Facultad de Jurisprudencia y Ciencias Políticas y Sociales Tesis Maestrías

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La falta de lineamientos respecto de lo que debe contener la fundamentación del recurso de apelación vulnera la seguridad jurídica
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2026-04-23) Sanmartín Quito, Ruth Margarita; Mazón San Martín, Jorge Luis
This research analyzes the lack of clear regulation in Article 257 of Ecuador's General Code of Procedure (COGEP), specifically with regard to the requirements that must be included in the grounds for appeal. This omission has led to differing interpretations by judges, affecting legal certainty, the right to defense, and the effectiveness of second instance decisions. Using a deductive and theoretical methodological approach, relevant national and comparative legislation, case law, and doctrine were analyzed, with a special focus on the procedural systems of Peru and Colombia. These countries have stricter and more technical regulations, which require the presentation of specific grievances as a requirement for the appeal to be admitted. The paper proposes reforming the COGEP to establish clear parameters on what should be understood by grounds, limiting the assessment of the brief to the higher court. It concludes that this reform would strengthen the right to appeal as part of due process. Finally, it presents regulatory, procedural, and training recommendations that seek to improve Ecuadorian judicial practice and strengthen effective judicial protection in the civil sphere. The purpose of this research is to contribute to the construction of a procedural system that is more protective of rights and consistent with constitutional principles by recommending objective parameters for the grounds for appeal in the COGEP. Its contribution is part of the strengthening of legal certainty by reducing judicial discretion and allowing citizens and justice operators to act with greater predictability and confidence.
Ejecución de hipoteca en la legislación civil ecuatoriana frente a la prescripción de la obligación principal
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2026-04-20) Aguilar Saguay, Carmen Gabriela; Sacasari Aucapiña, Edgar Geovanny
Faced with a main obligation to give, prescribed, instrumented in a bill of exchange and guaranteed with a mortgage, we have questioned whether the creditor, considering that the mortgage constitutes a title of execution, can execute it, and above all, if said execution is appropriate. The answer is affirmative, how is a natural obligation executed, we will think, and it is that it proceeds, because the adjective norm does not allow the passive subject in execution to oppose the prescription, generating serious consequences in this particular case.
La Separación de Funciones como Sustento de la Imparcialidad e Independencia en el Procedimiento Administrativo Sancionador del Código Orgánico Administrativo
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2026-03-20) Luzuriaga Palacios, Marcos Josué; Méndez Álvarez, Álvaro Javier
The implementation of the Organic Administrative Code (COA -Spanish acronym) introduced a series of innovations to Ecuador's administrative legal system. In this context, the separation of functions was incorporated into the administrative sanctioning procedure (PAS -Spanish acronym) to guarantee the principles of impartiality and independence. Thus, this paper seeks to offer, first, an in-depth analysis of the structure of the separation of functions, its goals, and their relationship to due process, thereby portraying the ideal or aspiration pursued with these figures. This serves as a basis for the second part of this study, which addresses the most relevant issues in the configuration of the separation of functions and the guarantees of impartiality and independence. Finally, the entire work is complemented by a presentation and analysis of the perceptions of professionals specialized in administrative law regarding the implementation and effectiveness of these figures, as well as an examination of the operability of the separation of functions and its goals in the practical field of administrative disciplinary proceedings.
