Maestrías

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    El aborto no punible por mal formaciones del feto incompatibles con la vida que cause un peligro en la salud de la mujer embarazada, en la legislación ecuatoriana
    (2019-10-31) Monsalve Robalino, Bernardo Xavier; Tenorio Salazar, Gabriel
    Ecuadorian legislation that regulates abortion in the Organic Comprehensive Criminal Code, section of Crimes against the inviolability of life, in this regard, it is possible to understand that according to the sanctioning effect there are two types of abortion: the punishable and the non-punishable. Punishable abortion is regulated in a single article whose first paragraph clearly states that: abortion will be allowed in cases where the life or health of the pregnant woman is in danger and there is no other way to avoid it; for the study and development of this research work, the term health should be considered broadly, according to the concept of the World Health Organization; Therefore, by means of this definition, it is sought that those who administer justice, as well as health professionals, keep in mind that the content of the norm should be understood not only in a physical aspect. The investigation shows the need to reform the Ecuadorian penal regulations taking into account the circumstances in which there are malformations in the fetus incompatible with extrauterine life; where, pregnant women do not have the legal support to opt for a non-punishable abortion and, thus, avoid suffering from psychological conditions caused by this situation.
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    Acompañamiento a mujeres en situación de violencia: la ruptura del ciclo de la violencia y la recuperación de su cuerpo
    (Universidad de Cuenca, 2020-02-12) Pacheco Lupercio, Blanca Elizabeth; Zaragocin Carvajal, Sofía
    In Ecuador, 6 out of 10 women acknowledge having experienced situations of violence in the family context, this situation constitutes a public health and human rights problem that requires a timely, technical and specialized approach. Women affected by violence must sometimes flee their homes and find a place to save their lives in shelters or shelters; In this context, Casa María Amor proposes in Cuenca the Accompaniment Methodology A way to celebrate Life that, based on the gender approach, is structured in four steps: the meeting, the projection, the road and the new beginning. Today, after ten years of applicability of the proposal, we want to know the meanings of the process underway, the contributions and challenges that, from the perspective and in the voices of women, enabled the rupture of the cycle of violence and the recovery of its agency.
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    Actual contexto internacional de las telecomunicaciones y su impacto en el Ecuador
    (2009) Velásquez Ramírez, Walter Rodolfo; Cadena Merlo, Pablo
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    Análisis correlacional de roles y estereotipos de género en docentes de niños y niñas de 3 a 8 años. Cuenca, 2018
    (Universidad de Cuenca, 2020-01-10) Flores Manzano, Clara Paulina; Calero Terán, Patricia Verónica
    The role of the teacher in the educational context makes it an entity of fundamental importance in the transfer of the gender perspective to its students in the teaching-learning process. This is a descriptive, cross-sectional investigation, whose general objective was to analyze the correlation of gender roles and stereotypes present in teachers of early, preparatory and basic elementary education of boys and girls from 3 to 8 years of the educational institutions "Gabriel Cevallos García "," Isabel Moscoso Dávila "and" Luis Roberto Bravo "from the city of Cuenca. We worked with a sample of 70 teachers of which more than 70% are women. For the collection of data, a sociodemographic variables file was used and also the instruments "Gender Role Scale" and "Current Gender Stereotype Scale (EGA)" were applied. As a relevant result, it was obtained that teachers of both genders have beliefs related to gender roles that place women in a position of disadvantage and subordination towards men, in addition, both gender roles and gender stereotypes correlate in a statistically significant way with sociodemographic variables
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    Análisis de familias con riesgo de divorcio en la Iglesia Cristiana Oasis, del cantón Cuenca, mediante el modelo estructural, año 2012
    (2013) León Márquez, Washington Evelio; Ochoa Balarezo, Juana Virginia
    The objective of this research is to analyze the structure (rules, alliances, coalitions, hierarchies, boundaries) of the families attending the Oasis Christian Church at risk of divorce, using the structural model of Salvador Minuchin. It is aimed to analyze the relationships between household members, using qualitative methodology, and descriptive nature. The families interviewed were problems in the negotiation and establishment of rules, spousal relationship conflicts affecting the subsystem of filial duty, poor communication, disavowal, little time spent among members, fuzzy boundaries, lack of clarity about the roles to be played by each , authority not shared between the parental subsystem, struggle to establish arrangements for the upbringing and lifestyle of children. When marital relations are not adequate, marriage is affected, causing estrangement and escalating disputes. Families was observed in an oversight role conjugal once they become parents, the responsibilities are greater, and the time spent to feed the couple's relationship is minimal, this problem persists from one cycle to another and no conflicts solved are turning into behavior patterns that impede the harmonious family.
