Browsing by Author "Moreno Yanes, Grace Elizabeth"

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    La aplicación jurídica en el cantón Cuenca, sobre la Institución de los Bienes Mostrencos
    (2015) Moreno Yanes, Grace Elizabeth; Sacasari Aucapiña, Edgar Geovanni
    The present work, has the aim to determine which is the competent organ to grant the securitization and the consequent domain of the vacant property in Cuenca City, inasmuch as in nowadays a general confusion exists about if this competence lies in a judicial organ, (Civil Judge) or in an administrative organ (Municipality of Cuenca). Therefore, the first chapter tries to identify basic concepts and notions, besides of the analysis of Institutions of PublicLaw, as well as Private Law, that will serve us to the theoretical fundamentation of this investigacion, as well as to outline our final conclusion. The second chapter, has the objective to analyze the ecuadorian legal system about our subject of study, is to say vacant property and the legal regulation in the different regulatory bodies. Finally, the third chapter consists in an analysis of practical cases as judicial sentences and anadministrative act, that will support us in order to strengthen our final thesis.
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    El principio de oportunidad en el COIP y su relación con la pena natural en delitos culposos y dolosos
    (2019-01) Moreno Yanes, Grace Elizabeth; Valdivieso Vintimilla, Simón Bolívar
    The purpose of this subject is to study the current configuration of the principle of opportunity in the "Código Orgánico Integral Penal”, in specific relation to numeral 2 of Art 412 of mentioned normative body. Rule that limitedly empowers the prosecutor to use the figure of the natural punishment in wrongful crimes dispensing with its application in intentional crimes. We will begin this analysis, reviewing what is penalty, the origin of the penalty in the western world, what are the theories that historically have tried to legitimize its application, among other issues. With the finality of elucidate how the institution of the natural punishment intends to limit the Ius Puniendi's exercise, attending the principles of humanization and the prohibition of cruel punishments. Afterwards, we will observe how the principle of opportunity is reflected in the Ecuadorian legislation, setting our study in its application in cases of natural punishment, to verify if there has been an advance or regression around the cases of its application in the “Código Orgánico Integral Penal” Finally, we will interview the prosecutors and judges with the purpose to know their reasonings in respect to our line of investigation, and to this way strengthen the arguments of our hypothesis.