Browsing by Author "Torres Rodas, David Fernando"

Now showing 1 - 20 of 32

Acción por despido ineficaz a mujer embarazada, propuesta por extrabajadora en contra de institución financiera (Juicio No. 14307-2021- 00806)
(Universidad de Cuenca, 2025-04-10) Villavicencio Vera, Alexis Enrique; Torres Rodas, David Fernando
The Action for Ineffective Dismissal is a relevant legal tool in terms of constitutional and labor rights. Its incorporation in Ecuador follows the protective line that the state provides to certain groups considered to be in priority care, specifically, working women who face pregnancy, gestation period or maternity. This analysis studies the legal figure mentioned above, from its historical background in the timeline, addressing the necessary processes that led formalizing this legal tool, to later conceptualize it in the Ecuadorian regulatory framework, paying attention to the parameters and formalities necessary for said action to operate. Once the ineffective dismissal is defined, its concrete application will be analyzed, within a judicial process resolved by the Ecuadorian administration of justice in different instances, compiling factual and legal background with their respective consequences. Through a technical and legal study, the factors that justify the special protection that the legal system and the operators of justice grant and develop in favor of women in a state of pregnancy or maternity, within their labor relations will be identified. Finally, through a comparative approach, national legislation will be studied together with international regulations on labor rights, to identify the international trend of states in the face of a common problem: the care and protection of pregnant women in their workplace, in the face of possible violations of rights that may be caused by forced or illegal dismissals associated with their status as mothers.
Análisis comparativo entre el término feminicidio y femicidio, sus diferencias e implicaciones dentro de la construcción del discurso feminista internacional
(Universidad de Cuenca, 2024-09-05) Reyes Pesántez, Emilia Belén; Torres Rodas, David Fernando
This project deals with the comparative analysis between the term feminicide and femicide,their differences and implications within the construction of international feminist discourse. In which, a preliminary argument is made about the patriarchal system, where it has been confirmed that violence against women arises from the power and control that the patriarchal system grants to men, strengthening inequality between both sexes, with the objective of achieving and maintain the submission, inferiority and obedience of women. In the second chapter, the distinction is made between femicide and feminicide, specifying that femicide is defined as the homicide committed by a man against a woman, driven by hatred, contempt, personal satisfaction or simply by the fact of being women; while, feminicide includes all forms of violence directed towards women that are permitted or tolerated by the State, which specifically focus on the impunity linked to these crimes. Finally, in the last chapter the international feminist discourse is established, understanding that there are various activists from feminist movements such as Nelly Richard, Rita Laura Segato, Mary Wollstonecraft, Margarita Pisano, among others, who have defended their rights and have fought for their recognition, respect and equal integration in society.
Análisis de la coyuntura política respecto al juicio político y posterior disolución de la Asamblea Nacional en el Ecuador en el año 2023
(Universidad de Cuenca, 2025-02-14) Rodríguez Sacoto, Pedro Sebastían; Torres Rodas, David Fernando
This study examines the circumstances preceding the impeachment and dissolution of the National Assembly of Ecuador in 2023 and its consequences on the political stability in the country, as well as the relations between the Executive and Legislative branches. Its research problem revolves around the application of "cross death" and how it impacted the country's democratic legitimacy and governance amid rampant corruption and political divisions. The approach is qualitative and is based on documentary and doctrinal research through the analysis of the legal framework, political history, and institutional implications of the case in question. Among the most relevant findings, the application of "cross death" posed a dilemma between the country's democratic principles and the practical need for governmental stability. There was an excessive phenomenon of hyper-presidentialism, accompanied by a weak legislature and a lack of independent regulatory institutions, which undermined the system of checks and balances. The conclusions highlight the need to redefine the procedures for the removal of authorities and the need to strengthen institutional control mechanisms. Among the recommendations provided, an increase in government transparency and the establishment of a more effective system of checks and balances are suggested. Moreover, it is suggested that impeachment can be used as a remedy for institutional crises in the context of democratic reforms. Meanwhile, this study not only examines the political developments of 2023 but also provides some insights towards the institutional reconstruction of Ecuador.
