Derecho-Tesis de Pregrado

Permanent URI for this collectionhttps://dspace-test.ucuenca.edu.ec/handle/123456789/185

Browse

Recent Submissions

Now showing 1 - 20 of 112
  • Thumbnail Image
    Item
    El Divorcio: Análisis de la Novena Causal
    (Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 1994) Iñiguez Rodríguez, Teresita; Machuca Bravo, Kaisser
  • Thumbnail Image
    Item
    Incidencia de la mediación comunitaria en la parroquia rural de Tarqui del cantón Cuenca, Ecuador
    (Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2026-02-25) Lojano Tepan, Lilia Mercedes; Torres Rodas, Marlon Tiberio
    Since 2008, alternative dispute resolution methods have been constitutionally recognized in Ecuador, enabling different ways to resolve conflicts in a consensual and balanced manner between the parties. One recognized form of conflict resolution is community mediation, which is regulated under the Ley de Arbitraje y Mediación as a right of community organizations to settle disputes. In this regard, to analyze the practical application of community mediation in Tarqui in the city of Cuenca, a qualitative approach was employed, utilizing a case study methodological design and applying research techniques such as literature review and structured interviews. The findings indicate that, as of 2023, the practical implementation of community mediation in Ecuador has not been widely addressed. Furthermore, it faces challenges such as a lack of regulatory framework, limited knowledge among mediators, low participation, and an insufficient culture of peace in the social reality, which ultimately results in the limited effectiveness of this process.
  • Thumbnail Image
    Item
    Análisis del Decreto Ejecutivo Nro. 560 en el contexto normativo y migratorio ecuatoriano. Sus implicancias en el Derecho Internacional
    (Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2026-01-05) Pauta Ochoa, Iván David; Monsalve Tamariz, Diego Andrés
    How should national sovereignty be balanced with various international commitments within the context of migration? The recent repeal of the migration amnesty through Executive Decree No. 560, drafted by President Daniel Noboa, has sparked multiple debates about human rights, migration governance and international obligations, as it substantially transformed the legal and social landscape of Venezuelan migrant citizens in Ecuador. They could opt for regularization of their status in the country until the iss uance of the executive decree, which ended the Migration Statute signed with Venezuela in 2011, affecting Venezuelan migrants residing in the country and their rights. Therefore, this analysis and research paper will address how executive decree responds to domestic policy needs but also have international impacts, specifically in the management of human mobility. The main objective is, analyzing the legal consistency of Executive Decree No. 560 with domestic and international law, assessing its impact on the migrant’s human rights, and examining its effects on the bilateral relationship between Ecuador and Venezuela.
  • Thumbnail Image
    Item
    Criminología educativa: medidas de prevención y control de delito en menores de edad
    (Universidad de Cuenca, 2024-02-27) Bueno Gualán, Erika Thalía; Peña Aguirre, Juan Antonio
    This research was developed with the objective of highlighting the importance of educational criminology and the intervention of a professional specialized in criminology in educational centers to control and prevent crime in minors between 12 and 17 years of age. For the development of the research, the descriptive method was used in the first two chapters to address the theoretical foundations about criminology and educational criminology as well as the strategic components of the plans and policies implemented for the prevention and control of antisocial behavior in the educational context; and in the third chapter, which covered the methodological part, the method of critical-descriptive analysis and interview techniques were used to determine the relevance and contribution of educational criminology in the prevention and control of crime, as well as the intervention of the professional specialized in criminology in educational centers, especially in the Department of Student Counseling. Finally, it was concluded that juvenile delinquency is a social phenomenon that our country faces and can manifest itself in educational centers, so by not addressing it in a timely manner through criminological studies and intervention of professionals specialized in criminology for the development of effective preventive strategies in cooperation with other professionals and for the treatment of potentially criminal behavior, may generate criminal tendencies in the future.
  • Thumbnail Image
    Item
  • Thumbnail Image
    Item
    El derecho a beneficiarse de la naturaleza, frente al reconocimiento constitucional de los derechos de los animales
    (Universidad de Cuenca, 2023-02-28) Carrera Orellana, Evelyn Samantha; Idrovo Torres, Diego Francisco
    Since the Constitutional recognition of the Rights of Nature, Environmental Law has made enormous strides in its growth. However, there are still legal loopholes or contradictions that can give rise to various interpretations. Such is the case of the present relationship between the Constitutional Right to Benefit from Nature and Animal Rights. The purpose of this research work is to analyze the aforementioned relationship; to describe the problems it entails, the solutions that have been proposed, but from a purely practical aspect, although in order to carry out this study it is necessary to be accompanied by the doctrine. In the first chapter, the Constitutional Rights will be analyzed: its generalities, characteristics, source and content; this because the possibility of benefiting from nature is contained in article 74 of the Ecuadorian Constitution. To continue, the second chapter will start with the recognition of nature as a subject of rights, then with the analysis of its elements, to finish with a clear focus on the rights of animals, being these the most important point of the work. In the third chapter, a survey will be carried out with people who have legal knowledge and those who do not, with the purpose of having knowledge of the opinion of the Ecuadorian society about the rights of animals and our benefit, but mainly to know if it would be viable to develop a law that regulates this situation. With all this content, conclusions and recommendations are presented with the objective of obtaining a better legal condition for animals without directly affecting human beings.
