Facultad de Jurisprudencia y Ciencias Políticas y Sociales

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Browsing Facultad de Jurisprudencia y Ciencias Políticas y Sociales by Subject "Acceso A La Justicia"

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    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 Cristóbal
    This 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“action” and “pretension”; and to establish the most relevant differences regarding the abandonment contemplated in the repealed Code of Civil Procedure.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.
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    El derecho constitucional de acceso a la justicia de las víctimas de violencia de género: la violencia psicológica en el cantón Cuenca con entrada en vigencia el Código Orgánico Integral Penal
    (2019-06-06) Guaraca Maldonado, Favio Alejandro; Mendoza Eskola, Juanita Catalina
    This research project has tried to analyze the route of enforceability of the rights of victims of psychological violence since its standardization as a crime since 2014. The research focuses on the Alda Facio’s proposal (1999) to auscultate the components: normative-formal, structural and political-cultural. This process shows a system that acts against protecting the human rights of women. This also shows the legislative poverty in the standardization, privileging a previous evidence by a result that must be inserted in a psychological expertise, indispensable requirement often unattainable that has generated total impunity. An insensitive institutional structure that minimizes the treatment of gender violence. Designated State delegates without expertise and adequate training that disregards a constitutional duty to guarantee specialized justice. An inactive system is revealed that endorses the initiative of the process to the victims. The judicial public service is adapted to the current system, normalizing the service without priority. Among the few resolutions that have been issued, the comprehensive redress does not comply with constitutional parameters. There is a state debt in the consolidation of the route of enforceability of the rights of victims of gender violence that does not allow a transition with a focus on gender and human rights.