Derecho-Tesis de Pregrado

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Participación ciudadana en la distribución del gasto público local, dentro de los Gobiernos Autónomos Descentralizados Parroquiales
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2025-10-10) Sevillano Chila, Martha Glendys; Torres Rodas, David Fernando
Citizen Participation in the Distribution of Local Public Spending within Parish Decentralized Autonomous Governments. Citizen participation in the distribution of local public spending within parish decentralized autonomous governments is a key aspect in ensuring transparency, efficiency, and equity in the use of public resources, such as health, education, security, paving, among others. Parish governments, as autonomous entities at the local level, are responsible for managing resources to support the development of their communities. The involvement of citizens in this process seeks to give voice to the needs and priorities of the population, ensuring that decisions regarding resource allocation reflect the real needs of the territory. In this context, mechanisms of citizen participation—such as assemblies, participatory budgeting, and popular consultations—allow residents of the parishes to directly influence decision-making on public spending. This not only improves accountability, but also strengthens citizens' trust in their local authorities. Moreover, active participation contributes to greater social cohesion and the building of a shared sense of belonging and responsibility. By engaging in the planning and allocation process, citizens can identify projects that promote the common good and the sustainable development of their communities. However, it is essential that these processes are inclusive, accessible, and effective, in order to prevent the exclusion of vulnerable or minority sectors and to ensure that the distribution of public spending is truly equitable and fair.
El derecho de alimentos a mujer embarazada desde la concepción y la seguridad jurídica: Análisis de la Sentencia 325-23-EP/23 emitida por la Corte Constitucional del Ecuador
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2025-10-08) Suquilanda Pérez, Jeniffer Lisbeth; Cárdenas Yánez, Nancy Susana
Judgment 325-23-EP of the Constitutional Court of Ecuador determines that until before its issuance, the right to alimony of pregnant women had been violated due to the interpretation given by the judges of Family, Women, Children and Adolescents by confusing that its exercise was regulated by the same rules as the right to alimony of children and adolescents, since the determination of the alimony was established from the presentation of the claim and not from the moment of conception, as established by Art. 148 of the Code of Children and Adolescents, violating the right to legal security in the multiple decisions in which it was not applied. In this sense, this work starts from the doctrinal and normative analysis of the right to food and the right to food for pregnant women, in comparison with the legislation of El Salvador, as well as the respective analysis of the case, and the reasons why through Extraordinary Action of Protection it is elevated before the High Constitutional Court, to finally, observe the substantial contributions after its issuance and make the respective criticisms in order to guarantee comprehensive protection of the right to food for pregnant women, as intended by the Code of Children and Adolescents in accordance with the Constitution of the Republic of Ecuador and the different international instruments ratified by our country.
La deformación del contenido de la prueba documental a través de los medios electrónicos en los procesos que regula el COGEP
(Universidad de Cuenca. Facultad de Jurisprudencia y Ciencias Políticas y Sociales, 2025-10-02) Espadero Bermeo, Evelyn Dayana; Torres Rodas, David Fernando
This research work develops the analysis of the possible deformations of the content of the documentary evidence through electronic means within the judicial processes regulated in the General Organic Code of Processes (COGEP) and in the Law of Electronic Commerce, Signatures, Data Messages (LCE). The rise of the digital era in our society and in the administration of justice has allowed the adaptation of technology in the procedural field, integrating and recognizing the validity of electronic documentary evidence, however, its evolution and insertion in the procedural field has required certain caution as it is information through digital media that in its nature is likely to be altered and manipulated. This is why, in the study that focuses the research is to identify both the electronic media recognized in the current regulations as data messages, audio and video recording, electronic signatures, electronic document, digital files and computer expertise and procedural regulation focusing its admissibility, validity and valuation. Finally, based on the study of both laws and constructive observations, mechanisms are proposed to guarantee reliability in the electronic documentary evidence, generating proposals such as normative reforms, education and training of judges and justice assistants, as well as the implementation of technological tools in the judicial processes to guarantee the protection of principles and fundamental rights.
