Browsing by Author "Valverde Orellana, Pablo Fernando"

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Análisis de la aplicabilidad y alcance de la acción de hábeas corpus en animales silvestres en la sentencia No. 253-20-JH/22
(Universidad de Cuenca, 2025-06-03) Orellana Peña, Jasson Steve; Valverde Orellana, Pablo Fernando
Through the analysis of judgment No. 253-20-JH/22, among several cases referring to the application of jurisdictional actions to animals, this is the only emblematic case that has arrived and has been resolved by the Constitutional Court referring to the applicability of the habeas corpus action to wild animals, the grounds of the majority vote approving the applicability, and of the dissenting vote limiting it, will be examined in order to fulfill the proposed objectives. In the first chapter, a normative, doctrinal and jurisprudential analysis is made regarding the guarantee in question and the rights of nature and of animals, with the purpose of providing the reader with a complete panorama that will help him develop a critical sense for the approach of chapter two, where the arguments of the majority vote and the dissenting vote are analyzed and the aim is to elucidate which position is the appropriate one within the Ecuadorian normative context. Finally, in chapter three, I make my own arguments, both of form and substance, that justify why it is normatively coherent that the habeas corpus action be extended to wild animals, in order to subsequently establish limits that avoid the denaturalization of this guarantee in the practice of law.
Análisis de la Sentencia 28-15/21 IN de la Corte Constitucional del Ecuador y su repercusión en la materia de familia, mujer, niñez y adolescencia
(Universidad de Cuenca, 2023-09-11) León Peñafiel, Julio Eduardo; Valverde Orellana, Pablo Fernando
Sentence 28-15/21 IN of the Constitutional Court of Ecuador involves a big search and discover of the institutions of right that are relatives to childhood and teenagers, in special to custody in ecuadorian laws such as positions and amici curiae that were presented in the chase. The declaratory of unconstitutionality brights big changes in the figure of custody in judgment of family teams only after child support, this search starts with the analysis of constitutional rights like “interés superior”, “coparetalidad, “corresponsabilidad parental” and sensitive themes like violence against women in the patriarchal system of society, the role of women in the same one and the way that this roles affected to men and women. Includes also the chase analysis and documents presents by other people and to the end suggest ideas that need to be readed and take in consideration to improve the childhood of ecuadorian kids in the not know yet “Código de Protección Integral de la Niñez y Adolescencia”.
Análisis de la sentencia CASO N°. 112-20-JP y 138-21-JP acumulados, la correcta reparación integral en cada caso y contraposición del derecho a la libertad de culto y la educación superior
(Universidad de Cuenca, 2024-03-05) Pulla Cornejo, Galo Mauricio; Valverde Orellana, Pablo Fernando
This article addresses the protection of the right to freedom of religion in the context of university education in Ecuador, focusing specifically on cases of Seventh-day Adventist students whose requests for accommodation for religious reasons were denied by universities. Therefore, the application of the principle of comprehensive reparation in the Ecuadorian judicial system is analyzed, as well as the importance of modifying the internal regulations of educational institutions to avoid the repetition of human rights violations. At the same time, the relevance of university autonomy and the adaptability of education for students in the context of religious freedom is highlighted. Likewise, freedom of worship, the Seventh-day Adventist Church and the right to higher education in Ecuador are mentioned, as well as the organizational structure of the Adventist Church and its focus on health and education. Subsequently, the decisions of the Constitutional Court are mentioned analyzing the validity, suitability, necessity and proportionality of the universities' refusals, concluding that in some cases the rights of the students were violated.
Análisis de los parámetros de la cuantificación por daño moral dentro del caso 01333-2019-05866 seguido por Esteban Bernal contra Sebastián Cevallos y Francisco Andrade, en Cuenca en el año 2019
(Universidad de Cuenca, 2024-02-27) Balarezo Arias, Juan Diego; Valverde Orellana, Pablo Fernando
The present investigation carries out an analysis linked to the moral damage suffered by citizen Esteban Bernal, as a result of a set of accusations that were made against him in the middle of his electoral campaign for the prefecture of Azuay, in this sense the person affected in the first place He attempted a lawsuit before the Civil Judicial Unit of Cuenca, in which it was decided to declare the lawsuit presented by the plaintiff inadmissible, based on the criterion that as a public person as a politician and as a candidate for a popularly elected position, he was exposed to scrutiny. The public and all the people who find themselves in this situation must be tolerant of criticism because that is part of the political dynamic and accountability to citizens. In the same sense, the investigation carried out a deep analysis of the appeal made by the defendant before the Provincial Court of Azuay in which the moral damage affected to the plaintiff was taken into consideration, as well as an economic estimate was established under the principle of proportionality, in such a way that it did not financially affect the person responsible but that it also benefited the defendant who had been the object of moral damage.
Análisis del caso 24202-2022-00017T de hábeas corpus interpuesto en nombre de Jorge David Glas Espinel
(Universidad de Cuenca, 2023-09-19) Ramos Rimarachin, Zoila; Valverde Orellana, Pablo Fernando
The purpose of this paper is to analyze the case 24202-2022-00017T of habeas corpus filed on behalf of Jorge David Glas Espinel, which was granted in first instance by the Unidad Judicial Multicompetente based in Manglaralto, in the province of Santa Elena, ordering the immediate release of Ing. Glas without opposition from the SNAI and without the PGE, who later appealed, carrying out a new discussion in second instance, in which the existence of an inexcusable error was declared, as well as the annulment of all proceedings due to territorial incompetence and violation of the right to defense of the PGE. The case under analysis not only generated big controversy and social interest, since many considered the judge's actions questionable, but also discussions in the legal field, which will be addressed in the present investigation, focused on the application and scope of the rule of competence, the extension of passive legitimation and the effects of corrective habeas corpus, through a bibliographical investigation complemented with interviews with experts in the field, all of which allows a qualitative analysis of the case.
