Browsing by Author "Cabrera Prado, Juan Carlos"

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Análisis jurídico de las fuentes no contractuales de las obligaciones civiles
(2002) Cabrera Prado, Juan Carlos; Moscoso Jaramillo, Homero
Crítica al proceso de nulidad de declaratoria de muerte presunta para recuperación de derechos ciudadanos en el caso Bertha Revelo Erazo No 15951-2019-01156 en Tena, Napo-Ecuador
(Universidad de Cuenca, 2024-02-29) Sacta Reinoso, Alexander Sebastián; Cabrera Prado, Juan Carlos
This work will analyze the process of nullifying the declaration of presumed death in the event that the absent person appears, applied in case No 15951-2019-01156 followed by Bertha Revelo Erazo in the Family, Women, Children and Adolescence Judicial Unit with headquarters in the Tena canton, which calls into question whether the application of the revocation of definitive possession to nullify the declaration of presumed death is correct or whether such special figure of nullity does not exist in the Ecuadorian legal system, which will be the object of this analysis, focusing on the study and scope of the revocation of definitive possession and a doctrinal and legal compilation of what the nullity of the declaration of presumed death implies, finally a recommendation for reform will be made given the need to regulate this issue in Ecuador.
El daño moral causado por el despido intempestivo discriminatorio en el Ecuador. Análisis del caso no. 01333-2018-00138
(2020-01-30) Díaz Yanza, Álvaro Moisés; Cabrera Prado, Juan Carlos
In this paper, a critical analysis will be carried out on the origin of compensation for moral damage in the unilateral termination of the labor relationship in Ecuador. To establish the problem we saw the need to analyze the process number 01333-2018-00138, where the substantive discussion or the legal problem was the origin of civil liability in the untimely discriminatory dismissal. In this way, since on the one hand it is considered that there is no additional compensation to the legal rate, others consider that if the additional compensation for moral damage in certain labor relations is appropriate, the objective of the present analysis is to determine which of the two currents is applicable in our legislation.
Demanda dirigida en contra de los representantes del causante, de acuerdo con el artículo 34 del Código Orgánico General de Procesos
(Universidad de Cuenca, 2023-09-12) Pacheco Torres, Walter Eduardo; Cabrera Prado, Juan Carlos
In this research work, an analysis will be made regarding the legal figure of the representation of the deceased in accordance with Article 34 of the General Organic Code of Processes, in order to explain the correct application of the current standard. Which has generated doubts within the administration of justice due to the fact that there is no specific procedure to establish the person in charge of being the curator of the lying estate and being able to represent the rights and obligations of the parties so that there is no violation of the rights of both the heirs and the person of the deceased, for which reason the Civil Code has been resorted to. In order to be able to elucidate the normative scope of this article, basic concepts were taken into consideration within the field of inheritance law, as well as in the field of procedural law, concluding that the figure of the representation of the deceased is indispensable in order not to leave the heirs who have not accepted or repudiated the inheritance helpless.
El futbolista profesional en relación a un trabajador común en Ecuador
(Universidad de Cuenca, 2024-03-07) Ramón Idrovo, Josué Carlos; Cabrera Prado, Juan Carlos
This study examined the context of a professional footballer and an ordinary worker in Ecuador to understand their differences and applicable regulations and to lay the groundwork for the advantages and disadvantages that each object of study would have. A comparative approach was used, first by collecting all relevant regulations for each object of study and second by examining the systems for claiming rights. This method of comparative analysis enabled a comparison that revealed the advantages and disadvantages inherent in each study object. As a result of this comparison, we discovered that each of the study objects has its area where it has superior advantages over the other. It is necessary to create a balance so that both are not clearly at a disadvantage in certain aspects by proposing reform or improvement in the applicable laws and in the systems that surround them
Errores más frecuentes en la presentación de la demanda en los casos de solicitud de declaratoria de ineficacia del despido y su repercusión en los derechos de los trabajadores
(Universidad de Cuenca, 2020-10-06) Illescas Muñoz, Melanny Michelle; Cabrera Prado, Juan Carlos
The Organic Law for Labor Justice and Recognition of Work at Home, introduces reforms to the Labor Code, the same that within its provisions aims to ensure the stability of a certain group of workers, being pregnant women or associated with their gestation condition or maternity and of the union leaders, through the figure of ineffective dismissal, which establishes a summary procedure with reduced times such as in the case of childhood and adolescence, which must be initiated by the worker, who has been the subject of dismissal by his employer, based on the demand that is the initial action, which must be central and unique to the declaration of ineffectiveness, the judge at the time of classifying the demand may issue precautionary measures that allow reinstatement of the worker while the procedure lasts, if the ineffectiveness of the dismissal is admitted, additional indemnities are established to those established in the law to favor of the worker.
La Función del derecho a la propiedad: análisis comparativo entre la constitución política vigente y el proyecto de Constitución Política elaborada por la comisión de juristas del Conesup
(2008) Cabrera Prado, Juan Carlos; Moscoso Jaramillo, Homero
Implementación del uso de Inteligencia Artificial (IA) como herramienta generadora de criterios resolutivos coadyuvantes al ejercicio decisional de los jueces dentro de las controversias judiciales civiles en el Ecuador: ¿fiabilidad en el razonamiento digital?
