Browsing by Author "Machado Clavijo, Marco Antonio"

Now showing 1 - 20 of 26

La acción de lesividad en el derecho público ecuatoriano
(2017) Zhañay Guapisaca, Rodil Rolando; Machado Clavijo, Marco Antonio
This research studies the legal figure called Lesividad Action. This study was developed as a response of the pronouncements expressed in the sentences of the District Courts for Administrative Litigation, the Contentious-Administrative Chamber of the National Court of Justice and the courts of first and second instance of our country. This occurs when the administrated have found themselves in need of protection in the Constitutional Justice through protection actions that in the majority of cases have been proposed for the illegitimate revocation of the administrative declarative acts of rights for the administered or third parties without any mediation administrative procedure as prescribed by our legal system in cases of Lesividad. Essays, theses, articles, dictionaries, legislation and books will be consulted within which an analysis will be made of this legal concept, as defined by the doctrine and the definition given by our legal system, the administrative procedure and the subsequent judicial procedure in the Contentious-Administrative Jurisdiction in order to achieve the annulment of the administrative act that harms the public interest.
Análisis de caso 0635-11 EP / sentencia 141-18-SEP-CC el derecho a las utilidades y la intermediación laboral en el Ecuador
(Universidad de Cuenca, 2024-06-11) Polo Naranjo, Brandon Stiven; Machado Clavijo, Marco Antonio
This research arises from the legal dispute between Cervecería Nacional CN S.A. and former employees of the company regarding the right to profit sharing corresponding to the years 1990 to 2005. This conflict captured the attention of media, political figures, economic actors, and also exposed certain irregularities in the administration of justice that were denounced by political figures to the corresponding authorities. The development of this research project focuses on three chapters. The first chapter establishes general notions about the value of work and the employment relationship from a doctrinal perspective, also addressing Ecuadorian legislation regarding the right to profit sharing and the outsourcing and labor intermediation. This leads to the next chapter, which has a descriptive focus regarding the sentence under analysis, to finally move to the third chapter where we analyze the main axes of the sentence's content, such as competence, the right to profit sharing, labor intermediation, and the sufficiency of comprehensive reparation.
Análisis del derecho a la libertad de identidad personal
(2009) Quituisaca Zhuno, Eulalia Adriana; Machado Clavijo, Marco Antonio
Aplicación de métodos alternativos de solución de conflictos y su rol en la nueva constitución
(2009) Duque Alvarez, Jenny; Machado Clavijo, Marco Antonio
El Debido proceso en los procedimientos de juzgamiento disciplinario al interior de la Plicía Nacional Ecuatoriana
(2008) Cañar Lojano, Hernán; Machado Clavijo, Marco Antonio
El debido proceso en un estado constitucional de derechos y justicia
(2009) Guaicha Rivera, Patricia Elizabeth; Machado Clavijo, Marco Antonio
El derecho a un juicio rápido en el sistema procesal penal ecuatoriano
(2008) Valdivieso Vintimilla, Simón Bolívar; Machado Clavijo, Marco Antonio
El derecho de propiedad y su función social en la actual constitucón política
(2008) Ordóñez Gárate, Antonio; Machado Clavijo, Marco Antonio
La desviación de poder como vicio del acto administrativo
(2017) Guerra Estévez, Priscila Adriana; Machado Clavijo, Marco Antonio
This monographic carries out a study about the deviation of power as vice of the administrative act. It will address the different currents and theories underpinning it; its current from in the light of the legal principles and public purposes within the framework of the constitutional state of rights and justice; its livelihood as a tool of control of the public administration; the challenges that arise aroud the judicial control of the deviation of power; and, the variation in its nature and effects with the regulations its aims to issue, wich considers it as a vice that generates nullity of plain right for affecting the element purposefully considered essential for the validity of the administrative act, in contrast of the existing laws that considered it as cause of the violability. In addition, practical cases of the deviation of power in the exercise of administrative functions will be exposed and commented on.