Análisis Situacional del Acogimiento Institucional y de Reinserción Familiar: desde los Organismos de Niñez y Adolescencia y de Derechos de los Cantones de Gualaceo, Chordeleg y Sigsig, año 2024
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2026-03-09) Quito Tenesaca, Fani Esperanza; Gutiérrez Molina, Blanca Esperanza
This research made it possible to understand the situation in which the protective measures of foster care and family reintegration, mandated by a competent authority, are implemented for children and adolescents at risk within their families in the cantons of Gualaceo, Chordeleg, and Sigsig—selected due to their geographic proximity and similar family dynamics. Institutional foster care as a child protection measure faces multiple operational challenges that compromise its effectiveness in these cantons. This qualitative research, with a phenomenological design, analyzed the perceptions of 16 officials from child and adolescent welfare organizations through focus groups and in-depth interviews conducted during the 2024–2025 period. The results highlight three critical core issues: a lack of institutional placements leading to territorial displacement, inter-institutional disarticulation that fragments interventions, and prolonged institutionalization that infringes on the right to family life. Professionals identify a structural paradox in the fulfillment of rights—while basic needs are met, fundamental rights are violated. Family reintegration shows recurrent patterns of failure, with high rates of re-institutionalization. The emerging inter-institutional strategy proposes a unified territorial model that includes a jointly operated group home, standardized protocols, and ongoing technical strengthening. The conclusions demonstrate that the current local comprehensive child protection system requires structural transformations toward models of shared management, community-based prevention, and effective coordination between protection agencies to ensure the full restoration of the rights of children and adolescents.
Percepciones del Entorno Respecto al Proceso de Adopción en la Unidad Técnica de Adopciones Zona 6 del Ministerio de Inclusión Económica y Social de 2023 a 2024, Ecuador
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2026-03-03) Sucuzhañay Paida, Luz Adelaida; Peña Aguirre, Juan Antonio
The present research, “Perceptions of the Environment Regarding the Adoption Process in the Technical Adoption Unit Zone 6” of the Social and Economic Inclusion Ministry from 2023 to 2024, Ecuador, analyzes adoption from the society and existing regulations, considering the legal and administrative procedures of adoption. The general objective proposed was to explore the perceptions of the environment about the adoption of children and teenagers in the Technical Adoption Unit of Zone 6 of the Economic and Social Inclusion Ministry from 2023 to 2024, Ecuador. The research was developed using a qualitative approach, with a phenomenological design and explanatory scope. Two techniques were used: documentary analysis and in-depth interviews. For the analysis, adoption, candidate, processes from 2023 and 2024 were reviewed at the Technical Adoption Unit of Zone 6. In addition to the critical reading and interpretation that supports phase of the Adoption Management Manual, nationally in force in Ecuador, which regulates the adoption processes in their administrative scope and the legal foundations governing the different stages and subprocesses. The in- depth interviews applied to the different social actors involved in adoption processes allowed for identifying social perceptions, and critical bottlenecks, regarding adoption processes, evidencing stigmas that limit the fulfillment of the rights of children and teenagers waiting to be adopted.
Factores de riesgo sociales y su relación con las medidas de protección en los casos de violencia de género contra las mujeres: un estudio de la Junta Cantonal de Protección de Derechos de Biblián en el período 2022-2023
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2026-03-04) González González, Erika Eulalia; Iñiguez Ibarra, Ana Lucía
The research project aimed to analyze social risk factors and their relationship with protection measures in cases of gender-based violence against women handled by the Cantonal Board for the Protection of Rights of Biblian during the 2022–2023 period. The study employed a mixed methods approach with a descriptive scope and a non-experimental cross-sectional design; regarding the qualitative methodology, a phenomenological design was used. Concerning the quantitative methodology, a data collection instrument was applied to characterize the sociodemographic and legal profile of women experiencing gender-based violence. Subsequently, unstructured interviews were conducted to gather the perceptions of professionals responsible for issuing protection measures, as well as those who provide care and follow-up regarding the implementation of these measures. The results showed that complaints are predominantly filed by adult women from rural areas with a high school level of education. The most prevalent context of violence is intrafamilial, with the coexistence of multiple types of violence, among which physical and psychological violence show the highest incidence. The relationship with the aggressor is mainly marital or cohabiting. Additionally, a relationship was identified between compliance with protection measures and factors such as marital status, housing conditions, number of minor children, support networks, the victim’s acceptance of the measures, and the person who files the complaint.