Los derechos de la naturaleza del río Gala: un caso de contaminación minera en la parroquia Shumiral del cantón Camilo Ponce Enríquez
(Universidad de Cuenca, 2025-09-28) Feijóo Armijos, Leslie Dayana; Parra Suárez, Diego Andrés
In Shumiral, county of Camilo Ponce Enriquez canton, the environmental pollution has recently developed into a daily threat for its population. Nowadays, its rivers (formerly a source of natural resources) are seriously contaminated, which poses a risk to one of the most essential rights of the Shumiral neighbors: the access to safe water. The contamination of the Gala river is especially alarming because it is the last remaining source of safe water for the inhabitants of its riverside; despite the fact that many regulations and jurisprudence recognize the river rights as part of nature. This dissertation looks forward to providing a deep comprehension of the current status of Gala river in terms of the causes and omissions leading to its serious pollution. Moreover, this work aims to propose alternatives that allow us to protect both the environment and communities depending on the Gala river for their daily lives.
Reparación integral para hijos de víctimas de feminicidio en Ecuador: legislación vigente y evaluación del proyecto Fondo Violeta (2024-2025)
(Universidad de Cuenca, 2025-09-24) Galarza Poveda, María Doménica; Parra Suárez, Diego Andrés
This research presents a critical analysis of the legal framework governing the integral reparation of sons and daughters of femicide victims in Ecuador, with a particular focus on the Fondo Violeta, a local public policy implemented in the city of Cuenca. Using a qualitative methodology with a socio-legal perspective, the study examines the gap between normative discourse and institutional practice, revealing tensions between the promise of rights and their material realization. The methodological approach combined legal and documentary review, interviews with key stakeholders, and case analysis, incorporating cross-cutting themes of human rights, gender, and intersectionality. The findings demonstrate that, although Ecuadorian law formally enshrines the right to integral reparation, its implementation faces serious structural, budgetary, and symbolic limitations that hinder a truly transformative state response. The study concludes that it is essential to strengthen institutional coordination, expand territorial reach, and ensure the active participation of indirect victims, proposing legal and policy reforms aimed at achieving a model of reparation grounded in justice, memory, and dignity.
Ejercicio de la potestad tributaria por parte de los Gobiernos Municipales. Análisis por parte de la Corte Constitucional Caso No. 15-14-IN/20 y acumulados
(Universidad de Cuenca, 2025-09-25) Serpa Crespo, Paola Micaela; Torres Rodas, Tiberio Marlon
The purpose of this research is to analyze the exercise of taxation powers by municipal governments — the authority held by the State, through its sovereign power, to enforce tax obligations for the operation of the state apparatus. This competence, grounded in the principle of sovereignty, reflects the financial autonomy inherent to the State. Within the framework of decentralization, the role played by Decentralized Autonomous Governments (GADs) and their constitutional limits, as established by the Constitution of the Republic of Ecuador, is highlighted. Using a dogmatic-legal methodology with a qualitative approach, this study examines the normative, jurisprudential, and doctrinal foundations of the delegated taxation authority vested in municipal governments. Through the case study of ruling No. 15-14-IN/20 issued by the Constitutional Court of Ecuador, this research distinguishes between different types of taxes and assesses the legality of a municipal ordinance that imposes fees for the implementation of security infrastructure and video surveillance equipment, recognizing the competence of GADs within the constitutional and legal framework. However, gaps are identified in the mechanisms for controlling proportionality and taxpayers’ contributive capacity in determining these fees. Finally, recommendations are made to strengthen the practical application of tax principles, encourage citizen participation, and improve oversight in the management of municipal taxes.
La vulneración del principio de inmediación de la prueba en segunda instancia según el COGEP en el contexto Ecuatoriano
(Universidad de Cuenca, 2025-09-24) Aray Luna, Erick Leonardy; Cabrera Prado, Juan Carlos
This research examines the noncompliance with the principle of immediacy in second-instance ordinary proceedings, in accordance with Ecuador's General Organic Code of Procedure (COGEP). It proposes that appellate judges, by evaluating evidence that was not included in their preparation or ordered to be played at the hearing, jeopardize due process and the right to defense. The research addresses the normative, doctrinal, and jurisprudential contexts of the principle of immediacy and the right to double conformity, indicating a lack of balance between the two. Furthermore, judicial proceedings that violate the principle of immediacy are detected. As solutions, actions such as the mandatory establishment of audiovisual recordings, specialized training for judges, and modification of the COGEP regulations are suggested. The methodology is qualitative, grounded in theory, and employs dogmatic and hermeneutical approaches. The study determines that the lack of clear guidelines has facilitated judicial resolutions that deviate from procedural guarantees, so a reform is needed to ensure effective judicial protection.
