Browsing by Author "Piedra Jaramillo, Santiago Patricio"

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Análisis de la figura de la maternidad subrogada, su posible inserción en el ordenamiento jurídico ecuatoriano, sus efectos y consecuencias en relación al principio del Interés superior del niño
(Universidad de Cuenca, 2023-05-03) Latacela Lligui, Bolívar Paúl; Piedra Jaramillo, Santiago Patricio
Surrogacy or surrogate motherhood refer fundamentally to one of the assisted reproduction techniques used to treat fertility problems between couples; this topic is quite modern and above all it is quite controversial; This occurs, since not all countries allow it and the regulations that exist are scarce and do not manage to regulate the issue in a comprehensive manner. In our country, the use and access of the different practices and procedures of assisted reproduction is recognized, however there are no regulations that are in force and that can be applied, which generates the violation of the rights of all those involved in this process and the minor. That is why in the development of this research work the issue of surrogate motherhood will be addressed and a regulatory proposal will be made to regulate the issue effectively and avoid the violation of rights.
Los beneficios penitenciarios: el régimen semiabierto, aplicable a los privados de libertad en el Centro Social Regional Sierra Centro Sur-Turi
(2019-06-04) Cáceres Peralta, Raquel Matilde; Piedra Jaramillo, Santiago Patricio
This investigation is based in the analysis of the penitentiary benefits. The Semi Open Scheme applicable to the Deprived of Liberty in the Center of Social Rehabilitation of The Sierra Center – Turi. with the objective of identifying the obstacles that arise in the process of obtaining this penitentiary benefit that is established in the Comprehensive Criminal Organic Code and the Regulation of the National Social Rehabilitation System that by means of a qualitative analysis based on testimonies and interviews of officials and private persons of the freedom, real analytical data. Determining that those sentenced do not benefit in a timely manner from the semi-open regime.
Derecho a decidir con respecto a la autonomía de la voluntad anticipada en personas con enfermedades catastróficas y su posible inserción en la Constitución del Ecuador
(Universidad de Cuenca, 2022-02-15) Segarra Jiménez, José Luís; Piedra Jaramillo, Santiago Patricio
In this work, a legal analysis will be carried out on the right to decide and the autonomy of the will in patients suffering from catastrophic or terminal illnesses, this analysis will be carried out through the study of Ecuadorian legislation, as well as the doctrine to determine what would be the way in which doctors should act within our country as well as the respective existing regulation and the possible insertion of the legal figure of euthanasia in ourcountry.
La eficacia de la finalidad rehabilitadora en los sentenciados con penas privativas de libertad acumulativas hasta cuarenta años
(2019-10-02) Barahona Quizhpi, Luis Franklin; Piedra Jaramillo, Santiago Patricio
The purpose of the social rehabilitation established in the Constitution of the Republic in the article 201, it seeks to reintegrate a person deprived of freedom in society, but to know if it is fulfilled, in relation to the accumulation of penalties, a comparative analysis is performed between the established in the article 55 of the Organic Integral Criminal Code in this Code there is a maximum limit of 40 years it is more severe, in contrast of the established in the article 81 of the Criminal Code there is a limit of 35 years, in this Code there are rules for the accumulation of penalties such as: absorption and legal accumulation; is necessary to say that rule is applied based on the Third Transitory Provision of the Organic Integral Criminal Code. These different legal situations they make us think about the way that differs or influences in this different normative regulation about the accumulation of penalties in the sentenced people to reintegrate them in the society and if these are in accordance with the constitutional mandate.
El deber objetivo del cuidado en los homicidios culposos por mala práctica profesional médica análisis del caso Dr. Juan Pablo Arias
(Universidad de Cuenca, 2024-02-27) Sánchez Toledo, Kevin Donis; Piedra Jaramillo, Santiago Patricio
The objective of this legal case study is to determine whether the circumstances established in article 146 of the Código Orgánico Integral Penal exist so that criminal responsibility for the crime of homicide due to professional negligence can be attributed to the defendant. In this sense, an analysis of the constant statement within file No. 01283-2019-14403G is carried out in order to determine whether the actions carried out by the processed subject violate the objective duty of care. This investigation begins by analyzing each of the elements of the crime, then the objective duty of care is defined, and it is deduced what the circumstances are for its non-compliance. In addition, an analysis of the criminal type of culpable homicide due to professional malpractice is carried out, where it is deduced that the constitutive elements to determine the existence of criminal responsibility on the part of the defendant are guilt, failure to observe the objective duty of care and the result of death. As for fault, it consists of an infraction carried out without intention and without due diligence that in turn causes a harmful result in the taxpayer. Medical fault exists when the health professional has not observed the objective duty of care, in this sense, the health professional must act recklessly, negligently with inexperience and there must be a violation of laws and regulations. Regarding the harmful result, there must be a causal link between the actions carried out by the health professional with the death of the patient.