  • Thumbnail Image
    Item
    Análisis de la agresión actual e ilegítima como elemento de la legítima defensa dentro del caso No. 01283-2018-01476
    (Universidad de Cuenca, 2021-10-13) Ramírez Cóndor, Michelle Carolina; Martínez Izquierdo, Diego Xavier
    During the development of the job, an analysis of all of the circumstances in fact and in law that was related to the judicial process number 01283-2018-01476 was carried out, whereby Hernan Patricio Coraizaca was killed and Jennifer Tatiana Guzhñay was processed for being presumed to be responsible for the assassination tipified in the Article 140, number 1 of the Organic Integral Criminal Code (COIP). Within the investigation, there was a description of the actions of each of the organisms who intervened and resolved the issue. The circumstances were also established within the people who committed the judged infractions, and the evidence that was valued within the process. In addition, a detailed study was carried out of the sentence emitted by the Court of Guaranteed Criminals on site in Cuenca, where the case is sustained, that ratified the innocent status of Jennifer Tatiana Guzhñay for having acted with legitimate defence. Similarly, each of the arguments sustained by the Fiscal General of the state, the technical defense of the victim and of the accused, was analyzed. Whereby the study was carried out rigorously and with detail of the legitimate defence of each of the necessary and indispensable requirements in order to plead, but from a focus of the intrafamilial violence that merits the present case
  • Thumbnail Image
    Item
    La buena gobernanza de los recursos naturales, especial referencia al recurso natural Agua en Cuenca-Ecuador. Análisis del caso Río Blanco
    (2019-05-10) Bermeo Cabrera, Edgar Francisco; Martínez Moscoso, Fernando Andrés
    This research work makes an analysis of the regulatory framework, as well as, national and international public policies, about the "Good Governance" of natural resources, with special reference to the water resource; and, because it is an exploratory research and based on the importance of the case, it studies this model of governance in the practical application of the “Río Blanco” case. In the methodology, the historical method and the dogmatic method are applied. As the research is analytical, it is performed by the semi-structured interview tool (delphi method), then three actors were selected: an academic, an adviser of the public entity and a social leader. Moreover, an interview was developed with the directors of an Administrative Board of Drinking Water and Sanitation; and a focus group in a community of Cuenca city. The main results that the investigation found were that in Ecuador, while the Constitution establishes guarantees to the nature; at the same time, the socio-economic needs have led the regulatory body itself to grant the power to exploit natural resources, in order to safeguard the decent life. In this sense, the "Good Governance” of natural resources is the balance between these two positions.
  • Thumbnail Image
    Item
    El derecho y la moral
    (1966) Cisneros Rendón, Jaime
  • Thumbnail Image
    Item
  • Thumbnail Image
    Item
    EL GÉNESIS DE TARQUI: ESTUDIO HISTÓRICO SOCIAL
    (Universidad de Cuenca. Facultad de Jurisprudencia, 1991) Pérez Guartambel, Carlos; Gallegos Hermida, Hugo
  • Thumbnail Image
    Item
    La parroquia San Joaquín: las urbanizaciones y sus incidencias socioeconómicas y ecológicas
    (1987) Torres Verdugo, Jenny Patricia; Bernal Villa, Max Hernán
  • Thumbnail Image
    Item
    El indio en el Ecuador: su realidad
    (1976) Narváez Vicuña, Wilson; Cordero Espinosa, Jacinto
  • Thumbnail Image
    Item
  • Thumbnail Image
    Item
  • Thumbnail Image
    Item
    El proceso coactivo tributario dentro de la legislación ecuatoriana
    (2016) Morales Beltrán, Milton Marcelo; Torres Rodas, Marlon Tiberio
    It is evident that the payment of taxes by taxpayers to the state in most cases turns out to be poorly understood or accepted, causing very serious and harmful problems to taxpayers, In view of this the Central Government through its Authority tax (SRI), with due skill to perform this task, it has had the need to regulate a coercive collection process for those taxpayers who are as blackberry and tax evasion - and have not met the provisions of the law. For this reason the present monograph, is aimed at analyzing the correct application of the Tax Code, in cases of debts to the treasury, where it has filed a collection route through coercive; why you need to know in a clear, precise and forceful legal / administrative way of action by the competent authorities to carry out the most effective procedure for recovery, reflected in the principle of efficiency in tax collection contained in the Constitution of the Republic of Ecuador.