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    Análisis de la constitucionalidad de la detención con fines investigativos en un Estado Constitucional de Derechos
    (2019-04-09) Fajardo Campoverde, Rodrigo Olmedo; Saquicela Rodas, Iván Patricio
    The present research work is aimed at studying the constitutionality of detention within a Constitutional State of Rights and Justice. The purpose is to determine if there is infringement of the fundamental rights recognized by the Constitution of the Republic of Ecuador of 2008 and in International Human rights instruments. For research purposes, the figure of detention is regulated by the legislation as a precaution measure, that is temporary and of personal nature, in which a person is deprived of freedom for twenty four hours on suspicious of having committed or taken part in an illegal act that is know by the official body to conduct the research process. The study was conducted using both qualitative and quantitative methods with emphasis on the qualitative one that employs the historical and sociological as well as the analytical-synthetic and deductive methods. Some Techniques include interviewing criminal judges and conducting surveys to legal professionals. The research findings show that there is infringement of fundamental rights entrenched in the Constitution of Ecuador 2008 and International Human Rights Instruments, besides the majority of the litigation attorneys and criminal judges of the Tribunals of the Republic of Ecuador who were surveyed believe in it.
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    Análisis de la dinámica familiar de los adolescentes internados en el "Hogar Crecer" del cantón Cuenca por el uso de sustancias psicoactivas, año 2015
    (2016) Mendoza Donoso, Isabel; León Márquez, Washington Evelio
    This research addresses the social problem of drug use by adolescents. The study was oriented in terms of achieving the following objective: To analyze the family dynamics of adolescents interned in the "Home Grow" the Canton Cuenca by the use of psychoactive substances, in 2015, to understand the relationships and links between members of families. The methodology was a descriptive cross-sectional study. The universe consisted of 30 hospitalized adolescents and their families. Employees were combined quantitative and qualitative research methods. The results obtained allowed the identification of different elements of the structure and functioning of these families that affect the substance use by adolescents. Among the most important problems are found in family cohesion, parent / child and spousal communication on family support adolescent and family difficulties in coping with the problems regarding limitations for seeking social support. It is carrying out a proposal for intervention to help these families to improve difficulties in their internal dynamics and prepare for the return of the teenager once you get out of the treatment process.
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    Análisis de la dinámica familiar y su influencia en el bajo rendimiento académico de los niños y niñas del segundo año de educación básica de la escuela Presidente Jaime Roldós. La Troncal 2015 – 2016
    (2017) Buñay Romero, Martha Adriana; Quito Calle, Jessica Vanessa
    This work is focused on the analysis of the family dynamics and its influence on the academic performance of the children in “Jaime Roldos” School located in La Troncal canton during the academic period 2015-2016. Based on the determination of the family dynamics, have proceeded to link with the analysis of behavioral and academic performance provided by teachers of the institution and studied based on interviews with students. The sample was of 20 families of children in the second year of basic general education who were deficient in specific academic aspects; specifically, two cases that required personalized attention in terms of academic performance because they did not reach Learning Required. These families were identified with their respective children to identify and analyze family dynamics and structures in order to determine how influence their academic performance. The instruments used to obtain the information were the systemic interviews, genograms and a questionnaire called How is your family? in order to look for the evaluation of the family; with all this data obtained the families were analyzed and proposal of prevention and training to the families was proposed, based on the evaluated criteria to improve the integral development of the children.