(Universidad de Cuenca, 2025-03-06) Ludeña Torres, Sergio Mateo; Cabrera Prado, Juan Carlos
This degree work addresses the issue concerning the emergence of artificial intelligence as an emerging topic of high impact on the daily life of today’s society, displacing its appearance even in fields of knowledge such as law, and of course, in the administration of justice in Ecuador. The main objective of this research instrument was to examine a possible implementation of the use of artificial intelligence as an adjuvant tool in the administration of Ecuadorian justice, specifically, at the time of decision making by judges when they are directing the development of a civil judicial controversy. For this purpose, a deductive methodology with an analytical-descriptive scope was proposed. The theoretical development was based on the review of academic documentation at a global level and on a reasoned exercise regarding a possible extrapolation of the application of artificial intelligence present in other latitudes to our country. In this way, it is concluded that artificial intelligence, in the Ecuadorian context, is capable of issuing criteria to assist the decisional work of judges in civil judicial controversies; and, therefore, the incorporation of this digital reasoning during the decision-making process of Ecuadorian judges would be potentially feasible.
La capacidad jurídica de las personas con discapacidad intelectual en el Ecuador, desde un enfoque de los derechos humanos, y los nuevos retos normativos
(Universidad de Cuenca, 2024-01-10) Peña Vásquez, Angela Estefanía; Cabrera Prado, Juan Carlos
The International Convention on the Rights of Persons with Disabilities is mentioned regarding its impact on different countries such as Spain, Argentina, Chile, Colombia, Ecuador, and the United Kingdom. Legal provisions related to the legal capacity of people with disabilities were explored, emphasizing the importance of the Convention on the Rights of Persons with Disabilities in ensuring equal rights. Specific legislations of each country were examined,noting progress and challenges in protecting the rights of individuals with intellectual disabilities. Topics such as legal capacity, interdiction, and the need for more flexible approaches based on the human rights paradigm were highlighted. In summary, the conversation provided a detailed analysis of disability-related legislation and practices in various legal contexts, emphasizing the importance of an inclusive and respectful human rights approach for people with disabilities.
La contratación informal en las mujeres de la parroquia Paccha de la Provincia del Azuay
(Universidad de Cuenca, 2024-09-12) Orellana Mendoza, Andrea Carolina; Cabrera Prado, Juan Carlos
This research analyzes the dynamic characteristics and consequences of informal employment among the female population in the parish of Paccha, located in the Azuay province, to understand how labor relations outside legal regulations impact their living conditions, stability, and labor rights. Through the implementation of a combination of qualitative and exploratory research methods, data were collected via interviews and surveys with informal female workers, as well as through a review of relevant documentation and labor statistics. This approach enabled the examination of the judicialization of cases related to informal employment. The results reveal that women in Paccha face precarious working conditions, with low wages and a lack of social benefits, negatively impacting their economic and social well-being. These adverse conditions affect their physical and mental health, access to education, and overall family welfare, perpetuating cycles of poverty and social exclusion. The research also found that few cases of informal employment are brought to justice due to barriers such as a lack of knowledge about labor rights, fear of reprisals, and distrust in the judicial system.
La desnaturalización de la acción de protección y la declaración de prescripción adquisitiva extraordinaria de dominio: análisis del caso No. 1178- 19-JP de la Corte Constitucional, en el Ecuador
(Universidad de Cuenca, 2024-03-06) Vega Méndez, Juan Pablo; Cabrera Prado, Juan Carlos
In this legal case study, an analysis is carried out of the denaturalization of the protection action within case No. 1178-19-JP, which was known and resolved by the Constitutional Court of Ecuador, regarding the declaration of the extraordinary acquisition prescription ownership of real estate through protection action No. 08252-2011-0759, with the purpose of determining whether the Constitutional Court took into account the constitutional precedents regarding the protection action applicable to the specific case and to verify if indeed The protection action was distorted, therefore, the sentence issued by the Constitutional Court will be analyzed within the previously indicated cause, in order to respond to the stated objectives. The nature of the protection action and the extraordinary acquisitive prescription action of domain will also be analyzed in the doctrine and in the following regulatory bodies of Ecuadorian legislation: the Constitution of the Republic of Ecuador (CRE), the Organic Law of Guarantees Jurisdictional and Constitutional Control (LOGJCC), the Ecuadorian Civil Code and the General Organic Code of Procedures (COGEP). With the objective of identifying, within ordinary justice, what is the ideal mechanism to declare the extraordinary acquisition prescription of ownership of real estate in the Ecuadorian legal system.
