Browsing by Author "Solano Paucay, Vicente Manuel"

Now showing 1 - 20 of 39

Adecuación del cannabis medicinal y sus subproductos en el sistema jurídico ecuatoriano
(Universidad de Cuenca, 2021-11-12) Machado Maldonado, Juan Santiago; Solano Paucay, Vicente Manuel
On December 24, 2019 the National Assembly in its plenary meeting approved the Reform Law to the Comprehensive Organic Penal Code, which among its articles decriminalizes marijuana hemp that contains less than 1% of a psychoactive component (THC), which later led to the creation by the Ministry of Agriculture to the creation of the Regulation for the Importation, Sowing, Cultivation, Harvest, Post-Harvest, Storage, Transportation, Processing, Marketing and Export of Non-Psychoactive Cannabis or Hemp and Hemp for Industrial Use. Legal events that inspire this Research that addresses the issue of the adaptation of Medicinal Cannabis in the Ecuadorian legal system; As it is a legal novelty in our country, the need has been revealed to couple various legal institutions in force to the use and implementation of medicinal hemp as well as to create new institutions or policies that make the proper implementation of hemp viable in all its cultivation phases, harvest, production and commercialization of the different products that the plant can offer. In addition, the objective of this degree work is to study the regulations that are in force around the world. Locate the diseases that can be treated with these types of drugs, emphasizing the palliative treatments that are offered and the right to enjoy health and therefore a dignified life and death for the individuals who need it.
Alternancia y reelección presidencial: rol de las Cortes Constitucionales
(2021) Solano Paucay, Vicente Manuel
The objective of the research is to analyze the alternation and re-election of the presidency in Latin America. The method used was the analytical-synthetic one, which allowed in the course of the study to analyze the relevant characteristics in relation to the participation right, as well as the principle of alternation with its consequences in re-election. It concludes by noting that the Constitutional Courts today have a primary role in the defense of democracy, especially by guaranteeing the principle of alternation. However, in some Courts this limitation was not established.
Análisis de Ley Orgánica de apoyo humanitario para combatir la crisis sanitaria derivada del COVID-19 progresión o regresión de derechos
(Universidad de Cuenca, 2021-10-04) Sarmiento Altamirano, Pedro Felipe; Solano Paucay, Vicente Manuel
The objective of the investigation was to determine how article 20 of the Humanitarian Support Law (2020) violates the legitimate rights of workers in Ecuador, annulling the constitutional principle of progressivity in labor matters, for this, a thorough review of the provisions was carried out. constitutional laws embodied in the Magna Carta of Ecuador; but also, the international standards of Human Rights and the International Labor Organization were reviewed to contrast the provisions and understand the scenario on which it was legislated. The research design will be of a quali-quantitative nature; it will be based on the grounded theory. The analysis will be argued through an empirical narrative exposition, with an explanatory text, whose purpose is imminently descriptive, informative and academic. For the theoretical foundation, the exegetical method will be used, for the interpretation and study of legal texts to understand what was the spirit of the law proposed by the legislator. It could be demonstrated that in the creation of the Humanitarian Law it did not consider the constitutional precepts or the supranational norms, which violates the mechanisms for creating a law and workers' rights. Finally, an analysis of the term progressivity and what non-regressivity represents was carried out, considering the doctrinal and legal implications that this means, since it was evidenced that in the Constitution and international treaties there is an exhaustive prohibition of undermining labor rights
Análisis del conocimiento de los y las docentes sobre el curriculum oculto en la Unidad Educativa Agustín Cuesta Vintimilla durante el año lectivo 2021 - 2022
(Universidad de Cuenca, 2022-06-21) Herrera Baculima, Pedro Francisco; Solano Paucay, Vicente Manuel
This research was conducted at the Agustín Cuesta Vintimilla Educational Unit located in Narancay bajo, via Nero, half a block from the Panamerican Highway south in the parish of Baños in the canton of Cuenca in the province of Azuay, in order to know the level of knowledge about the hidden curriculum that the teachers of the middle school of the institution have, For this purpose, a methodology with a qualitative approach based on semi-structured interviews was carried out and a focus group was also applied, which made it possible to collect data to extract deeper knowledge of the subject and for all the above mentioned, a total of 7 teachers were involved, belonging to the sub-level of the middle elementary school. In the same way, it can be said that the level of knowledge that the middle school teachers of the institution have about the hidden curriculum and about gender issues is too low because many teachers do not know about the concept of gender and how to apply it to the teaching-learning processes that take place in their classes. In relation to the individual differences of the students, teachers try to attend to the realities, needs and interests of the students, although they recognize that it is quite difficult due to the administrative overload that they also have to carry out as teachers. Finally, with respect to the application of the gender approach in the teaching-learning processes, teachers understand that it is vitally important to carry out training, since this way they can become aware of the problem of the hidden curriculum in order to handle it with due care and thus improve their training as teachers and improve society in general.
