysis and an exegetical analysis were carried out. The results obtained are linked to continuous efforts at the international level to protect the human rights of citizens.

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