El derecho a una muerte digna, frente al ordenamiento jurídico ecuatoriano
(Universidad de Cuenca, 2025-02-11) Pillacela Lituma, Mercedes Prissila; Piedra Jaramillo, Santiago Patricio
During late 2023, a case that shocked Ecuadorian society came, it was the petition of depenalization of euthanasia made by Paola Roldán who suffers of a terminal illness (ELA), and a 95% of physical disability, that causes her and her loved ones a great suffer. Because of this, by making use of her autonomy of will and correctly proving to be in plain use and exercise of her intellectual capacities, she manifests that her will is to put an end to her existence under the medical figure of euthanasia or assisted death, but, in our country there is a limiting that prevents the use of this juridic figure.The Ecuadorian Constitutional Court, has made a thorough analysis in relation to the unconstitutionality conditioned by the article 144 (COIP, 2022) that addresses the simple homicide and stablishes a penalty between ten and thirteen years. This analysis is made in virtue to Paola Roldan’s petition, for this she is based on her precarious life conditions that violate her human dignity.After a thorough examination of this situation, the Constitutional Court has taken the decision of declare the constitutionality conditioned to the article 144 of the COIP. This means that assisted death is decriminalized under the condition it is made with the unequivocal, informed and free consent of the petitioner or his/her representant when it cannot be expressed by her/himself. It stablishes that euthanasia can only be requested when the person presents a critical ailment.
El stealthing una nueva forma de violencia sexual en el Ecuador
(Universidad de Cuenca, 2023-09-14) López Gómez, Pablo Steven; Piedra Jaramillo, Santiago Patricio
This research work had the general objective of analyzing Stealthing as a new crime of a sexual nature and demonstrating the need to affirm this crime within the Ecuadorian legal system for an effective monitoring of constitutional rights. The research was carried out from a qualitative perspective, to analyze, describe and interpret Stealthing in accordance with the legislation with Ecuadorian legislation; using a deductive method together with the analysis-synthesis method because it is first analyzed separately all the qualities that surround sexual crimes in Ecuadorian legislation to further study the Stealthing positive in the different legislations around the world, to implement Stealthing within the Ecuadorian legal system. A comprehensive review of the relevant Ecuadorian regulations was carried out, as well as that of the foreign one, and the dogmatic method was used, Because a doctrinal review will be made in conjunction with the various laws present, as well as the comparative law method, when examining foreign criminal laws. The result of this study may reveal that the crime of Stealthing is not considered within the Organic Integral Criminal Code as an offence within the category of sexual offences, it is for this reason that, in our legislation, the protection of sexual rights cannot be considered integral or complete, in addition, this can be considered as a criminal type of necessary sanction within society. In addition, the possibility of integrating it into Ecuadorian criminal legislation.
Estudio y análisis del reglamento expedido por el Ministerio de Salud sobre la aplicación de la eutanasia en el Ecuador
(Universidad de Cuenca, 2025-09-03) Sarmiento Illescas, Wilson Santiago; Piedra Jaramillo, Santiago Patricio
With the approval of euthanasia in Ecuador by the Constitutional Court, with its constitutional ruling 67-23-IN/24, it was ordered that the Ministry of Public Health draft a regulation that regulates the procedures for the application of voluntary and involuntary active euthanasia, establishing mechanisms to regulate the basic aspects for carrying out euthanasia procedures such as the way in which consent will be given by either the patient or the legal representative, the way of choosing the doctor who will perform the euthanasia procedure, the way of verifying that the patient is suffering intensely due to a serious and irreversible bodily injury or a serious and incurable disease and respect for conscientious objection, so that when the respective regulation is issued it is necessary to carry out a study in order to analyze whether the regulation issued by the Ministry of Public Health complied with what was ordered by the Constitutional Court in terms of generating a regulated framework for these purposes and if these mechanisms implemented in the regulation really help to develop in an effective way the euthanasia procedures, without affecting patients' rights to a dignified life, a dignified death, and the free development of their personality; and respect for the rights of healthcare personnel involved in euthanasia procedures, and consequently, determining what limitations and problems the regulations present.