Análisis del habeas corpus con respecto a la privación de la libertad por particulares, en sentencias y jurisprudencia emitida por la Corte Constitucional
(Universidad de Cuenca, 2022-03-31) Bustamante Álvarez, Kelly Elizabeth; Solano Paucay, Vicente Manuel
This work is the result of a qualitative research focused on determining the effectiveness of the normative criteria used by the Constitutional Court of Ecuador in the issuance of judgments in cases of Habeas Corpus for deprivation of liberty by private individuals. It is structured in three sections. The first phase of this study analyzes the normative content of Habeas Corpus in Ecuadorian legislation as a right, action and guarantee, as well as the structure, competence and functioning of the Constitutional Court as an autonomous body whose main functions include the control, interpretation and administration of constitutional justice, for the effective protection of rights and guarantees established in the constitution. Finally, a theoretical study of the efficiency, efficacy and effectiveness of the legal norm of Habeas Corpus in Ecuador is made within the sentence No. 166-JH/20 issued by the Constitutional Court which develops rights and binding jurisprudence.
Análisis jurídico comparativo de los procesos de participación ciudadana en lo referente a los derechos de la naturaleza y la minería en la provincia del Azuay
(Universidad de Cuenca, 2022-06-16) Cordero Pozo, Tomás Agustín; Solano Paucay, Vicente Manuel
In this research, a comparative legal analysis of two direct democracy processes, which were carried in the province of Azuay, was executed. These processes referred to the protection of Nature’s rights, and the prohibition of mining activities in fresh water sources. Also, with the analysis of both the historical and actual setting of Nature’s rights, and its evolution, combined with the framework set up for participation rights, we manage to put Nature as a subject of constitutional rights and guarantees. Through the contextualization of the political, social, and legal reality regarding the rights of participation and environmental law, the insertion of the biocentric concept in the legal system of Ecuador is demonstrated, and how participatory democracy is used for its protection. The popular environmental consultations of Girón in 2019 and Cuenca in 2021, had the purpose of declaring certain fresh water recharge zones, as free of mining and the right to a healthy environment. In addition, the consultations served so that in Ecuador, the mechanisms of popular participation are considered as serious and effective when it comes to demanding from the state the fulfillment or recognition of certain rights. The results in favor of a healthy environment, where water sources are free of mining, and the rights of nature are respected, were tenacious. The popular will expressed its rejection of this activity, which requires the state to expedite regulations and comply with this expression of democracy.
Balance de los derechos de participación en Ecuador
(Diké, Universidad Santiago de Cali, 2020) Solano Paucay, Vicente Manuel
Concesiones mineras y su otorgamiento frente a los derechos colectivos: aplicabilidad de la sentencia 273-19-JP/22 a comunidades amazónicas del sur
(Universidad de Cuenca, 2023-03-07) Sarmiento Torres, Paulina Yamile; Solano Paucay, Vicente Manuel
The protection and guarantee of collective rights in ancestral communities is linked to mining concessions, which is why this work will identify the main actions or omissions incurred by the Ecuadorian State in its role as maximum guarantor of the rights of collectives. As a result of possible violations of third generation rights, the social and cultural conditions of the Shuar Arutam people will be described, in whose communities extractive activities are carried out without suitable participation mechanisms being implemented in Ecuador for the different phases of a prior consultation, free and informed, figure enshrined in the Constitution of the Republic and international human rights instruments. In this sense, it is intended to carry out a current diagnosis of the guarantees that the State must attend to and apply to the holders of these rights, when their interests are affected by mining plans and projects. Within this framework of compliance with constitutional precepts, an analysis will be carried out regarding infra-constitutional norms that have been implemented to regulate the processes of granting concessions, which must be consistent and in harmony with the supreme norm and that state interests are subordinated to the rights of the subjects.