Análisis de la Relación entre Funcionamiento Familiar, la Agresividad y la Transgresión a la Ley en los Pacientes que son Dependientes de Alcohol y Drogas, Atendidos en el Centro Especializado en el Tratamiento a Personas con Consumo Problemático de Alcohol y Otras Drogas Freedom en la ciudad de Cuenca, Ecuador, 2024
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2026-03-03) Fernández Chimbo, Ligia Inés; Arias Pallaroso, Francisco Alexander
The purpose of this study was to analyze, from a Forensic Social Work perspective, the relationship between family functioning, aggression, and law transgression in patients dependent on alcohol and drugs treated at the Freedom Specialized Center for the Treatment of People with Problematic Alcohol and Drug Consumption in Cuenca, Ecuador, during 2024. This research contributes to Forensic Social Work by understanding socio-familial factors that influence criminal behaviors associated with substance abuse, critical information for forensic assessment processes, design of socio-educational measures, and social reintegration plans. A quantitative approach with a non-experimental, cross-sectional, and correlational design was employed. Data were collected through three standardized instruments: the Family Functioning Questionnaire (FF-SIL), the Buss and Perry Aggression Questionnaire, and the Law Transgression Questionnaire adapted to the Ecuadorian context. Results showed that 37.5% of participants came from dysfunctional families characterized by low cohesion and deficient communication. Thirty-five percent exhibited high levels of aggressiveness, primarily verbal and physical. A significant negative correlation was identified between family functioning and aggressiveness. Although no direct statistical relationship was found with law transgression, 40.5% of participants had prior legal sanctions and 47.5% reported employment difficulties due to criminal records. From a Forensic Social Work perspective, it is concluded that family dysfunction constitutes an indirect criminogenic factor that potentiates aggressiveness in individuals with problematic consumption, which should be considered in expert evaluations, socio-legal reports, and design of restorative interventions that strengthen family bonds as a strategy to reduce risk of criminal recidivism.
Percepciones sobre la no denuncia de la violencia de género contra la mujer: un análisis crítico de los factores sociodemográficos, culturales y jurídicos en la parroquia General Morales del cantón Cañar, en Ecuador, año 2024
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2026-01-12) Morocho Vásquez, Josefina; Mendieta Orellana, Mónica Elizabeth
This research critically analyzed the sociodemographic, cultural, and legal factors that condition the non-reporting of gender-based violence against women in the General Morales parish of the Cañar canton, Ecuador, during 2024. It focused on the perceptions of justice operators from the Cantonal Council and Cantonal Board for the Protection of Rights using a qualitative approach with a phenomenological design and exploratory-descriptive scope. Intentional non probabilistic sampling was used, applying in-depth interviews and focus groups with justice operators to investigate knowledge, experiences, and perceptions about contextual factors that foster the omission of reports. Reflective thematic analysis identified three phenomenological essences: "existential geographies of exclusion" (sociodemographic factors such as economic dependence, linguistic exclusion, and territorial isolation), "cosmologies of subordination" (cultural factors including normalization of violence, gender stereotypes, and social pressure), and "institutionalized unprotection" (legal factors such as normative gaps, procedural revictimization, and institutional lack of coordination). The findings showed that non-reporting constitutes a systemic, multi-level phenomenon that goes beyond individual decisions, configured at the complex intersection of patriarchal structures, institutional dynamics, and specific territorial experiences. The research contributes to forensic social work by providing situated phenomenological understandings that enable the design of contextualized interventions for rural and Indigenous territories, strengthening public policies with a gender and intercultural focus.