Implementación del Modelo de Flat Tax. Una alternativa tributaria en Ecuador
(Universidad de Cuenca, 2025-09-22) Chazi Inga, Nataly del Rocío; Torres Rodas, Marlon Tiberio
In Ecuador, the current tax system exhibits high levels of evasion and profound inequity, highlighting the urgent need for structural reform. The flat tax model characterized by a single proportional rate and an exemption threshold, emerges as an alternative to simplify regulations and unify fiscal obligations, countering the existing fragmentation caused by special regimes and exemptions. While this proposal promises a more transparent, efficient, and fair system, its viability depends on its implementation alongside deep and sustainable institutional reforms. Its effectiveness hinges on alignment with an integrated constitutional framework, ensuring transparency in its adoption and the active communication of fiscal objectives and impacts to prevent retroactive effects or breaches in legal expectations. Moreover, its design must guarantee protection of the minimum vital income, preserve a reasonable degree of progressivity through compensatory mechanisms, and respect key principles such as legality, equity, simplicity, revenue sufficiency, and legal certainty. Only with clear, inclusive, and participatory regulations, grounded in a robust institutional foundation, can the flat tax successfully modernize Ecuador’s tax system without compromising the state’s capacity to finance its social functions or violating the core principles enshrined in the Constitution. Otherwise, the model could prove socially unjust and incompatible with the existing legal framework.
Desmaterialización de los títulos valores: Un análisis de los principios clásicos frente a la innovación digital en el Derecho ecuatoriano
(Universidad de Cuenca, 2025-09-15) Gaón López, Britany Lizbeth; Piedra Andrade, Juan Cristóbal
This paper analyzes how dematerialization affects the application of traditional principles of securities in the Ecuadorian legal framework. Through a doctrinal and normative study, it examines the transformation of principles such as incorporation, necessity, legitimacy, autonomy, literality, and circulation in the face of the transition from physical to electronic media. The hypothesis holds that these principles do not disappear, but rather are reconfigured in their manifestation. It takes as its basis contemporary doctrine, which considers the security as a negotiable right independent of paper, and contrasts it with the current legal system, particularly the Organic Monetary and Financial Code. While there has been regulatory progress, gaps persist that hinder their understanding and practical application. It concludes that regulatory harmonization is necessary to expressly recognize functional equivalence, allowing for a better understanding of dematerialized securities.
Análisis de los criterios desarrollados en la sentencia No. 28-15-IN/21 que declara la inconstitucionalidad de los numerales 2 y 4 del art. 106 del CONA y su aplicación en los casos de fijación de la tenencia de niños, niñas y adolescentes por parte de los jueces del cantón Cuenca
(Universidad de Cuenca, 2025-09-20) Chalco Miranda, Andrea Patricia; Coello Guerrero, María Elena
This research addressed the legal issue arising from the application of the jurisprudential criteria established by the Constitutional Court in ruling No. 28-15 IN/21, which declared the unconstitutionality of items 2 and 4 of Article 106 of the Organic Code of Childhood and Adolescence. The general objective was to legally and constitutionally analyze how these criteria are being applied in custody cases involving children and adolescents in the canton of Cuenca, with emphasis on the guarantee of the principle of equality, the best interests of the child, and parental co-responsibility. To achieve this goal, a qualitative approach was used, with an exploratory and explanatory level of research, supported by the hermeneutic-legal method. The research design was descriptive and analytical, allowing for a detailed review of relevant documentary sources, such as the constitutional ruling and applicable regulations. A comparison was also made with Spanish legislation to contrast models and criteria applicable to custody decisions. Among the most relevant findings, it was observed that judges in the canton of Cuenca do not uniformly apply the criteria established in the ruling, with some decisions still influenced by gender stereotypes and a lack of sufficient legal reasoning. Although some progress has been recorded in certain rulings regarding the assessment of the best interests of the child and parental co-responsibility, the practical implementation of constitutional jurisprudence remains limited. It was concluded that judicial training must be strengthened and clear guidelines developed to ensure the effective application of the principles established by the Constitutional Court.
