Browsing by Author "López Hidalgo, Pablo Sebastián"

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La acción de amparo constitucional y sus deficiencias en la legislación ecuatoriana
(2007) López Hidalgo, Pablo Sebastián; Medina Zea, Ximena
La función simbólica del derecho, reflejada en la criminalización de las mujeres por aborto: análisis de contexto en la ciudad de Cuenca en el periodo 2018
(2019-03-29) Espinoza Gárate, Brenda Karina; López Hidalgo, Pablo Sebastián
It is extremely necessary to be aware of how the State practices its punitive power, through the symbolic function of Law. Whenever this is omitted in the discourse of criminalization, the omission becomes suspicious. This theme relates the present investigation identifying the confrontation of forces of various social actors and their relationship with the symbolic function of Law. Criminal and criminological discourses have been a matter of dispute between the entities of power. This is identified as a debate about power itself in which the main scenario is "the woman's body". The Law is inaugurated under the legitimation of previously power mention, and it is maintained systemically in the privileged relation of the State's interests. This is explained in the first part of the research, which surveys the sociological field of Law, introducing the study of the symbolic function as a performative element. We will observe in the second part of this investigation, the transmission, and review of certain images, symbols, ideas, feelings and representations in the recipients. Also addressing the complicated processes of standardization of values and images of law with the criminalization's interest of abortion, identifying the full-scale violation of women's rights, without mentioning the difficulties that exist in their interpretation, because at the end, this is how criminalization is constructed. Our legal system has traditionally defined women through the policy across a hierarchical system in which gender's stereotypes are a consequence and acquire meaning. This meaning is assigned by the context in that they are found, being possible their identification, through the analysis of social discourses.
La flexiseguridad laboral y el Derecho al Trabajo en el empleo juvenil aplicado a la realidad ecuatoriana
(Universidad de Cuenca, 2020-03-05) Medina Altamirano, Sebastián Diego; López Hidalgo, Pablo Sebastián
The present degree work tries to determinate if whether the work flexicurity strategy is likely to be applied in the Ecuadorian legal system in order to promote and encourage youth work without this means unprotecting or undermine the labor rights of workers considered young. In Ecuador's legal system, labor legislation has not been sufficient or efficient in seeking to solve the problem of access to employment for youth workers. In short, there is no legal or public policy that has placed particular emphasis on the training of youth workers in order to equate the inequality against other workers due to the lack of experience or training. In identifying the problems and expectations of young people, the development of this work analyses the elements and components of flexicurity in order to identify those that are likely to apply to the legal system Ecuador, without this means precarizing the employment situation of youth workers. In this context, strategies are recommended to strike the right balance between labor flexibility and the corresponding safety at work to incentivize and equate the situation of young people in Ecuador's labor market. For this reason, are applicable to the Ecuadorian legal system policies that ensure tripartite dialogue between the social partners, ongoing training and the generation of flexisecure legislation enabling the adaptability to relevant changes.