Análisis de la inimputabilidad de la conducta del sicariato juvenil en Ecuador como mecanismos de prevención desde una perspectiva victimológica
(Universidad de Cuenca, 2025-09-08) Pérez Martínez, María del Cisne; Torres Rodas, David Fernando
This research addresses the complex phenomenon of juvenile contract killing in Ecuador, focusing on the criminal non-liability of adolescents. Its main objective is to analyse the internal and external factors that influence the involvement of minors in such crimes and to propose effective prevention mechanisms from a victimological perspective. The study is grounded in a qualitative, descriptive, interpretative, and documentary methodology, complemented by semi-structured interviews. It delves into various criminological theories that help to understand the factors influencing adolescent behaviour and their participation in this type of criminal offence. This research proposes comprehensive and multidisciplinary prevention mechanisms, as they move beyond punishment towards the restoration of rights, early intervention, and the transformation of environments that foster youth criminality.
Análisis de la sentencia constitucional 2006-18-EP/24: la gravedad del daño para admitir una acción de protección por despido laboral del sector público
(Universidad de Cuenca, 2025-02-26) Ramón Zhagui, Karla Cristina; Torres Rodas, David Fernando
This paper refers to the access to the constitutional remedies, specifically the action for protection in the case of labor conflicts between the State and the public servants, especially in labor dismissal of public servants, analyzing what is the severity of the damage, concepts, normative foundations, scope, limitations and legal effects caused, how this new ruling affects people and what are the parameters or how to quantify that there is a serious damage. By analyzing the Ruling 2006-18-EP/24 issued by the Constitutional Court, it can be determined how the lack of clear parameters on the severity of the damage, sufficient to admit an action for protection for dismissal in the public service, can cause violations of rights and affect people who actually need access to constitutional remedies. This analysis concludes that the severity of the damage on the basis of which an action for protection proposed by public servants for dismissal is accepted is a subjective issue and that there are no necessary criteria or parameters to establish the severity of the damage to the dignity and autonomy of the servant, on the basis that what a servant may considered to be a serious damage to his dignity, a judge may determine that it is not and reject the action for protection. Therefore, this work emphasizes the need to establish parameters or minimum standards for the determination of the severity of the damage to the dignity and autonomy of the public servant.
Análisis jurídico la procedencia de la acción directa por pago indebido, en la acción contencioso tributario
(Universidad de Cuenca, 2023-05-22) Mancheno Matut, Nicolás Fernando; Torres Rodas, David Fernando
This research aims to provide information a global understanding of the history of tributes both in the world and in Ecuador. In addition, a general classification of taxes is presented and likewise understand who participates in the legal-tax relationship and the definition of the generating event in tax law. It also analyzes the powers that the tax administration has, from the determination of the generating event to the imposition of sanctions. Next, the administrative procedures and current regulations in Ecuador are studied, including the contentious tax procedure and the appeals available in the Tax Code. Finally, direct actions in the tax litigation process, such as improper payment and overpayment, and the requirements to trigger these actions will be analyzed in detail.
Atribución del funcionario ejecutor para imponer la medida de arraigo o prohibición de salida del país sin trámite previo en los procedimientos coactivos
(Universidad de Cuenca, 2024-02-27) Tenesaca Sumba, Andrea Mishell; Torres Rodas, David Fernando
Ruling No. 8-19-CN/22 issued by the Constitutional Court of Ecuador includes an important analysis of the power of the executing officer to dictate the measure of arraigo or prohibition to leave the country without prior process contained in Article 164 of the Tax Code. This declaration of unconstitutionality positively changes the rules regarding the manner in which this personal precautionary measure may be imposed in tax coercive enforcement proceedings. This paper starts from the doctrinal, legal and jurisprudential analysis regarding the coercive execution procedure as an element of the principle of administrative self-protection enjoyed by the Tax Administration, its origin and legal nature, the powers of the collecting officer; and the compatibility of this legal figure and its tools, with the constitutional text; as well as the respective analysis of the case, the consultation presented by the judge, the amicus curiae prepared by the IRS and finally, the decision reached by the Court.