Desafíos procesales en la reversión de sentencias ejecutadas en procesos de prescripción extraordinaria adquisitiva de dominio
(Universidad de Cuenca, 2025-03-06) Aguilar Lojano, María Cristina; Valverde Orellana, Pablo Fernando
This research paper titled "Procedural Challenges in the Reversal of Executed Sentences in Extraordinary Prescriptive Acquisition of Ownership Processes" focuses on the issue of artificial summons made through newspaper publications in the context of the legal process of this mechanism, which allows the acquisition of rights and the extinction of others' rights concerning a property. The research examines the violation of the right to defense and the guarantee of due process when the plaintiff knows the defendant's real address but opts for a method that avoids direct summons, thereby affecting rights and causing defenselessness.
La calificación de maliciosa o temeraria a la denuncia o acusación particular: derechos, omisión judicial y parámetros, en Cuenca 2022-2023
(Universidad de Cuenca, 2024-02-28) Merchán Cedillo, Bryan Mauricio; Valverde Orellana, Pablo Fernando
In the field of Criminal Procedural Law, the qualification of the complaint and the private accusation as malicious or reckless is developed. This study seeks to identify the reasons why judges omit to make this qualification. First the current research will be eminently qualitative, focused on obtaining information from bibliographic materials in correlation with the provisions of the Código Orgánico Integral Penal, to address the fundamental aspects and the problems that comprise such qualification.Additionally, an analysis of sentences issued by the Unidad Judicial Penal and Unidad Judicial de Violencia in Cuenca will be conducted to examine the practicality and reasons for the judicial omission of the qualification. The results show that judges do not qualify the private accusation and especially the complaint, because the victim exercises her right to stop participating in the process. However, the judges of the Corte Provincial de Azuay argue that this right does not oppose the possibility of qualification, since the rights of the denounced or accused must also be considered: equality of conditions, effective judicial protection, and the right to honor and good name.
La fijación de la pensión alimenticia y su efectividad al momento de cubrir las necesidades de niños, niñas y adolescentes, cuando existen varios beneficiarios del derecho de alimentos
(Universidad de Cuenca, 2023-08-30) Sangurima Velecela, Diana Estefanía; Valverde Orellana, Pablo Fernando
The right to alimony as a legal prerogative is regulated in the Code of Childhood and Adolescence, a legal body specialized in Family Law, and defines it as the guarantee to provide the necessary resources to meet the basic needs of food, establishes who are the subjects called to comply with this obligation and its beneficiaries. In order to facilitate the establishment of the amount of alimony, Ecuador has implemented through the Ministry of Economic and Social Inclusion, the use of parameters to be considered, which are contained in the Table of Alimony and which respond to the income of the provider, the total number of children and their ages, based on which the corresponding alimony can be established. The problem with this fact is that the parameter of the number of beneficiaries is very conditioned, since the more beneficiaries there are of the same pension, the less effective it is for each one of them, which means that the amount that each beneficiary may have does not cover what is really needed to subsist, much less to achieve a decent life. Consequently, the law opens the possibility of establishing that the alimony, or part of it, is covered by other relatives, called subsidiary obligors. However, the existence of this alternative, the lack of effectiveness of alimony is still present.
Norma que faculta el pago de pensiones de alimentos hasta los 21 años a titulares que están cursando estudios
(Universidad de Cuenca, 2025-03-07) Hidalgo Aguilar, Allison Milena; Valverde Orellana, Pablo Fernando
In this research work on the regulation that allows for the payment of child support up to the age of 21 for those who are pursuing studies, the introduction presents the context and relevance of the issue. Chapter I defines the research problem, outlining its key aspects and establishing general and specific objectives, as well as evaluating the social and scientific impact. The methodology used is described at the end of this chapter. Chapter II provides a theoretical framework, explaining the concept and evolution of food law and child support. The regulatory framework for the protection of children and adolescents in Ecuador is reviewed, including international treaties and national laws, and related bills extending child support are analyzed. Chapter III examines the social and economic context of students in Ecuador, the impact of child support on higher education, and university dropout rates. Additionally, a comparative law analysis is included, comparing legislations from Peru, Argentina, Chile, and Spain, evaluating the similarities and differences with Ecuadorian regulations.
Rol actual de los precedentes y la jurisprudencia de la Corte Nacional de Justicia del Ecuador para los operadores jurídicos en la resolución de casos
(Universidad de Cuenca, 2025-05-08) Chávez Chávez, Darwin Danilo; Valverde Orellana, Pablo Fernando
Jurisprudence has long played a relevant role, although sometimes also a marginal one, as a source of law, depending on the legal system from which it is analyzed: common law and civil law. In the common law system, judicial precedent is the basis for jurisdictional decisions. In contrast, in the civil law system, traditionally subordinated to the law as the main source, case law has acquired a new protagonism as a result of the process of constitutionalization of the law. This phenomenon has transformed the judge into an interpreter and guarantor of constitutional rights, beyond being a simple applicator of the law. In the Ecuadorian case, jurisprudence and judicial precedent present important particularities. Since the 2008 Constitution, on the one hand, the relevance of constitutional precedent is recognized, whose observance is mandatory for both the ordinary courts and the Constitutional Court itself. On the other hand, the mandatory jurisprudential precedent of the National Court of Justice is established, derived from the triple reiteration rulings, whose direct antecedent is found in the French cassation model. The latter is the central focus of this paper, in which we will analyse its current role in the jurisdictional decision-making process of justice operators. To this end, it will be essential, first of all, to recognise the importance of case law and precedent in both legal systems: common law and civil law.