El acceso a la tutela judicial por parte de las personas de escasos recursos económicos
(Universidad de Cuenca, 2020-07-24) Moscoso Galindo, Christian Andrés; Machado Clavijo, Marco Antonio
The main objetive of this research is to analyze wheter the ecuatorian state has complety guaranteed access to justice and judicial protection to people with limited economic resourses, since the proclamation of the Constitution of the Republic of 2008, in order yo achive this, in this investigation it was used the qualitative method, books, specialized magazines, electronic media, were analyzed and interviews were conducted with professionals of the field, also people with limited financial resourses were interviewed for this investigation. By this method the lack of the state assistance to people with limited economic resources was corroborated. The (rigth) access to justice and judicial protection has not been completely satisfying since there are barriers that this group of vulnerable people have to face. Therefore, some possible solutions were presented, among the possible solutions the need to reform and update the current law were included.
La Garantía constitucional de la caducidad de la prisión preventiva establecida en la carta polìtica vigente y su vulneración por la reforma interpretativa a la prisión preventiva establecida en el código de procedimiento penal
(2008) Barahona Quizhpi, Luis Franklin; Machado Clavijo, Marco Antonio
La interpretación prejudicial del Tribunal de Justicia de la Comunidad Andina en materia de propiedad industrial
(2017) Orellana Vázquez, Paúl Andrés; Machado Clavijo, Marco Antonio
This investigation project has the purpose to determinate the importance of the preliminary interpretation as a legal figure related to the industrial property. Which applies to the Andean Community countries, based on the control and interference of the supranational decisions that the institution have created in favor of determinate a uniform legal system that applies in all the Andean Region. Making a complete study of the legal instruments that are part of industrial property, related to the different and more important interpretations given by the Court of Justice of the Andean Community throughout its existence, from the practical point of view, and focused in the process of integrating the community standard.
La declaración judicial de privación de la patria potestad y su protección al principio del interés superior del niño al aplicar el numeral 5 del artículo 113 del Código de la Niñez y Adolescencia
(Universidad de Cuenca, 2024-02-29) Panjón Tenecota, Carmen del Rocío; Machado Clavijo, Marco Antonio
The preparation of this degree work focuses on analyzing how the fifth cause of the legal figure of deprivation of parental authority regulated in article 113 of the Organic Code of Children and Adolescents, provides protection to the principle of the best interests of the child. and adolescent. Our study focuses on examining the scope of this cause with respect to two situations, which could put at risk the principle of best interests of the child and adolescent, such as; the misuse of the fifth cause and the misinterpretation of the cause by lawyers and judges, who understand the cause as a kind of analogy with the first cause of suspension of parental rights; issue that we will seek to resolve in order to prevent future confusion among legal professionals. The research techniques to be applied will be qualitative research, with the interview being a technical instrument whose objective will be to obtain data that will allow answers to the research questions; It will be applied to lawyers in the free exercise of the profession and to judges within the branch of family law, women, children and adolescents who know and process the actions. During the interview, the respective questions will be asked and the interviewee will answer them.
La implementación de políticas públicas que permitan el acceso de los trabajadores del sector informal a la seguridad social
(Universidad de Cuenca, 2023-02-14) Benalcázar Molina, Maritza Nathalia; Machado Clavijo, Marco Antonio
This research work analyzes employment in the informal sector in order to determine the public policies that can be implemented in our country to extend social protection to informal workers; For this, informal employment and the regulation of social security in Ecuador will be analyzed, as well as the main public policies aimed at expanding the coverage of social security adopted in Brazil, Costa Rica, Colombia and Uruguay.
La mediación como una alternativa para el divorcio consensual, en el sistema legal del Ecuador, su factibilidad y beneficios
(Universidad de Cuenca, 2024-02-29) Anguisaca Sinchi, Michelle Vanessa; Machado Clavijo, Marco Antonio
This research work is aimed at analyzing whether or not mediation as an alternative dispute resolution method in divorce proceedings by mutual consent is feasible in the Ecuadorian legal context, in addition to the proposal of a reform to the Arbitration and Mediation Law to implement a catalog of matters that may or may not be negotiable in the Ecuadorian legal system, which would expand the matters and limit others that can be reviewed by the extrajudicial method called mediation. The main objective of the research is to identify whether or not divorce by mutual consent, which is one of the types of divorce recognized in Ecuador, can be processed in mediation. By way of conclusion, it is identified whether or not it is feasible that the procedure of divorce by mutual consent through mediation is a suitable and applicable way to terminate the marriage bond.