Constitucionalidad de los estados de excepción dictados durante la pandemia de COVID-19 en el Ecuador
(Universidad de Cuenca, 2022-10-17) Enríquez Enríquez, María Eugenia; Solano Paucay, Vicente Manuel
In 2020, due to the declaration of the COVID-19 pandemic by the World Health Organization, the President of the Republic of Ecuador, making use of his constitutional powers, decreed several States of Exception in the country, limiting the exercise of certain rights of freedom in order to guarantee the right to health, integrity and life of citizens. At the beginning of the pandemic, the declaration of a State of Exception was necessary to mitigate the spread of the virus. However, with the passage of time, the State of Exception ceased to be justified, given that during the validity of this extraordinary instrument the President must create ordinary measures to control and overcome the emergency that has arisen, and not use the State of Exception as a permanent measure to overcome a crisis. Therefore, in order to avoid both the abuse and the permanence of the States of Exception, the Constitutional Court, by means of a legal ruling, carries out the constitutional control of the States of Exception, and guarantees the full validity of the rights recognized in the Constitution of the Republic and International Human Rights Treaties
Controversias interpretativas sobre la regulación en la Constitución ecuatoriana de la interpretación constitucional
(Universidad Católica de Cuenca, 2018) Solano Paucay, Vicente Manuel
Delimitación de la jurisdicción de la justicia indígena a la luz de la jurisprudencia constitucional
(Universidad de Cuenca, 2021-09-09) Romero Pérez, Verónica Tatiana; Solano Paucay, Vicente Manuel
In Ecuador there is a constitutional recognition of indigenous justice, in this way there is the existence of two legal systems in the territory, which is called legal pluralism. This research will analyze how in the country there is agreement between Indigenous Justice and Ordinary Justice, trying to harmonize and coexist in the legal reality of Ecuador. Conducting a deep analysis taking transcendental judgments of the constitutional court, about decision-making in accordance with the Peoples' own right, Indigenous Communities and Nationalities within the framework of the plurinational and intercultural state. For which, a chronological analysis of the reality in Ecuador on indigenous justice will be developed, based on the judgments: the “La Cocha” case (2014), a case on a double trial by Ordinary Justice and Indigenous Justice (2017) and that of an extraordinary protection action presented by the Kichwa Unión Venecia community “Cokiuve” (2020).
Democracia participativa y meritocracia ¿entre la división de poderes y la participación ciudadana?
(Universidad de Cuenca, Universidad Andina Simón Bolívar, 2018) Solano Paucay, Vicente Manuel
We are sure that this work will be built in an essential contribution to the always complex debate about how to create the best constitutional formula for the functional structure of the Republic, especially for a transparent and relevant appointment of the highest authorities; a model that, assuring participation and merits, is less exposed to certain practices of the Ecuadorian political culture that may detract from it.
Efectividad de las sentencias de la Corte Interamericana de Derechos Humanos. Análisis de los casos contenciosos relacionados con el Estado ecuatoriano durante el periodo 2015-2019
(Universidad de Cuenca, 2020-09-25) Castro Torres, Anabel Cristina; Solano Paucay, Vicente Manuel
This research work is focused on a qualitative analysis of the effectiveness of the judgments of the Inter-American Court of Human Rights, based on contentious cases related to the Ecuadorian State during the period 2015-2019. In a first stage, the Inter-American Human Rights System is approached with a specific study of the Inter-American Court of Human Rights regarding its structure, operation, and competencies. In a second stage, a theoretical study of the efficacy, efficiency and effectiveness of the legal norm is carried out; as well as the analysis of the effectiveness of the judgments issued by the Inter-American Court of Human Rights through the use of different variables or empirical parameters such as: preliminary objections, the merits, comprehensive reparation measures and the supervision of compliance with the judgment. The judgments analyzed in this project are: Gonzáles Lluy and others vs. Ecuador (2015); García Ibarra and others vs. Ecuador (2015); Flor Freire vs. Ecuador (2016); Herrera Espinoza and others vs. Ecuador (2016); Valencia Hinojosa and other vs. Ecuador (2016); and Vásquez Durand and others vs. Ecuador (2017).
Ejercicio de derecho al voto de personas extranjeras con residencia legal y mayor a cinco años en la ciudad de Cuenca de los tres últimos procesos electorales de los años 2017, 2018 y 2019
(Universidad de Cuenca, 2022-03-23) Morocho Tenecora, Jenny Maricela; Solano Paucay, Vicente Manuel
In Ecuador, since the enactment of the 2008 Constitution, foreign people enjoy political rights, which have been called participation rights; among the participation rights benefits foreigners have is the right to vote. This research aims to determine the legal status of foreign people who have been living in Ecuador for more than five years so that they can wield the right to vote. The regulation of this – the right to vote – for them (foreigners) is necessary for since their rights and interests are at stake. That is why there must be an integration of them in the decision-making of the country in which they live. This is because not only native or local people have interest in state affairs but also foreign ones. In order to exercise the right to vote, people from other countries than Ecuador must comply with the requirements regulated in the Constitution of the Republic of Ecuador, Regulations for the Organization, Preparation and Dissemination of the Electoral Registry and its Claim at the Administrative Headquarters and the Organic Law of Human Mobility.