Blockchain aplicado a contratación pública privilegiando la transparencia; un enfoque desde el proceso de selección de menor cuantía
(Universidad de Cuenca, 2025-03-07) Alvarracín Toledo, Michelle Fernanda; Torres Rodas, David Fernando
The technological innovations have allowed the implementation of new tools, allied to rather management of public administration in public procedurement processes. So that, technologies have been utilized with the aim of modernizing the public sector and its procedures. Disruptive advances, such as blockchain, have become allies in the fight against state corruption; especially, they have strengthened the basic principles, both of the public administration and of state contracting. The purpose of this research is to carry out an analysis of the application of the blockchain system in the process of contracting for small amounts; they will cover everything from the general aspects of public procurement, the technologies used in this sector, to determine the adequacy of this technological mechanism. In light of the ineffectiveness of the current mechanisms used for achieving transparency, this research, through a theoretical-practical methodology, aims to analyze to what extent blockchain technology can promote transparency; determining if it can contribute to the handling and prevention of practices associated with corruption.
Cobro de las prestaciones por desempleo: su regulación en la legislación ecuatoriana a partir del 22 de marzo de 2016
(Universidad de Cuenca, 2020-12-21) Ortega Ortega, Margoth Alexandra; Torres Rodas, David Fernando
The purpose of this research was to analyze unemployment benefits and their collection in the IESS by employed workers, in accordance with social, economic, and Ecuadorian legislation. To address this objective, a mixed methodology was designed: quantitative and qualitative. A statistical analysis of figures on the issue of unemployment was carried out at the national level and in the province of Azuay during the period 2016-2019. In addition, fieldwork was carried out that consisted of collecting information on the phenomenon of study, from affiliates to social security who have accessed this benefit in 2019. The sampling applied was non-probabilistic and for convenience. The statistical analysis was descriptive, so the analysis was based on the consideration of frequencies and percentages. Based on the development of the research work, it was possible to highlight among the main findings that unemployment benefit in the Ecuadorian context is related to the capacities of the State and, more specifically, of the governments that succeed in the command of power, to ensure what by law is a worker right.
Declaración de terminación unilateral de contrato resuelta por la administración pública ¿Controversia contractual o acción subjetiva? análisis del caso 2023-005 resolución emitida por la Corte Nacional de Justicia
(Universidad de Cuenca, 2024-02-28) Gallegos Picón, Wilson Ismael; Torres Rodas, David Fernando
The following degree work focuses on the analysis of the cases that conform Resolution No.2023-005 issued by the National Court of Justice, which establishes as mandatory jurisprudential precedent the five-year term to challenge administrative acts derived from the execution of contracts. We will address the relevance and deadlines to file a lawsuit challenging such administrative acts, where the district courts of instance rejected the claims for considering such challenges as subjective actions or full jurisdiction, for which the rule handles other deadlines. We will address the clear differences between civil contracts and public contracts, in order to reiterate that the entities in charge of public administration exercise certain superiority over the contractor, we will also analyze the different contractual stages found in the Organic Law of the National Public Procurement Service where we will be able to appreciate that in the contractual execution stage certain problems may arise due to the fact that the Public Administration makes use of those considered by the doctrine as exorbitant clauses, resulting in different contractual controversies such as the unilateral termination of the contract, which is the reason why the affected parties resort to the Contentious Administrative Courts to protect their rights.
La determinación tributaria por parte del sujeto activo del tributo. Legislación Ecuatoriana
(2008) Torres Rodas, David Fernando; Torres Rodas, Marlon Tiberio
Efectos del silencio administrativo y procedimiento para su declaratoria en el sistema legal ecuatoriano
(2016) Sánchez Lozano, Jaribel Sofía; Torres Rodas, David Fernando
The presentation and objective of this investigation work, is about the effect of the Administrative Silence and also the procedure to be carried out, and for its declaration within the Ecuadorian legislation. It is necessary to start with the background, evolution, legal nature, effects, and the previous procedure as the judicial, front the administrative jurisdiction. The substance of Administrative Silence is based on the protection of the administrated rights, and whit the eeffectively exercise of the “petition right”, it becomes concrete. Toverifythis, I use importantbiography as: Ley de Modernización del Estado, COOTAD, ERJAFE, Código Tributario, Ley Orgánica de Contraloría, Ley Orgánica de aduanas, etc. In the other hand, I have remitted to doctrinaire studies and Ecuadorian jurisprudence, where I searched for the most important verdicts, to analyze, all the requirements, time limit, and the operability about this legal instrument. The purpose of this monograph is to contribute in the solution and the precise use of the Administrative Silence, because, the utility of this legal instrument in the actuality is not the correct one; it is necessary to know how it is used, and how effective is its scope. This investigation is going to contribute whit important a relevant recommendations.