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    Análisis de la estructura familiar de los y las estudiantes de básica media y su influencia en la violencia escolar. Escuela Sor María de Santo Tomás Alvarado. Chordeleg 2014-2105
    (2016) Ochoa Cabrera, Jeenifer Magaly; Quito Calle, Jessica Vanessa
    This paper is based on an analysis of the family structure of the students of basic medium and its influence on school violence, detected in the Sor María de Santo Tomás Alvarado school, Chordeleg canton during the academic year 2014-2015. This analysis seeks to determine whether the family structure influences of the girls school violence in order to work with the educational community, in matters of prevention and intervention, favoring the development of values and social skills that will allow you to reduce negative attitudes and aggressive behavior in the students. This research was the qualitative-quantitative method. We performed a descriptive theoretical analysis about the family structure and school violence; After this a survey was conducted to one hundred students of basic education Middle who ranged from 9 to 12 years of age; to teachers of the institution and a questionnaire survey to the parents or legal guardians of students who were the study sample. Finally, a high index of school violence was reflected in the results obtained in the survey, it was evident that the family structure of students come from different family types, styles of parenting, lack of communication, domestic violence and neglect that makes children project in the school environment. To do so arises the need to design a training proposal on the management of school violence, aimed at the educational community.
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    Análisis de la legalidad del instructivo de sanciones y faltas pecuniarias aplicado por la administración tributaria central a los administrados
    (2017) Vega Serpa, Pablo Israel; Torres Rodas, Marlon Tiberio
    This present research analyzes validity of beginning of legality in the instructive for application of penalties, used for Central Tributary Administration for graduating the onerousness of penalties for contraventions and for obligatory fouls. For that is reviewed a doctrinal level, the main elements of administrative powers, centring in the penalizing and regulation authority that has Central Fiscal Administration. In the other side, it analyzes the Legal Regimen of Tributary Law, exposing the constitutional beginnings related with the topic among them the beginning of legality that decides creation, modification or expiration of tributes must realize by law. Finally, it will be analyzed the summary process followed by Tributary Administration for the imposition of penalties.
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    Análisis de la resolución dictada por la sala especializada de lo civil y mercantil de la corte nacional de justicia emitida el 07 de mayo del 2019 dentro del procedimiento por daño moral seguido por la Sra. M.B.B.G en contra de Banco de Guayaquil (01333-2018-00138)
    (Universidad de Cuenca, 2020-10-28) Loaiza Montero, Andrea Carolina; González Calle, Fernando Teodoro
    The present degree work makes a critical analysis around the issue of moral damage, same that appears from the ending of an employment relationship, between worker and employer, specifically, as a result of an unjustified layoff, that is to say, by the unilateral will of the employer to terminate the employment contract. The method used is the qualitative one, by discussing the legal analysis contained on the legal case No. 01333-2018-00138, referring to the civil action of moral damage put forward by Mrs. M.B.B.G. against BANCO GUAYAQUIL and which has as an antecedent an unjustified layoff due to discriminatory reasons. All this work is intended to establish the foundations used by the administrators of justice in their judicial decisions, both in the Trial Courts and on the Court of Cassation, against legal cases where there was previously an indemnity for loss of employment in the workplace due to discriminatory grounds, an additional compensation besides the unjustified layoff.
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    Análisis de la vigencia de los derechos de autor en internet en el Ecuador
    (2010) Alvarez Coronel, Lourdes Eulalia; González Argudo, Teodoro
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    Análisis desde el enfoque de género de las resoluciones de tenencia de las y los hijos, en la Sala de la Familia, Mujer, Niñez y Adolescencia de la Corte Provincial de Justicia del Azuay, en los años 2014-2018
    (Universidad de Cuenca, 2020-01-31) Pesántez Salcedo, Elena Carolina; Jadán Heredia, Diego Gonzalo
    This thesis of descriptive scope, of interpretive - qualitative paradigm, had as a general objective to analyze the legal and socio-cultural elements that support the decisions of female and male judges of the Family, Women, Children and Adolescents Chamber of the Court of Justice of Azuay, in the trials of custody of sons and daughters in the 2014-2018 period. To meet the objective, a sample consisting of seven sentences and five judges of the Family, Women, Childhood and Adolescence Chamber of the Court of Justice of Azuay was selected, the techniques used were document review (Judgments) and open interviews. The results of the investigation account for the legal, social and cultural components manifested in the resolutions on child custody, as well as the beliefs and perceptions of female and male judges on single-parent and shared child custody. The main conclusions reached are: The Family, Woman, Childhood and Adolescence Chamber of the Court of Justice of Azuay, in the years 2014-2018 has made use of national and international legislation, the Constitution of the Republic, the Code of Children and Adolescents, and the Convention on the Rights of Children on the principle of best interest of girls, boys and adolescents. The judgments show a gender approach with a legal basis, fragments of legislation that perpetuate the patriarchal system with inequalities and coincide with the legal arguments of recognized authors. The social and cultural factors that determine the decisions of judges in the resolutions on child custody come mostly from patriarchal social construction, such as gender roles, domestic violence, sexual division of labor, economic status of parents and others such as migration. The beliefs and perceptions of female and male judges about single parent child custody show limitations, risks, and resistance when analyzed with a gender approach; It is believed that shared child custody, an institution born of the agreement between parents, is a mostly favorable alternative to patriarchal child custody, although other limitations are evident.