El carácter vinculante de la consulta previa, libre e informada en Ecuador (Caso pueblo Waorani).
(Universidad de Cuenca, 2020-10-29) Moncayo Bernal, Patricio Sebastián; Solano Paucay, Vicente Manuel
The Prior consult, free and informed consultation as it is a fundamental right, for the indigenous, Afro-Ecuadorian and Montubia peoples, nationalities and communities, which is recognized both in the Constitution of Ecuador and in international conventions, treaties and jurisprudence, which has generated a discussion around its scope and the effect of it. In this sense, for its study at first, it starts from the analysis of the hegemonic or traditional democratic structures, such as representative democracy, continuing with the study of participatory democracy, the constitutional progress in Ecuador on issues of participation rights and collective rights, to focus in this way, the double dimension of prior consultation, as a participation mechanism and as a fundamental collective right of communities, peoples and nationalities. As the prior consult, free and informed consultation is a fundamental collective right for the survival of indigenous, Afro-Ecuadorian and Montubian communities, people and nationalities, are being recognized by the Constitution of Ecuador, as well as in international agreements and treaties, and are developed by the jurisprudence of the Inter-American Court, in this framework, in order to comply with its fundamental objective, which is to reach agreements, for which is to obtain the consent of the communities, people and nationalities and compliance with the appropriate standards, it is necessary to carry out a study of the constitutionality block and control of conventionality, in order to guarantee, respect and comprehensively protect human rights, both collective and personal
El concepto de matrimonio y la opinión consultiva 24/17. Una crítica
(2019) Solano Paucay, Vicente Manuel
The article explores the criticisms that have been made about the concept of marriage contained in Advisory Opinion 24/17. From a conservative position it is indicated that the marriage is limited to people of different sex. The premise that supports the “heterosexual” pro-marriage establishes the union between man and woman, for that reason only and exclusively the marriage bond could be constituted with people of different sex. The central thesis about marriage focuses on the fact that, from its origins, its concept or nature, it has been exclusive to heterosexual people. Also, this notion would be based on article 67 of the Ecuadorian Constitution. While from a more progressive position it is rejected that the concept is so reduced. Meanwhile, the egalitarian pro-marriage movement supports its reasoning on the principle of equality, but specifically, in the prohibition of discrimination found in the second clause of the same article 11 numeral 2. Therefore, I analyze and criticize the first and second position, from an interpretative and moral perspective, in order to obtain a good argumentation, from a meticulous conceptual analysis. The interpretative thesis the rule of article 67 could be seen in four possible “interpretations” - plausible rules of marriage. On the other hand, under the moral thesis I will use the naive and sophisticated moral argument with the aim of realizing a redefinition of moral arguments regarding marriage.
El derecho a la vida digna de personas que sufren enfermedades crónicas degenerativas por intermedio de la bioética, mediante el testamento anticipado o testamento vital dentro del marco jurídico ecuatoriano
(Universidad de Cuenca, 2022-07-15) Duran Ortega, Rene Sebastián; Solano Paucay, Vicente Manuel
What you want to investigate is to know the feasibility when talking about an advance directive or living will within the social and legal reality within the Ecuadorian legal system, since the issue in question for the society of our country is highly questioned, especially because of the confusion that exists in thinking that the living will or advance directive is the same as euthanasia. As a first point to determine, we are talking about two different legal figures that although their purpose is similar to seeking a dignified death, their effects and procedure are completely different, since each one processes in certain cases and to request it is also different. Where we can also observe the lack of regulations when talking about the living will, within the constitution of the Republic it recognizes what a dignified life is, but it does not specifically cover what it refers to, its scope and until This right covers a certain point, if there is a limit and if there is no such limit, because a living will or advance directive could not be implemented within Ecuadorian legislation. For many doctrinaires at the international level, it speaks of death as part of a dignified life, we could consider it as a fundamental right of the same category where the right to life is found, in the present research work we speak of a group of vulnerable as are the people who suffer from CHRONIC DEGENERATIVE DISEASES, with the purpose that they can exercise their right to a dignified life and the principle of autonomy of the will, at the moment that they are allowed to choose how they wish to end their last years, months and days of life . Being a topic that covers not only legal matters such as the right to life and the will of the people, it also covers a related topic with wide coverage, not only legal but also we enter the area of health, where thanks to the different research and technological advances, we can determine when a person is diagnosed with a chronic degenerative disease, to analyze what faculties these people lose and to what extent they can act of their own