Estabilidad laboral de las personas contratadas en proyectos de inversión utilizadas para cubrir necesidades institucionales permanentes en el sector público
(Universidad de Cuenca, 2023-03-03) Morocho Correa, Erika Estefanía; Torres Rodas, David Fernando
In this research project, the problem that revolves around investment projects as a means to promote labor precariousness by maintaining occasional employees while satisfying permanent institutional needs was exposed; it is, for this reason, the objective of the project was to determine those activities that the institutions should carry out to avoid the violation of rights and allow the consolidation of labor stability. Therefore, to arrive at a conclusion, the qualitative method was used, through the collection of information from different types of bibliographic sources, the particularities of occasional service contracts, those linked to investment projects, as well as the right to labor stability and its violations, were analyzed. Finally, the interview technique was used with one of the occasional employees linked to an investment project at Azuay’s District Office of the Ministry of Agriculture and Cattle raising. As a result, the violation of the job stability of occasional servers is related to the fact that they continue satisfying a need that is already considered permanent because the time represented by temporary employment has elapsed without the need being consolidated. In this case, the institution considers that since they are linked to an investment project, they are not covered by the corresponding law, thus failing to comply with its obligation to verify that the need has become permanent and consequently extending their contracts and calling for the respective merit and opposition contests.
Evolución de las excepciones previas dentro del Derecho Adjetivo Ecuatoriano, análisis comparativo con la Legislación Internacional uruguaya y chilena.
(Universidad de Cuenca, 2023-07-11) Lastra Samaniego, Micaela Abigail; Torres Rodas, David Fernando
This research work focuses on the study of the legal institution of previous exceptions, covering its origins and legal evolution up to the present as a tool by the defendant to end a judicial process or at least dilate it. It could be said, therefore, that the exception is an optional right, the defendant has this right and thanks to it, he can exercise his defense so that the actor does not come to enforce the claim that he demands against him. From the Código Orgánico General de Procesos (COGEP), the previous exceptions contained in article 151 have contemplated a series of possibilities through which the defendant can make use of this optional right, which directly affects the process, and that is why it is important to know the history and evolution of this legal institution, as well as the different treatment that has been given to it in order to determine the scope of each one of them to achieve greater legal certainty.
Incidencias de las actuaciones del SERCOP en la contratación pública ecuatoriana. ¿interferencia o control?
(Universidad de Cuenca, 2024-07-19) Vásquez Peralta, Paola Elizabeth; Torres Rodas, David Fernando
One of the main problems associated with public procurement is corruption, which can manifest itself in different forms, such as bribery, favoritism, nepotism, fraud, among others. These improper acts compromise transparency, competition and equal opportunities in contracting processes. The Organic Law of the National Public Procurement System (LOSNCP) stands as a fundamental pillar to regulate the different behaviors in public procurement, establishing the limits and guidelines that guide the actions of the contracting entities and the participants in the procurement processes. contracting, with the ultimate goal of ensuring efficient, transparent and legal management of public resources. In practice, there are several cases that arise, in which it is evident that there are shortcomings in the contracting processes, but these are not resolved as appropriate, which is why, in the development of this work, a analysis of this institution in order to verify its efficiency as a control entity or the interferences it generates in the process.
La aplicabilidad de la inteligencia artificial en el proceso judicial penal: análisis de la implementación del programa PROMETEA en el Ecuador
(Universidad de Cuenca, 2025-02-28) Luna Marín, Jennifer Paola; Torres Rodas, David Fernando
The present study has the general objective of analyzing the benefits, disadvantages and limitations of the implementation of the artificial intelligence (AI) system PROMETEA as a tool for assessing criminal evidence in Ecuador. The research was developed under a qualitative approach, using the analytical-descriptive method. To collect the information, a bibliographic and documentary review of academic, legal and technical sources was carried out, as well as the analysis of case studies on the application of PROMETEA in the Prosecutor's Office of the Autonomous City of Buenos Aires. The legal, technical and ethical implications of its possible incorporation into the Ecuadorian criminal system were analyzed. The main finding shows that the implementation of PROMETEA in Ecuador could improve efficiency and speed in the administration of criminal justice. Case processing times would be significantly reduced, which would allow the workload of judicial officials to be optimized, freeing up time for them to focus on more complex cases. However, the research reveals the need to establish regulatory frameworks, ensure the transparency of algorithms and train judicial operators in the use of AI. The main conclusion of the study indicates that, although PROMETEA has the potential to positively transform criminal justice in Ecuador, its implementation requires the adoption of regulatory, training and control measures to avoid the violation of fundamental legal principles, such as due process and the presumption of innocence.