El abuso de las garantías jurisdiccionales como consecuencia de la desnaturalización de la acción de protección en temas políticos en el Ecuador
(Universidad de Cuenca, 2025-09-10) Guamán Lazo, Sayak Dalila; Idrovo Torres, Diego Francisco
This research paper analyzes the improper use of the action for protection in the Ecuadorian political sphere. Although this constitutional mechanism was conceived to guarantee the integral reparation of violated fundamental rights, in practice it has been used for political and personal purposes by certain governmental actors and persons with extra-institutional influence, diverting it from its original purpose and resulting in its denaturalization. Consequently, the main objective of this research is to determine the causes that affect the process of denaturalization within the political field, since this legal phenomenon threatens the right to legal certainty, a fundamental pillar for the functioning of an effective, equitable and transparent justice system. The research project has an exploratory-descriptive level, since through bibliographic and hermeneutic methods it will be possible to establish how the denaturalization of the action of protection develops in the political field, the indicators that allow us to differentiate it from the inadmissibility and its main causes. The techniques used to establish these aspects will be: the exploration of bibliographic-legal sources, and the analysis of the sentences related to the action under study, all this content will be applied from qualitative research.
Los problemas de la imputación penal al responsable de la violencia digital
(Universidad de Cuenca, 2025-09-17) Vásquez Oleas, Emily Estefania; Palacios Moreno, Diego Mauricio
Digital violence is one of the most recent and complex forms of gender-based violence, characterized by the non-consensual dissemination of intimate content, online harassment, and the use of technology to attack, monitor, or extort women. In Ecuador, despitecertainlegislative advances, significant obstacles remain in achieving effective criminal prosecutionof digital aggressors due to legal gaps, difficulties in obtaining digital evidence, andthelackof cooperation with technology platforms. This research analyzes, froma legal perspective, the main challenges faced by the Ecuadorian criminal justice system in prosecutingthesecrimes, using a comparative approach with Mexico’s Olimpia Law. A qualitative methodologyis applied, based on normative and jurisprudential analysis as well as interviews, toidentifythe institutional, technical, and social barriers that hinder access to justice. Thestudy concludes that criminal prosecution is possible, but it requires urgent and coordinated action from the State.
Evolución de la regulación normativa del teletrabajo en la Legislación Ecuatoriana desde 2020 hasta la actualidad: avances y desafíos
(Universidad de Cuenca, 2025-09-17) Ojeda Calle, María Belén; Torres Rodas, Marlon Tiberio
This paper addresses the evolution and regulation of teleworking in Ecuador, particularly in the wake of the COVID-19 pandemic, which has made it an indispensable form of employment. Its main objective is to analyze the legal, social, and cultural challenges facing teleworking in the country, in order to develop proposals that guarantee labor rights and fair conditions. Although Ecuador has made progress with reforms and regulations, legal gaps persist, such as protection against work overload and the right to digital disconnection, which affect worker protection. Furthermore, the deep digital divide, especially in rural areas and indigenous communities, limits equitable access and reinforces social inequalities. It is necessary to strengthen technological infrastructure, promote digital literacy campaigns, and change organizational culture to value performance over physical presence. An effective transformation requires regulatory updates, social awareness, and inclusive public policies that guarantee universal access and the protection of rights in the context of teleworking.