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    Análisis explicativo del caso “Sharon”. ¿En verdad se cometió un femicidio?
    (2019) Yumbla Castro, Harry Patricio; Peña Aguirre, Juan Antonio
    The research work presented below contains a study about the criminal norms that regulate the misogynistic behavior of men against women, femicide. This article is typified in article 141 of the Integral Penal Organic Code, therefore, it is exposed in the study of its origins of how it was born, evolved and the different forms of treatment of this crime in Latin America. In addition, the study investigates whether in this criminal norm of Ecuador it is a question of ambiguous interpretations that affect unjust conditions. In this way, a case of femicide of social impact in the country is analyzed, in which the circumstances that further obscure the unjust criminal of femicide are observed; in such a way that the problems caused by this legal body will be seen. Finally, there will be an interview with a criminal court in Ecuador, to issue its formal criteria. Also, the investigative process proposed, the conclusions that satisfy this investigation can be issued.
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    Análisis jurídico del régimen impositivo simplificado (RISE)
    (2015) Durán Vanegas, Carlos Leonel; Rodas Beltrán, Wilson Manolo
    The Ecuadorian regime tax simplified (RISE) existing since 2008, was created as a response to the informal economy, as there was a high degree of non-compliance with tax obligations by small taxpayers, those who remained in the sector by the apparent benefits that this represented them, the lack of control by the State, which does not create appropriate strategies to combat it, or simply lack of knowledge of the way to comply with the introduction of the regime simplified legal gear, there was a restructingof the deal to small businesses, the internal tax system changes, since it was provided the fulfillment of their formal duties, getting the registration in the public registry of many of them; This paper analyses legally the RISE, showing that there are differences in the different stages that faced because of the social transition in the country, distinctions that are reflected in a greater depth at the moment and that is why the need of great changes in it, It is an alternative to cancel taxes; constitutionally it should vary to accommodate to its fundamental principles, because it has some problems, At the end, it proposed a change in its legal structure to achieve its constitutional harmony.
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    Análisis jurídico para la aplicabilidad del software libre en el sector público ecuatoriano
    (2010) Betancourt Betancourth, Pablo Enrique; Revelo, Héctor
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    Análisis sistémico estructural de las familias que presentan negligencia hacia las hijas y los hijos remitidos al servicio especializado de protección especial. Azogues 2015
    (2016) Tenezaca Villa, Mariana Jesús; Quito Calle, Jessica Vanessa
    The present research work denominated structural systemic analysis of the families that present / display negligence towards the daughters and the children sent to the specialized service of special protection. Azogues 2015, had as main objective to determine the structure of the families that present negligence towards the daughters and the children referred to the Specialized Special Protection Service from the structural model that is an option of analysis and frequently used by the family therapists. Human systems have a structure that determines their functioning, this operation in turn determines the structure considering the family as an open system, from this perspective the origin of psychological problems are in the family and their analysis and treatment will be performed At family level. The methodology is descriptive in the qualitative and quantitative approach, the techniques used were: family genogram, questionnaire as is your family and as is your family, the sample was taken according to the cases admitted to the Specialized Special Protection Service MIES- Azogues, from January to July of the year 2015 taking as sample 30 cases codified by the problem Negligence. As a result of the research, it was obtained that family interactions are a precursor in family neglect, revealing the consequences of neglecting children and children in problems identified as using psychotropic substances (alcohol consumption) with 10% Drug problems 7% abuse 63%, suicide 13% and sexual abuse 7% that is visible in tables 21