Browsing by Author "Zumba Bueno, Rosa Amalia"

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El femicidio como delito autónomo tipificado en el Código Orgánico Integral Penal
(2015) Zumba Bueno, Rosa Amalia; Correa Alvarado, Miguel Enrique
Femicide as a separate offense under the Criminal Code of Integral, approved by the National Assembly, which took effect on August 10 of the year two thousand and fourteen; seeks to ensure, expeditiously defend the rights of victims, the fundamental and inherent right to humans such as the right to life, physical and psychological integrity of women; providing legal security, protection and prevention measures in addition to full reparation to the victim's family; also contributes to ensuring human rights of women and claiming a significant step towards reaching gender equality, equity; so, in this way it contributes to reduce the rates of gender-based violence that is not only a problem of national type because it affects all countries of the world regardless of race, political ideology, class, culture or a religion. The consummation of this crime, is the extreme demonstration of violence against women nevertheless remains a little known fact. It is the end point of a circle of both psychological violence and physical in which he has lived women, caused by machismo, unequal power relations between genders, low self-subordination, possession, frustration and other factors that also come from society where it has established a marked distinction of roles for both men and women.
La afectación del procedimiento directo en el derecho al debido proceso
(Universidad de Cuenca, 2020-07-21) Zumba Bueno, Rosa Amalia; Saquicela Rodas, Iván Patricio
The criminal process in recent decades has undergone major transformations. However, guiding principles of the accusatory prosecution system have remained unchanged to a greater or lesser extent. Ecuador has not been outside the influence of these currents. Thus, with the promulgation of the Organic Comprehensive Criminal Code in 2014, a set of procedures are regulated, such as the direct one, which seek to speed up the criminal process by fulfilling certain requirements. In spite of this, in the ecuadorian reality, the direct procedure affects fundamental guarantees such as the right to defense, the equality of procedural subjects and the right to be played by an impartial judge, which inevitably threatens the very essence of the guarantee criminal and constitutionalism prevailing in the ecuadorian law system. From this budget, the research that performs a doctrinal, legal and jurisprudential analysis around important categories such as due process, direct procedure and its analysis in ecuadorian reality, through a mixed methodology and a descriptive approach, allowing to know the failures and violations of certain rights and guarantees of due process that occur in the direct procedure, demonstrating the need to restructure it in order to turn it into a guarantee institution and in accordance with the requirements of the rights of those currently prosecuted and guarantees necessarily prevailing in the criminal process.