Delito omisivo en relación a los agentes de la Policía Nacional en el caso N°10572-2019-00096 por femicidio ocurrido en Ibarra en el año 2019
(Universidad de Cuenca, 2025-09-17) Sánchez Peralta, Doménica Sabrina; Palacios Moreno, Diego Mauricio
The research conducted focuses its analysis on the crime of omission, emphasizing the examination of the court ruling in Case No. 10572-2019-00096 concerning the actions of the police officers at the moment when the life and physical integrity of D.C.R.R. were endangered after being taken hostage by her ex-partner, Y.R.L.G. This situation lasted for approximately ninety minutes in the presence of a large number of police officers who failed to employ the legitimate use of force and, consequently, disregarded applicable regulations and laws. They also abdicated their position as guarantors and their objective duty of care, which derives from their professional role. Accordingly, such an omission leads to the attribution of a result, established through the legal construct of objective imputation, which allows the fatal outcome—the death of D.C.R.R.—to be attributed to the police officers. Consequently, the case analysis identifies the elements and conditions necessary for the classification of commission by omission, as well as the presence of the subjective element of negligence. Therefore, it is concluded that the criminal offense corresponding to the officers’ omission is manslaughter by negligence, as set forth in Article 145 of the Organic Comprehensive Criminal Code (Código Orgánico Integral Penal).
El hábeas data como recurso de protección de datos personales: análisis jurisprudencial de la sentencia constitucional No. 2064-14-EP/21
(Universidad de Cuenca, 2025-09-12) Palacios Zúñiga, Marithza Paola; Idrovo Torres, Diego Francisco
In Ecuador, the right to personal data protection holds constitutional status and is specifically regulated by a law that defines how such information must be handled. This research project analyzes Habeas Data as a legal mechanism for the protection of personal data in cases involving the non-consensual dissemination of intimate photographs in Ecuador, using Constitutional Ruling No. 2064-14-EP/21 as its central focus. Accordingly, the general objective was to examine the legal and jurisprudential impact of the aforementioned ruling, identifying its contribution to the defense and protection of constitutional rights such as privacy, intimacy, and image. To achieve this purpose, a qualitative approach was employed, using the analysis-synthesis method and data collection techniques. The findings of the research theoretically emphasize that Habeas Data is a significant legal safeguard for the protection of sensitive personal data, particularly when such data transitions from the private sphere to the digital realm. However, it was also determined that there are still obstacles in its practical application—especially in cases where the unauthorized disclosure of intimate content has become a challenge for the enforcement of rights in the digital age. Therefore, the study concludes that it is essential to enact a specific law, adopt a more rights-based judicial interpretation, and issue rulings with a gender perspective. This thesis contributes to highlighting the urgency of improving personal data protection mechanisms in the digital environment.
Condiciones laborales de los docentes en el sector público y privado del sistema de educación superior en Ecuador: contratación y remuneración
(Universidad de Cuenca, 2025-09-15) Torres Silva, José Antonio; González Calle, Fernando Teodoro
The hiring and salary of university faculty are crucial factors that directly affect their job stability, professional performance, and quality of life. In Ecuador, these conditions differ considerably. The objective of this research was to comparatively analyze labor rights in hiring among university professors in Ecuador. The research approach was qualitative, considering the Ecuadorian legal framework that protects faculty within the higher education system. The findings revealed a profound dissonance between the Ecuadorian regulatory framework and its practical application in the university hiring system, both in the public and private sectors. From a legal perspective, this dissonance manifests as a potential violation of essential constitutional principles such as equality, the right to decent work, mandatory social security, and job stability. Although the LOES establishes common guidelines for the entire higher education system, the gap between regulation and implementation becomes evident when observing that private universities frequently apply temporary or civil contracts that, while legal under the Labor Code, contradict the spirit of job stability and the structured academic career that the Constitution and LOES aim to guarantee. It can be argued that university autonomy has been interpreted, particularly by private institutions, as a discretionary space that allows disengagement from fundamental principles of labor protection. This situation reproduces structural inequalities and institutionalizes a dual system of rights within the same educational ecosystem.