La efectividad de la reparación integral a la víctima en las contravenciones de violencia contra la mujer o miembros del núcleo familiar
(Universidad de Cuenca, 2023-08-02) Asitimbay Jérez, Grace Paola; Piedra Jaramillo, Santiago Patricio
The present graduation project is focused on analysing the effectiveness of comprehensive reparation for victims of violence against women or family members typified in Ecuadorian criminal legislation with the entry into force of the Código Orgánico Integral Penal de 2019 published in the Official Register 180 on 10 February 2014. Due to the fact that in recent years, despite the regulatory development, there has been an increase in the rates of violence against women or gender violence. Chapter I defines violence against women or members of the nuclear family, identifying its classification into crimes and offences. Chapter II analyses the mechanisms of integral reparation applicable to criminal offences and specifically to cases of contraventions of violence against women or family members under study. Finally, Chapter III analyses the effectiveness of comprehensive reparation through the analysis of surveys carried with victims of the offence defined in Art. 159 of the Código Orgánico Integral Penal. This leads to the conclusion that despite the fact that more legislation has been passed at national and international level to eliminate and eradicate domestic violence and to provide comprehensive reparation for the harm committed, for various reasons it has not been possible for the victim to return to her previous state and to be able to continue with her life project.
La eutanasia: un acercamiento jurídico, a la luz de la bioética
(Universidad de Cuenca, 2023-09-20) Dávalos González, Adriana Paola; Piedra Jaramillo, Santiago Patricio
The degree thesis Euthanasia: a legal approach in the light of bioethics, presents an argument in the legal field and in the world of sciences of life and health, as basis of decisions for the achievement of the practice of this legal institution. The work begins with an approach to the concepts and characteristics of euthanasia and bioethics. In this context, it tries to identify euthanasia and bioethics. Then, it makes a brief tour of references in our legislation. It transcribes and interprets some interviews with legal professionals and medical experts. With all the above, the insertion of euthanasia as a legal institution is proposed. The work closes with reflections, in the way of conclusions and recommendations, about the current reality of euthanasia in the Ecuadorian legislation.
La falta de regulación jurídica del arraigo en Ecuador y la aplicación arbitraria de prisión preventiva sobre personas en situación de informalidad
(Universidad de Cuenca, 2023-05-25) Fajardo Quizhpi, Paulo Darío; Piedra Jaramillo, Santiago Patricio
The power of state intervention must have limits to protect the innocent against excessive restrictions on their freedom. Within the catalog of precautionary measures, pre-trial detention is configured as the most harmful, as it deprives the accused of liberty without an enforceable conviction. Penal populism has caused pre-trial detention to be applied excessively discretional, even invoking non-existent figures in the COIP such as "arraigo". Within legal practice, there is a custom of justifying pre-trial detention resolutions by alleging that the defense does not justify "arraigo", which incurs two errors: 1. "Arraigo" does not exist as a legal concept in the COIP, and 2. It is up to the prosecutor's office, not the defense, to justify that non-custodial precautionary measures are insufficient. The people who are most affected are those who live in informal situations, as when they are involved in a criminal process, it is almost inevitable that pre-trial detention will be applied to them, as the justice system presumes that their possibility of escaping is higher and they also lack proper documentation to prove their situation in the country.
La vulneración del derecho a la identidad, ocasionada por los vacíos legales existentes, sobre el menor concebido bajo reproducción heteróloga
(Universidad de Cuenca, 2023-01-30) Encalada Llivisaca, Daysi Maribel; Piedra Jaramillo, Santiago Patricio
At the present moment, the development of science and technology is increasing rapidly. The issue of conception no longer occurs only in the traditional way, but after several studies and Inquiries, several forms of conception have been developed that occur through the use of various technologies and methods, such as in vitro fertilization or the donation of genetic material. In this investigative work, a study will be carried out on what these technological innovations are regarding conception in our modern world, and the heterologous conception carried out through an anonymous donor. The issues that this generates in our world will also be analyzed in a concrete way. Specifically, for minors who are born under these techniques, but also a legal analysis of how the right to identity of minors who have been conceived, and who have been born from these procedures is violated.
Protocolo referencial para la valoración de la prueba, en casos de abuso sexual, a niños con discapacidad cognitiva
(Universidad de Cuenca, 2024-03-08) Azuero Parra, Mateo David; Piedra Jaramillo, Santiago Patricio
The category of intellectual disabilities (ID) presents a wide range of manifestations within the social, communicative, and cognitive functions of an individual, making it a primordial factor in the assessment of evidence amongst cases of sexual abuse where the testimony of the victim is essential due to the specific characteristics of this criminal offense. This research aims to address three main questions: Is there a specific assessment protocol used in cases of child sexual abuse in Ecuador? Is this protocol effective in cases where the victim's testimony is the only main evidence? Does this protocol have alternative elements for the proper assessment of evidence when the victim exhibits communicational difficulties or limitations while providing testimony? In order to clarify the landscape regarding the involvement of children and adolescents with cognitive disabilities who are victims of sexual violence in the criminal procedure, allowing for a precise identification of pre-trial and trial actions that may lead to secondary victimization, giving possible solutions to prevent them in the process.