La nulidad del acto de reconocimiento voluntario de paternidad o maternidad en el Ecuador
(Universidad de Cuenca, 2022-10-17) Pulla Aguirre, Christopher Paúl; Machado Clavijo, Marco Antonio
The present research work focuses on analyzing the challenge of the voluntary recognition of paternity or maternity due to vices of consent, in which a large majority of respondents seek to have active legitimacy in the process and through a biological DNA examination to allege a solid proof of biological incompatibility to achieve a ruling in their favor. But all of this confusing thisfigure with the challenge of parenthood, which is a process totally different giving rise to confusion among professionals of the Law, as the DNA test has no validity whatsoever in this process more than that to be a voluntary act is irrevocable, except in the case in which this has not been concluded with all the essential requisites for their validity, as to the omission of these requirements arise vices of the legal act which are prone to occur, the nullity of the act, which must be highly analyzed by the judges in order to avoid violations of the rights arising from the filial relationship voluntarily created between the recognizer and recognized.
Los límites de la garantía constitucional de la libertad de expresión y su relación con los medios de comunicación
(2009) Jara Espinoza, Gustavo; Machado Clavijo, Marco Antonio
Los Códigos de Convivencia en las Instituciones Educativas y su relación con los derechos de libertad de expresión, libre desarrollo de la personalidad y culto de niños, niñas y adolescentes
(Universidad de Cuenca, 2024-03-06) Tola Ayora, José Adrián; Machado Clavijo, Marco Antonio
At present, educational coexistence codes do not fulfill the purpose of their creation, since they are violating fundamental rights such as freedom of expression, development of personality and worship in children and adolescents, being necessary to remedy thisdrawback in order to provide this population with a quality life according to theirinterestsand needsof their age. Therefore, the general objective of this research will be to analyzethe coexistence codes in educational institutions and their relationship with the rights offreedom of expression, free development of personality and worship of children and adolescents, for which purpose the following specific objectives will be developed: To examine in a legal and doctrinal way the development of the code of educational coexistence and the rights to freedom of expression, development of personality and worship of children and adolescents, to diagnose the current situation on the applicationof the code of educational coexistence in children and adolescents, to contribute in a legal way to the improvement of the code of educational coexistence in observance of the rights inherent to children and adolescents of the national educational system. The research methodology is qualitative, through an explanatory, exploratory and descriptivetype of research, which allowed the development of a documentary research to validateit.
Los derechos de propiedad intelectual de los autores de las tesis universitarias de investigación jurídica
(Universidad de Cuenca, 2024-04-16) Medina Encalada, Christian Bernardo; Machado Clavijo, Marco Antonio
The present research addresses the problem regarding the copyright that students have over their undergraduate academic research, compared to the transfer of copyright that the university requires as a requirement to obtain the law degree, for their benefit. For these purposes, the research was structured in three chapters, the first consisting of a conceptual theoretical framework; the second of a legal framework; the third of the discussion and analysis; finally presenting the conclusions and recommendations. As a general conclusion, it is established that although it is true the law guarantees intellectual property rights over their undergraduate research works to students; On the other hand, it is determined that in practice there could be a detriment to these caused by the free license that the university has on this research. Subsequently, from the research carried out, four recommendations are extracted that in their general sense suggest to the Ecuadorian legislator changes that balance both the intellectual property rights of the student, as well as the social purpose that the Ecuadorian university has in making academic works available to society that are stored in their repositories.
Patria potestad de niños, niñas y adolescentes según el artículo 106.4 del CONA: preferencia a la madre y omisión al principio de interés superior del niño
(Universidad de Cuenca, 2024-04-03) Suquilanda Tenezaca, Mateo Xavier; Machado Clavijo, Marco Antonio
The document discusses the importance of protecting the best interest of the child in contexts of parental separation, proposing that the State and its entities implement effective strategies to ensure their rights. It emphasizes alternatives to litigation, such as mediation and conciliation, and proposes an approach based on human rights and social development. The need for continuous monitoring of judicial decisions to ensure the prioritization of children's welfare is examined, recommending exceptional care protocols in situations of risk. The analysis includes a study of relevant jurisprudence, highlighting the challenges and opportunities to strengthen legal security in the protection of minors' rights. An interview was also conducted with three judges of the specialized unit for family, women, children, and adolescents of Cuenca to highlight realities and challenges regarding the reality of the trials they oversee. It advocates for inter-institutional collaboration and the support of trained professionals to provide psychological and social support to affected families. Custody of children post-separation is identified as a critical issue, requiring an impartial approach and in-depth analysis to ensure the comprehensive well-being of minors.