LA DOBLE INSTANCIA EN EL COBRO DE HONORARIOS DE ABOGADOS: ANÁLISIS DE SU INAPLICACIÓN Y CONSECUENCIAS JURÍDICAS EN EL SISTEMA PROCESAL ECUATORIANO
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2026-01-23) Paguay Pintado, Paula Lizeth; Valverde Orellana, Pablo Fernando
The 2008 Constitution of the Republic of Ecuador guarantees the effective enforcement and real application of human rights, such as the right to due process, effective legal protection, and legal certainty. These rights are closely related to our research topic, "the right to a second instance" (appeal), which is regulated in Article 76, paragraph 7, letter m: "(...) to appeal the ruling or decision in all proceedings in which their rights are decided." In this research project, we will analyze the right to a second instance, focusing on the collection of attorneys’ fees and its impact within the sphere of access to justice.The right to a second instance is a human right recognized in international treaties ratified by Ecuador. However, this right has been disregarded in Article 333 of the COGEP. For this reason, we consider it important to carry out a historical and normative study, along with a comparative analysis between the Code of Civil Procedure and the General Organic Code of Procedures, in relation to the second instance, its regulation, legal scope, and the progress made by procedural law. We will also examine the position of the Constitutional Court regarding the second instance in lawsuits aimed at collecting professional fees, emphasizing the analysis of ruling No. 784-17-EP/23, in which the Court states that the denial of an appeal in lawsuits over professional fees does not violate constitutional rights and affirms that it is up to the Legislature to determine whether an appeal is admissible or not.
Perfil Sociodemográfico de las Víctimas y Agresores, Tipos de Violencia Basada en Género y Percepciones de la Comisión Especial de Atención y Revisión de Casos de Acoso, Discriminación y Violencia Basada en Género, la Identidad de Género y Orientación Sexual de la Universidad de Cuenca, Periodo 2023-2024
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2026-01-19) Cedillo Paute, Irene Isabel; Palacios Moreno, Diego Mauricio
Gender-based violence constitutes a historical and persistent problem that severely undermines women’s freedom, dignity, and safety. The objective of this study was to describe the sociodemographic profile of victims and aggressors, the types of violence, and the perceptions of the Special Commission for the Attention and Review of Cases of Harassment, Discrimination, and Gender-Based Violence, Gender Identity, and Sexual Orientation at the University of Cuenca, during the period 2023-2024. A mixed-methods approach was employed. On the quantitative side, with a descriptive and cross-sectional scope, 53 case files involving 122 individuals were analyzed. Data were processed using SPSS v.28 and presented in tables and figures. On the qualitative side, with a phenomenological design, interviews were conducted with six members of the Commission, focusing on categories related to sociodemographic profiles, risk factors, and structural conditions. The findings revealed similarities between victims and aggressors in variables such as marital status, ethnicity, province of origin, and academic status, with differences observed in sex and gender. Psychological violence predominated among the cases analyzed. The main victims were young women between 18 and 25 years of age, often non-local students with limited support networks, who reported low self-esteem, fear, guilt, and social isolation. Aggressors did not conform to a single profile but reproduced power dynamics rooted in machismo and patriarchal structures. Within the university context, vulnerability factors emerged from a complex interplay of cultural, institutional, and personal elements. The primary measures implemented included the removal of aggressors, changes of class group, legal referrals, psychosocial support, and the activation of early-warning mechanisms.
Trabajo Social Forense: Factores socio demográficos y estrategias empleadas en procesos litigiosos de casos atendidos por la Unidad Judicial de Familia, Mujer, Niñez y Adolescencia del cantón Cuenca Ecuador, año 2024
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2026-01-12) Velasquez Morocho, Nancy Carolina; Bueno Loja, Blanca Yolanda
Incidencia de la Dinámica Familiar, los Factores Socioeconómicos y Culturales en el Trabajo Infantil: Un Análisis desde los Derechos de las Niñas, Niños y Adolescentes del Proyecto de Erradicación del Trabajo Infantil de la Unidad Gualaceo-Azuay, en el año 2024
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2025-12-11) Sagbay Beletanga, Mery Janeth; Mendieta Orellana, Mónica Elisabeth
The purpose of this study is to analyze family dynamics, as well as the socioeconomic and cultural factors that influence child labor, within the context of children's and adolescents' rights. The research focuses on families benefiting from the Gualaceo-Azuay Unit' s Child Labor Eradication Project in 2024. A mixed-methods approach was used: the quantitative, non-experimental, and cross-sectional component was conducted through surveys of 58 families; while the qualitative component, phenomenological in nature, included two focus groups with selected participants. The results show that child labor is a multi-causal and systemic phenomenon, arising from the interaction between dysfunctional family dynamics, precarious economic conditions, and deeply rooted cultural patterns. Furthermore, a gap is evident between the formal legal framework and reality, where child labor arises as a response to the need for family survival. The family characterization indicates that 84.4% present some degree of dysfunctionality, 81% have a mother as the head of the household, and 67.2% present a functional reorganization that assigns compensatory roles to children and adolescents. Regarding socioeconomic and cultural factors, structural poverty, informal employment, and exclusion in education and healthcare are identified. Finally, an analysis from the perspective of forensic social work reveals the gap between regulations and systemic family reality, highlighting the urgency of comprehensive interventions for the effective eradication of child labor.