free will and exercise their different rights, where the doctor's diagnosis is also essential, determining that the person suffers from this disease since if it would give way to access to a living will or advance consent in order to choose about their last days of life. This research topic is very important since we would be developing in a better way and its scope the right to a dignified life, recognized in the Constitution of the Republic since 2008 in its article 66 numeral 2 "The right to a dignified life, which ensure health, (...)”, with the purpose of being able to grant people suffering from chronic degenerative diseases an alternative when they decide how they wish to be treated in terms of treatment and their respective care, in order to be able to avoid a suffering and that they live in inhuman conditions, since this legal figure seeks the opposite, that they live in a decent environment and above all that their right to choose how they wish to spend their last stages of their lives is respected, in the most humanely legal way
El procedimiento abreviado: el juzgador frente a los sujetos procesales
(Universidad de Cuenca, 2021-03-04) Figueroa Pérez, Paola Catalina; Solano Paucay, Vicente Manuel
The abbreviate procedure regulated in Ecuador from article 635 of the criminal code, has a characteristic the negotiation of a penalty eliminates the normal trial from which arises the need to understand if it allows the judge to guarantee the principles of a due process. We will study the origins of the abbreviate procedure its adaptation in our legislation, its regulation allows a judge to protect principles such as: Motivation, due process, prohibition of self-incrimination, elimination stages of a normal process, issuing a conviction, the admission in relation to how to disprove the presumption innocence. The methodology was qualitative approach, bibliographic analysis, interviews with judges, district attorneys, public defensor of Cuenca, about this procedure and the analysis of cases show that the law limit the judge, it doesn’t allow him to have a conviction beyond all reasonable doubt, the judge doesn’t analyze any element, he only accepts a penalty that has been negotiated and them goes against of principle motivation, prohibition of selfincrimination. It is suggested that it should be applied after there is an order to initiate a trial where the elements are legal evidence and constitutional, they will serve the judge for the analysis and that way the confession won’t be the basis of a veridical or judicial ruling, a study about the relation with the recurrence and this procedure
El reconocimiento, aplicación e implicaciones del derecho colectivo a la Consulta prelegislativa en el Ecuador dirigido a los pueblos indígenas, montubios y afroecuatorianos
(Universidad de Cuenca, 2021-12-03) Bernal Ochoa, María Belén; Solano Paucay, Vicente Manuel
This investigation highlights the recognition, progress and current regulation that Ecuador has on the collective rights of towns, communities, communes and indigenous people, Montubio and Afro-Ecuadorian people, with special emphasis on the prelegislative consultation, a figure that despite being recognized in the 169 Convention, it was only partially included in the 2008 constitution. The study starts from a historical analysis, in order to publicize the most important events for the recognition of collective rights in the country, as well as the dogmatic and descriptive method as it reveals the particularities of the pre-legislative consultation and the entire regulatory framework that exists around it, both nationally and internationally. Having as important results, the fact that although there is progress in the recognition of collective rights with the current Constitution, with respect to the figure of pre-legislative consultation, there is a large gap between what is regulated at the international level and what is observed in the Ecuadorian regulations, since the analysis carried out does not fully comply with the necessary characteristics of the consultation to become a true means of participation of the communities and there is a rather limited vision of the field of action of this institution. Therefore, a regulation that fits to international parameters and considers the true purpose of the consultation is necessary, that is, to guarantee the participation of communes, communities, people and nationalities when dealing with administrative or legislative measures that may affect their rights.
Empujones verdes para la Universidad de Cuenca: una propuesta de desarrollo sostenible
(Universidad de Cuenca, 2023-03-09) Merchán Carranza, Daniela Susana; Solano Paucay, Vicente Manuel
In recent times, interest in solving social problems associated with the preservation and conservation of the environment has a growing trend. Thus, behavioral law establishes options that seek to encourage changes in citizen behavior through nudges or pushes in different areas. An example of what has been mentioned is the initiative of the United Nations Environment Program (UNEP) through the book "The little book of green pushes", in which universities are urged to implement actions that guarantee the sustainability. In this context, the present investigation arises with the objective of proposing to create a proposal for the University of Cuenca based on the recommendations of UNEP, for which a type of hermeneutic study was used through documentary review, surveys, interviews and groups. focal points to the main actors of the university under study. The results show that teachers and administrators have different perceptions and availability in accepting green pushes, which is why different strategies are proposed that adhere to the UNEP recommendations.