La autotutela administrativa y la lesividad en el derecho administrativo ecuatoriano
(Universidad de Cuenca, 2022-10-11) Segarra Congo, Doménica Camila; Torres Rodas, David Fernando
The public administration understood as a service to the community whose ultimate goal lies in the protection and guarantee of the public interest, through the exercise of the administrative function, externalizes its will through different mechanisms, including the administrative act. However, there are cases in which different administrative acts must be excluded from the legal world to protect the public interest. Faced with this problem, the Administration will have two ways. The first of them is based on the Administrative Self-Guardianship, understood as a prerogative of the Public Administration, through which it is possible to revoke and extinguish in an administrative office, acts considered null. On the other hand, we find Lesividad understood as a declaration and action at the same time, which will allow the revocation of those irrevocable administrative acts in administrative headquarters, that is, those acts considered within the doctrine as favorable.
La brecha digital en el ámbito legal: un análisis de las políticas públicas emitidas para el servicio público de justicia (2020-2024)
(Universidad de Cuenca, 2025-03-06) Sevilla Correa, Samantha Daniela; Torres Rodas, David Fernando
The central problem of this research is the modernization of the public justice service in Ecuador, in the context of the digital transformation of the state. The complex digital inclusion of the justice administration system was identified as a significant challenge that must be addressed through public policies. The general objective was to identify the public policies issued in the period 2020 to 2024 in order to evaluate their support for the digital transition of the justice administration, understanding its challenges and limitations. The methodology used was based on a qualitative approach, employing documentary review techniques of normative content and in the technological field. A descriptive research design was chosen, since the respective analysis is based on concepts that should be understood as the digital gap, and an explanatory one, since the existing regulations were related to the public justice service. The main results indicate that the digital modernization of the justice service requires not only the implementation of technology, but also the active participation of various social actors, the reduction of the digital divide and the formulation of concrete recommendations to improve the provision of the public service of administration of justice.
La Declaración de Emergencia como mecanismo de elusión de procedimientos comunes en el Sistema Nacional de Contratación Pública
(Universidad de Cuenca, 2023-07-10) Izquierdo Robles, Ana Cristina; Torres Rodas, David Fernando
This investigative work focuses on the study of the emergency declaration and the public procurement processes contemplated in the Organic Law of the National Public Procurement System. The main objective is to analyze both the common regime procedure and the special hiring procedure, looking deep into the characteristics, requirements, rigor and flexibility of the processes. Likewise, an analysis of the chaotic scenario of public purchases during the Covid-19 health emergency, taking as a case study a contracting process that happened in 2020. Through this research, the aim is to contribute to knowledge and understanding of public procurement mechanisms in emergency situations, identifying possible challenges.
La deformación del contenido de la prueba documental a través de los medios electrónicos en los procesos que regula el COGEP
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2025-10-02) Espadero Bermeo, Evelyn Dayana; Torres Rodas, David Fernando
This research work develops the analysis of the possible deformations of the content of the documentary evidence through electronic means within the judicial processes regulated in the General Organic Code of Processes (COGEP) and in the Law of Electronic Commerce, Signatures, Data Messages (LCE). The rise of the digital era in our society and in the administration of justice has allowed the adaptation of technology in the procedural field, integrating and recognizing the validity of electronic documentary evidence, however, its evolution and insertion in the procedural field has required certain caution as it is information through digital media that in its nature is likely to be altered and manipulated. This is why, in the study that focuses the research is to identify both the electronic media recognized in the current regulations as data messages, audio and video recording, electronic signatures, electronic document, digital files and computer expertise and procedural regulation focusing its admissibility, validity and valuation. Finally, based on the study of both laws and constructive observations, mechanisms are proposed to guarantee reliability in the electronic documentary evidence, generating proposals such as normative reforms, education and training of judges and justice assistants, as well as the implementation of technological tools in the judicial processes to guarantee the protection of principles and fundamental rights.