Factores sociodemográficos, familiares y legales que inciden en la reinserción familiar de niños, niñas y adolescentes del Hogar de Jesucristo, Azogues, Ecuador (2024)
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2025-12-09) Calle Heredia, Brian Oswaldo; Sánchez Loja, Wilson Fernando
The study aimed to analyze the sociodemographic, family, and legal factors that influence the family reintegration of institutionalized children and adolescents at the Hogar de Jesucristo in Azogues, Ecuador, during 2024. From the perspective of Forensic Social Work, the research examined the structural, family, and institutional conditions that determine the viability of rights restoration and family reunification processes. The methodology employed a mixed and explanatory approach with a non-experimental, cross-sectional design. In the quantitative phase, a documentary review of 17 case files was carried out to characterize sociodemographic, family, and legal factors; whereas in the qualitative phase, a focus group was conducted with six professionals from the technical team to identify critical problem areas in family support. The results showed that the majority of children and adolescents come from contexts marked by poverty (64.7% with incomes equal to or below $470), belong to single- parent households (76.5%), and 100% have experienced rights violations within the family environment. Factors such as economic hardship, parental job instability, loss of parental authority, and precarious housing conditions limited the possibilities for reintegration. At the legal level, lengthy and bureaucratic procedures, lack of resources, limited training, and weak institutional coordination were identified. The study concludes that family reintegration is determined by a complex interaction of sociodemographic, family, and legal factors, in which structural dimensions (poverty, unemployment, inadequate housing) shape the likelihood of successful reintegration to a greater extent than individual characteristics of the children and adolescents. The study contributes empirical evidence from Forensic Social Work to improve rights restoration programs, strengthen interinstitutional coordination, and reduce the prolonged institutionalization of children and adolescents in Ecuador.
Salud y seguridad ocupacional: El efecto de la sobrecarga laboral y la relación con los derechos laborales del personal del Centro de Salud Tipo C, Materno Infantil IESS, Cuenca, año 2024
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2025-11-21) Lojano Mejía, Manuel Aurelio; Álvarez Coronel, Lourdes Eulalia
This study analyzes the relationship between work overload and its impact on the work and family environments of workers at the Type C Maternal and Child Health Center (IESS) in Cuenca. This study aims to propose preventive and intervention measures to improve their quality of life. To this end, three specific objectives are addressed: to scientifically review the effects of work overload, evaluate its impact on staff quality of life, and design a proposal for labor policies aimed at protecting mental health. The methodology employed is a quantitative, non-experimental, and cross-sectional approach that allowed for data collection at a specific time point without manipulation of variables, ensuring an objective view of the phenomenon. The study adopted a relational approach that allows for exploring interactions between variables in the work and family environments. The main results show a correlation between work overload and a deterioration in quality of life, manifested in high levels of stress, affecting family relationships, and a decrease in general well-being. In conclusion, the research confirms that work overload negatively impacts various aspects of workers' lives, highlighting the urgent need to implement workplace policies that prioritize work-life balance and promote healthy and sustainable work environments.