La vulneración del derecho a la educación de niños con Trastorno del Espectro Autista (TEA) en el sistema escolar primario de Cuenca: análisis jurídico, desde la perspectiva normativa e institucional
(Universidad de Cuenca, 2025-09-15) Corella Loyola, Daniela Nicole; Idrovo Torres, Diego Francisco
The objective of this research was to analyze the violation of the right to education of children with Autism Spectrum Disorder (ASD) in the Cuenca primary school system from a legal, regulatory, and institutional perspective, identifying barriers, noncompliance, and opportunities for improvement in ensuring inclusive education. The methodology involved a mixed-method approach, using surveys and interviews. The survey results showed that children with autism spectrum disorder (ASD) in Ecuador face significant barriers to accessing inclusive education due to discriminatory enrollment practices, limited specialized support, and poor enforcement of current regulations. Although all children are currently enrolled, the process has been complex and uneven, revealing a system that still selects rather than includes. Furthermore, the lack of clear information for families and the low perception of compliance with inclusion laws reflect a weak institutional culture regarding diversity. The interviews show that, although Ecuador has a legal framework that supports inclusive education, its implementation in Cuenca institutions is limited and deficient, especially in the case of children with Autism Spectrum Disorder (ASD). There are no specific regulations for ASD, which generates disparate interpretations and exclusionary practices. Interviewees agree on the lack of mandatory specialized training, the lack of material and human resources, and the absence of standardized assessment protocols.
Aplicación del principio de favorabilidad en ejecución penal: régimen semiabierto y prelibertad
(Universidad de Cuenca, 2025-09-11) Calderón Barzallo, Lizbeth Anahí; Martínez Izquierdo, Diego Xavier
The principle of favorability constitutes a fundamental guarantee in due process, as well as in the enforcement of custodial sentences, that is, during the execution phase. This principle has been recognized both nationally and internationally. This research analyzes the scope and application of favorability during the execution of sentences as established by the Comprehensive Organic Criminal Code and the Code of Execution of Sentences. To this end, a doctrinal and jurisprudential analysis is employed, which visualizes the normative evolution and legislative reforms that impact the criteria of ultra activity and retroactivity of criminal law. Despite several pronouncements by the Constitutional Court on the subject, unfortunately, there is no reform or article dedicated specifically to regulating the execution of sentences in reference to prison benefits such as early release and semi-open prison, based on the effective date of the COIP. Finally, the research concludes that, while the principle of favorability is the basis of criminal law, its effectiveness depends entirely on proper judicial interpretation.
Sistema penitenciario ecuatoriano y realidades de género: estándares de separación de las personas privadas de la libertad transexuales y transgénero
(Universidad de Cuenca, 2025-09-12) Bermeo Cevallos, Bernarda Marcela; Idrovo Torres, Diego Francisco
Binary classification models based on biological sex totally exclude groups of people with dissident bodies, such as trans people. Although our state has recognized sexual diversity and gender identity, it has not yet been concerned with generating policies that guarantee the rights of these groups of people in prison contexts. The lack of regulations contributes to violent and discriminatory practices being perpetuated against trans people, producing a hostile prison environment and a null idea of rehabilitation and social reintegration. That is why the current of legal pluralism sees the need for the coexistence of different normative systems in order to provide a solution that guarantees an effective material application of the rights recognized in the Constitution, allowing us to establish new standards of classification in prison blocks which do not imply more violations towards the trans population.
Regulación del lobbying en Ecuador: análisis de su viabilidad como herramienta de participación equitativa y de transparencia
(Universidad de Cuenca, 2025-09-16) Prieto Muñoz, Gabriela Maricela; Peña Aguirre, Juan Antonio
Lobbying is a fundamental political practice for influencing public policy formulation, but in Ecuador it lacks formal regulation, which affects transparency and equitable participation of civil society. This qualitative and comparative research addresses the regulation of lobbying as a mechanism to strengthen democracy in a context of institutional instability. It analyzes failed national legislative projects, international experiences, and interviews with experts in law and citizen participation to identify factors conditioning regulatory success. The findings show that the absence of a clear normative framework facilitates the concentration of power in privileged groups, limiting the influence of less favored social sectors and fueling negative perceptions associated with corruption. The study highlights the need for transparent mechanisms that ensure equitable access to decision-making processes and promote ethical lobbying. Furthermore, it emphasizes that lobbying regulation must be part of an integrated system of interrelated norms and institutions that guarantee its legitimate and democratic exercise. Finally, it concludes that formalizing lobbying represents a necessary advance to strengthen citizen participation, transparency, and equity in public administration, but requires a comprehensive approach that also includes conflict of interest prevention and effective oversight to ensure its efficacy and legitimacy within the Ecuadorian context.

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