La prueba en el procedimiento sumario laboral, aplicada a los actos de proposición y su practica en audiencia. Fortalezas y errores
(Universidad de Cuenca, 2021-01-11) Calle Tapia, Milton Daniel; Cabrera Prado, Juan Carlos
The following research focuses on the theoretical and practical study of the proof in the “Labor Summary Procedure” applied specially to the acts of proposition and its practice in the Hearing. After analyzing the cases that were put into consideration by the “Labor Judges” it can be drawn as a conclusion that: in the vast majority of them, the defense attorneys have not presented the proof with the due prolixity that each case requires. Those flaws can be noted from the pre-procedural stage, in the lawsuit´s drafting, the answer, and more specifically in the announcement and production of the proof. In the same way, when attending, witnessing, observing and analyzing the “single Hearing” in the labor cases (mostly) there is a lack of preparation of law professionals in oral litigation techniques, and they even seem to forget that both labor law and social security law are eminently technical, which requires specific knowledge of the labor issue, which must necessarily be reviewed by all future legal professionals and the lawyers themselves.
La prueba testimonial como diligencia de oficio para el esclarecimiento de los hechos controvertidos
(Universidad de Cuenca, 2024-05-13) Loyola Cazorla, Santiago Andrés; Cabrera Prado, Juan Carlos
The present investigative work has been developed with the purpose of analyzing and publicizing the controversy that arises when the judge orders under his authority the practice of evidence to better resolve, thus determining what are the effects produced by the judge's action within of a procedure that is carried out by judicial means. That is why the responsibility ends up falling on the judicial body, that is, on the people in charge of doing justice within the national territory, the same ones who must monitor for the full guarantee of the legal and constitutional regulations that the Legislative Power has implemented and embodied. previously in the regulatory bodies. In general,it can be concluded that testimonial evidence to better resolve is a legal figure that currently gives the judge the power to request the testimony of a person to try to clarify certain controversial facts within the process that is being carried out.
La vulneración del ejercicio de los derechos del arrendatario a consecuencia de las reformas introducidas por la disposición reformatoria décima numeral 6 de Ley n°. 0, publicada en Registro Oficial suplemento 506 de 22 de mayo del 2015 y vigente desde el 22 de mayo del 2016
(Universidad de Cuenca, 2021-10-13) Toledo Jiménez, Gustavo Alfredo; Cabrera Prado, Juan Carlos
The research, the violation of the exercise of the tenant's rights as a result of the reforms introduced by the Reform Provision Tenth numeral 6 of Law No. 0, published in the Official Gazette Supplement 506 of May 22, 2015 and in force since On May 22, 2016, begins with a study on the historical background of the lease, as well as the conception and codification currently given by the Ecuadorian Civil Code and the Tenancy Law, establishing which are the obligations of the parties that make up said contract, and in turn, the grounds for its termination. It will conclude by carrying out an analysis on the different legal mechanisms that the parties have, both civil and constitutional, in the case of being faced with a contractual breach in this matter, seeking to identify if there are effective legal channels for the defense of their rights. To address this issue and its regulation within the national legal framework, historical and normative data are used, observing its legal development since its institutionalization in national regulations. Finally, recommendations will be given to follow within these processes, in order to provide a much clearer path in favor of the defense of the rights of the parties signing a lease
La vulneración del principio de inmediación de la prueba en segunda instancia según el COGEP en el contexto Ecuatoriano
(Universidad de Cuenca, 2025-09-24) Aray Luna, Erick Leonardy; Cabrera Prado, Juan Carlos
This research examines the noncompliance with the principle of immediacy in second-instance ordinary proceedings, in accordance with Ecuador's General Organic Code of Procedure (COGEP). It proposes that appellate judges, by evaluating evidence that was not included in their preparation or ordered to be played at the hearing, jeopardize due process and the right to defense. The research addresses the normative, doctrinal, and jurisprudential contexts of the principle of immediacy and the right to double conformity, indicating a lack of balance between the two. Furthermore, judicial proceedings that violate the principle of immediacy are detected. As solutions, actions such as the mandatory establishment of audiovisual recordings, specialized training for judges, and modification of the COGEP regulations are suggested. The methodology is qualitative, grounded in theory, and employs dogmatic and hermeneutical approaches. The study determines that the lack of clear guidelines has facilitated judicial resolutions that deviate from procedural guarantees, so a reform is needed to ensure effective judicial protection.
Las causales de excusa y recusación en el COGEP: una propuesta de reforma basada en el derecho comparado
(Universidad de Cuenca, 2025-09-05) Campoverde Guzman, Walter Oswaldo; Cabrera Prado, Juan Carlos
This research addressed the lack of significant reforms in the grounds for excuse and recusal of the Ecuadorian COGEP since 2015, which has generated significant regulatory gaps and a gap. The main objective was to propose a legislative reform based on comparative law to update and expand such grounds, strengthening judicial impartiality and confidence in the justice system. The methodology used was the comparative analysis of legislation. The historical method was used to understand the evolution of the institutions and the analytical method was used to process the information. The research design compared the Ecuadorian regulatory framework specifically with the regulations of Spain (Organic Law of the Judiciary) and Colombia (General Code of Procedure). The results revealed that the Spanish and Colombian legislations have more extensive and detailed catalogs of grounds, including criminal/disciplinary complaints, relationships in partnerships and lawsuits on the same legal issue, aspects absent or less precise in the COGEP. It was concluded that a comprehensive reform of the COGEP, inspired by these legislations, is imperative to fill the gaps and fully guarantee judicial impartiality in Ecuador.