Las limitaciones a la libertad de testar en el sistema jurídico ecuatoriano: Un análisis de las legítimas y otras restricciones legales
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2025-10-01) Sigüenza Bonete, Aida Melania; Zamora Vázquez, Ana Fabiola
This research examined the limitations on testamentary freedom within the Ecuadorian legal system, with the aim of analyzing their impact on the testator’s autonomy in light of the current regulatory framework, constitutional principles, and comparative law. The study began with the recognition, although the Constitution of Ecuador guarantees fundamental rights such as the free development of personality (Article 66, paragraph 5) and the right to property (Article 321), in practice these rights are curtailed by the system of compulsory allocations established in the Civil Code. It was found that the Ecuadorian succession regime obliges the testator to reserve portions of their estate for forced heirs—such as the legitime (reserved portion), the spousal share, and the fourth for improvements thus limiting their freedom of disposition. This model has proven to be more rigid in comparison to countries like Colombia or Spain, where the freely disposable portion of the estate is greater. Methodologically, the research was structured under a qualitative, descriptive, and comparative approach, employing techniques such as normative analysis, literature review, and doctrinal comparison across various legal systems. The analysis revealed that the Ecuadorian model, by imposing automatic restrictions regardless of emotional bonds or the actual will of the deceased, perpetuates outdated succession structures poorly adapted to the diversity of contemporary family configurations. It was concluded that a critical review of the current system was pertinent, suggesting legal reforms to increase the percentage of freely disposable assets, incorporate socio-affective criteria, and consider alternatives within succession law.
Derecho al silencio en materias no penales en el Ecuador: una polémica posición
(Universidad de Cuenca, 2025-09-19) Sacasari Haro, Anabel Carolina; Calderón Marenco, Eduardo Andrés
This research examined the right to silence in non-criminal proceedings in Ecuador from a constitutional and civil procedural perspective. Traditionally linked to criminal law, the right to silence was analyzed in civil, labor, and administrative contexts where its application has been ambiguous or nonexistent. The study began by recognizing the constitutional status of this right and revealed that its normative development outside criminal proceedings is limited, resulting in legal gaps and inconsistencies in judicial application. The problem was framed around the lack of specific regulation in the Código Orgánico General de Procesos (COGEP), which has hindered its effective invocation in civil hearings and led to legal uncertainty and subjective evidentiary assessments by judges. The research was conducted using a qualitative approach, employing dogmatic-legal, inductive, comparative, and critical methods. Content analysis was applied to legal doctrine, national and international regulations, case law, and real cases from the city of Cuenca. The study concluded that the right to silence must be explicitly recognized and regulated in the COGEP to ensure its enforceability in non-criminal proceedings. A legal reform and training for judicial actors were recommended to align judicial practices with international human rights standards.
Voluntad anticipada en Ecuador. Regulación jurídica desde un enfoque de la autonomía y la capacidad
(Universidad de Cuenca, 2025-07-22) Loja Sarmiento, Juliana Isabel; Idrovo Torres, Diego Francisco
This research paper presents a legal analysis of advances directives in Ecuador, understood as the procedure through which an individual, while fully competent, expresses in advances their preferences regarding medical treatments they wish to accept or refuse in the event of losing decision – making capacity. Based on a theoretical framework that incorporates the principles of autonomy, legal capacity, and human dignity, the study explores the feasibility of recognizing this mechanism within Ecuadorian law, despite the absence specific regulation. The analysis includes a comparative examination of the legal frameworks of Spain and Colombia, whose advancements in legislation and jurisprudence offer valuable models for developing coherent regulation at the national level. The study concludes that compliance with previously expressed directives constitutes a tangible expression of informed consent, the right to the free development of personality, and the right to die with dignity, all of which are constitutional principles currently recognized in Ecuador. Finally, the research proposes normative and technical guidelines for integrating this figure into the Ecuadorian legal system, ensuring legal certainty, the protection of fundamental rights, and consistency with Civil Law.
