Facultad de Jurisprudencia y Ciencias Políticas y Sociales
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Browsing Facultad de Jurisprudencia y Ciencias Políticas y Sociales by Subject "Abandono"
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Item El abandono del adulto mayor dentro de su entorno familiar(2018) Zúñiga Ochoa, Paola Verónica; Quito Calle, Jessica VanessaThe following monograph nourishes from different theoretical and statistic arguments, the same that should be not considered definitive; however, it has tried to provide an argumentative criterion based on theories and critiques. In this society, where it is evidenced an increment in competitiveness and dehumanization, the abandonment of elder people in their family environment, constitutes a serious social problem. As a methodology for the investigation, the deductive method was applied that, through general conclusions, arrived at particular ideas, this will focus in an analytical way such as in the factor and in the consequences of the abandonment, it will also focus in the social work in the pro elder. Elder citizens will be analyzed consequently; including the ones related to the person such as: age, physical and emotional dependence, gender or the health condition. Also it is taken into account the factors related to the family environment, that is: economic problems, surplus of emotional and physical load, lack of knowledge from the person in charge, deficient family relationships, and place of residence, among others. Finally, based upon elder rights established in the Constitution, which determine the elder citizens must receive specialized attention priority, therefore the estate ought to regulate and take measures such as build specialized centers, develop programs aiming to promote personal autonomy, protection against violence, etc.Item El abandono, el efecto impeditivo de proponer nueva acción prescrito en el Código Orgánico General de Procesos con relación al derecho a la Tutela Judicial Efectiva(2018) Pozo Iñamagua, Jaime Geovanny; Piedra Andrade, Juan CristóbalThis research work title is "The abandonment, the impediment effect of proposing new action prescribed in the General Organic Code of Processes in relation to the right to Effective Judicial Guardianship" and its main objective is to briefly explain and in a general way how is regulated the abandonment as an Institution within our legal system as of the validity of the General Organic Code of Processes, for which it is necessary to know and refer to basic concepts of Procedural Law, such as “process”, “action” and “pretension”; and to establish the most relevant differences regarding the abandonment contemplated in the repealed Code of Civil Procedure. The analysis focuses on one of the effects of its declaration, the one prescribed in Article 249 of the General Organic Code of Processes, an effect that prevents the actor from exercising new action on the same claim, with the intervention of the same parties, once it has been declared abandoned by the judge. This effect that has raised doubts and controversies in the legal practice of those individuals who practice the profession in law, of the justice operators, of us as students in the academic debate and of the citizens in general, considering that such effect, negatively affects and calls into question the fundamental rights to Effective Judicial Guardianship and Access to Justice, in the absence of the Administration of Justice.Item Análisis jurídico del trámite de declaratoria de abandono de un niño, niña o adolescente establecido en el código de menores(2000) Olivo Pila, Gladys Carmita; Machuca Bravo, KaisserItem Efectos jurídicos del abandono del proceso, previsto en el Código Orgánico General de Procesos; Art. 249(2017) Iñeguez Chablay, María Fernanda; González Calle, Fernando TeodoroThe research work contains in each of its chapters critical analyzes of the process abandonment figure within our Ecuadorian legislation, since for this it starts from the definition and distinction of basic concepts that are firmly related to this practical question of procedure. Both the definition of process, abandonment and similarities of these terms are the basis for understanding the figure of abandonment, since this allows us to glimpse the intention and purpose of this institution within our legal system. Being thus in process is composed of procedural legal acts, the declaration of abandonment of the process becomes an act more within a process, which must exist so that this declaration can be given. The COGEP has foreseen that the deadline for this declaration has been eighty days, which has not been given the continuation of it, trying to become a penalty to procedural negligence, without precaution the integrity and violation of the rights of the procedural parties. The source in this applies to all processes in general and their unequivocal claim to processes that are of interest to children, the stage of implementation and issues related to the State. The omission to the analysis of basic concepts made serious errors in this new normative body, as not to differentiate the pretension of the action, since the very objective of abandoning the process seeks to sanction the bad practices but not to restrict the procedural rights, It is possible to say that A process declared in default, does not extinguish, or should not at least eliminate the right or claim sought. Comparative legislation only allows us to see how our own has made serious mistakes, Colombian legislation is a system in which this figure has been perfectly regulated without neglecting respect for procedural rights, such as diligent application of due process and judicial protection Effective.Item Migración de los padres y sus efectos en niños, niñas y adolescentes(2010) Velástegui López, Cecyl; Ortiz Ochoa, William AlfredoItem Protección social del niño abandonado(1983) Martínez Menduino, Mónica; Coellar Espinoza, MaxItem Reincersión familiar de los adultos mayores que han sido acogidos en el Centro Geriátrico Plenitud en la ciudad de Cuenca, febrero 2012 a octubre 2012(2011) Ojeda Verdugo, Silvia Verónica; Gómez, Raúl