  • Thumbnail Image
    Item
    Análisis de las formas anticipadas de terminación de los procesos y procedimientos alternativos, en relación con adolescentes infractores en el Ecuador
    (2016) Amaya Pardo, Stephanie Alexandra; Cárdenas Yánez, Nancy Susana
    This research topic focuses on analyzing the early forms for completion of processes in all matters concerning juvenile offenders, however, prior to this, I have developed general conceptions about themselves, their historical review and analysis of laws Brazil, Colombia and Chile; Also taking into consideration that the adolescent is highly protected internationally, I have analyzed the international treaties of which Ecuador is a signatory. Whereas the prosecution of juvenile offenders have some special character that differentiates the trial of adults, in Chapter I also have addressed all matters relating to criminal proceedings in direct relation to juvenile offenders and their guarantees, as well as I developed each of the procedural stages for judging them. Also I have made an analysis of each of the socio-educational measures that can be applied to a young offenders once determined their responsibility in the commission of an offense, considering as a way to re-educate the teenager having as its goal the development.
  • Thumbnail Image
    Item
    Las acciones posesorias y su tramitación en la legislación ecuatoriana
    (2016) Villa Uchupaille, Lourdes Mariela; Machuca Bravo, Kaisser
    Possession is a legal institution protected by law, defined as the tenure of an objectas the lord, owner, or master figure. The concurrence of two elements are required to allow theexistence of possession, which are: the corpus and animus; being the corpus fact power over the object, and the animus the intention of behaving as the owner, lord or master or intend to have the thing for himself or herself. Possession is a fact that generates rights. Nowadays, possessory actions are widely used in the administration of justice to preserve or restore the possession.The holder can be defended against attacks or injuries from others through these actions.Possession produce certain legal effects such as, the presumption to be considered the owner, the right to have protection and defense, and the right to the profits and the possibility of acquiring ownership through prescription. Possessory actions are intended to preserve or regain possession; for instance, when a person considers that its ownership rights have been violated may apply to a competent judge and claim for the reinstitution of the possession and to be compensated for the damages caused by the usurper.To raise this action is necessary to gather requirements such as, owning the property, possession must be public, and peaceful for an uninterrupted year. The holder enjoys rights such as, the right to ask to not disturb his or her possession, the right to the profits.
  • Thumbnail Image
    Item
    La prescripción como modo de extinguir las obligaciones tributarias, dentro de la legislación ecuatoriana
    (2015) Sarmiento Pisco, Andrea Estefanía; Torres Rodas, Marlon Tiberio
    This research aims to analyze the prescription as a way to extinguish the tax liability, for which is considered the Ecuadorian legislation related to the topic, also we will try to make a comparative study between prescribing operating in tax obligations with civil matters. Keep in mind fort that this institution cause legal effect is necessary two main reasons that lead to its existence. The inactivity of the tax administration presumes abandonment and therefore little interest by the Tax Administration. Also, requires the mere passage of time to configure the prescription; in other words, the course of time and the inactivity of the taxpayer or of the Tax Administration inside the tax legal relationship are elements that give rise to the legal institution of the prescription. The law does not reward the abandonment, neglect or worse the carelessness of those who aim to turn endless an Right, however when this right is not exercised in due time, the law allows that those credits can be terminated by the institution Legal subject of this research, a fact which must be distinguished from the expiration, because its allows extinguish the Right of Tax Administration to determine the tax liability directly and automatically, without the requirement of part needed. It`s important talk of this issue because it allows to visualize the advantages associated with their exercise for the taxpayer as well as to the Tax Administration, also the problems and limitations that its execution would result. To perform this research has used deductive method, the same as through a bibliography compilation, archivist and other necessary for this purpose, allows get conclusions that contribute to the prescription concerning legal debate on tax matters.
  • Thumbnail Image
    Item
    Regulación de las importaciones como medidas de protección de la economía nacional
    (2015) Mogrovejo Lazo, Mabel Stefany; Torres Rodas, Marlon Tiberio
    In recent years the development of foreign trade has been characterized by protectionist measures, but through reforms in tariffs, safeguards on certain imports through the resolutions issued by the Ministry of Foreign Trade (COMEX). In Ecuador for several years, It has been the increase in imports being greater than exports which contributed to worsen the deficit in the trade balance; This is why our country has implemented a series of government measures such as high tariff rates on imports to mitigate the toll on their balance of payments because of falling the oil prices and the application of the U.S. Dollar as internal currency. These restrictions to imports does not result in a true free trade in the countries which has signed a trade agreement. In addition to establishing protective measures a rise is established and Impact on competitiveness against imported goods and who is harmed ultimately it is the consumer. Thus, it is necessary to assess whether the economic policies imposed by the state have done its job, and if it is right to keep them, given that some of them (such as safeguards) are temporary and must be ratified if its benefit is confirmed.