Momento procesal oportuno para la intervención de terceristas en la etapa de ejecución, seguridad jurídica y derecho a la defensa
(Universidad de Cuenca, 2025-07-24) Avila Campoverde, Olga Patricia; Idrovo Torres, Diego Francisco
The thesis analyzes the ambiguity present in the last two paragraphs of Article 48 of the Código Orgánico General de Procesos (COGEP), which regulates the appropriate procedural moment for filing third-party interventions during the enforcement stage. The lack of precision in this provision has led to divergent judicial interpretations, affecting legal certainty and the constitutional right to defense for both parties and third parties. The objective is to propose a reform that clearly defines the deadlines and conditions for admitting third-party claims, distinguishing between exclusionary claims, aimed at protecting property rights, and supporting claims, which seek to participate in the distribution of auction proceeds. A qualitative methodology is employed, with a descriptive and critical approach, based on doctrinal, legal, jurisprudential, comparative analysis and the study of a specific case. The research demonstrates how an exclusionary third-party claim was admitted by one judge and later annulled by another, highlighting the negative effects of legal ambiguity: contradictory rulings, procedural delays, and violations of rights. Furthermore, through a comparative analysis of the legal systems of Peru and Paraguay, it is shown that these jurisdictions clearly define the timeframes for each type of third party claim, thereby reducing judicial discretion and reinforcing the need for legal differentiation. The study concludes with a proposed reform to Article 48 of the COGEP, allowing, in exceptional cases, the admission of exclusionary third-party claims up until the adjudication order becomes final, thereby ensuring greater consistency, legal certainty, and respect for the right to defense.
La desconcentración administrativa: movilidad humana en la zonal 6 del 2007 al 2021
(Universidad de Cuenca, 2025-04-30) Alvarez Rivera, Tania; Ochoa Rodríguez, Guillermo Alejandro
This thesis project describes the process of administrative decentralization of the zonal office 6 of the governing body of human mobility, within the framework of the organizational transformation of the executive branch in Ecuador. The study focuses on analyzing how decentralization contributes to ensuring the fundamental right to good public administration and the fulfillment of its social purpose. This project explores some doctrinal positions put forth by scholars in the field of administrative law, reviews the regulations governing the matter in the country, and examines related international instruments. Additionally, it analyzes the services provided at the territorial level by zonal office 6. Administrative decentralization, as an organizational mechanism that transfers competencies from the central level to lower levels with hierarchical supervision, is valued for its ability to bring administration closer to the territory, improve institutional efficiency, and allow greater involvement of local leaders in public management. In this context, this analysis covers years 2007 to 2021, from the creation of the institution to the issuance of the latest applicable organizational management statute. This work identifies the strengths and weaknesses of the administrative decentralization process. It proposes elements to strengthen the realization of the right to good public administration and the fulfillment of its social purpose in human mobility.
El ejercicio de la potestad de regulación y control del estado en materia de turismo
(Universidad de Cuenca, 2025-02-24) Jaramillo Macancela, Sonia Patricia; Morales Andrade, Marco Antonio
The exercise of the State's regulatory and control powers in the area of tourism is a topic of great relevance for the Municipal Decentralized Autonomous Government of Cuenca. This research will examine the regulatory and control powers exercised by the State in the area of tourism and its implications for the local government of Cuenca and focuses on the distribution of powers among the different levels of government. The thesis analyzes the current legal framework and public policies related to tourism at both the national and local levels, delving into the responsibilities and functions of the GAD of Cuenca in the promotion, regulation and control of tourism activities within its jurisdiction. The study evaluates the coordination and collaboration mechanisms between the different levels of government in the context of tourism, identifying challenges and opportunities to improve the effectiveness and efficiency of tourism management in Cuenca, providing an understanding of the exercise of the State's regulatory and control powers in the area of tourism. The findings contribute to the identification of actions and strategies to strengthen local tourism management, promoting sustainable and equitable development for the community.

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