No. 15 (2016)
Permanent URI for this collectionhttps://dspace-test.ucuenca.edu.ec/handle/123456789/27736
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Item Gestión comunitaria del agua: junta administradora de agua potable regional de Zhidma(Universidad de Cuenca, 2016) Cañizares, Sebastián; Guaricela, Andrés; Lascano, Miguel; Medina, Marcos; Moncayo, Patricio; Zalamea, MateoThis article aims to analyze the communitary water management in the Regional Potable Water Board of Zhidmad. The guide questions used to accomplish this project are the following: ¿What is the community cosmovision about the water? ¿How the community water board organizes to manage this natural resource? ¿How does the community participate in the mentioned management? Furthermore, based on theory of the commons goods, aboard the communitary water management, understanding it as a human right. The primary conclusions obtained are the maintenance of the millenary tradition called minga as communitary participation for the water management, as well as the community commitment to protect the fountains that grant access to the vital liquid.Item La crítica feminista al derecho: de la lucha por la igualdad al cuestionamiento de la identidad como ideal normativo(Universidad de Cuenca, 2016) Mendoza Eskola, Juanita CatalinaThis article shows the most important questions that the feminism (or feminisms) asks to Law, as a social system and speech. In a special way, it analyzes the different positions that the feminist critique assumes about the possibility of using Law as an instrument to change the situation of women. Moreover, even though the article regards the importance of women´s struggle to face discrimination and achieve equality, it shows how the use of essentialist categories, such as “men” and “women” could signify, at the same time, the exclusion of the rights of those who do not fit on that normative ideal.Item La responsabilidad extracontractual del estado en el Ecuador: las limitaciones en el marco jurídico(Universidad de Cuenca, 2016) Moreno Yanes, JorgeThis article analyzes the extra-contractual liability of the State, as a limitation of the exercise of the state power, as well as a guarantee that the State will respect the rights of citizens due to the existence of actions or omissions that can cause violation or damage, which generates the obligation of repairing, a compensation to the injured citizen. Therefore, this article studies the extra-contractual liability of the State, in the administrative, judiciary and legislative areas. Eventually, it analyzes the objective and subjective liability, the reparation, the risk, the damage and the exempts of liability.Item La calidad de la información y el debate por la “verdad” en medios públicos y privados en Ecuador(Universidad de Cuenca, 2016) Albán Gallo, Manuel EduardoA central point in this dispute “truth” is the enactment of the Communications Law of Ecuador, considered innovative in the context of the construction of Public Communication Policies in Latin America. Several have been discussions about the “new” way of legislating in the communications sector, especially when large private media companies became the main detractors of the law and actions of the government of Rafael Correa, who from the beginning of his administration declared them “open war”. The article shows the current system status Ecuadorian media as outcome after enactment of the new legislation in terms of communication and also identifies how from the exercise of the profession transcend debates marked by political polarization resulting in a media polarization and typifies communication systems in the country.Item La legitimación, aplicación y ejecución de la pena en el sistema penal ecuatoriano(Universidad de Cuenca, 2016) Vargas Tello, José LuisThe state legislature every day elaborates a law system which is adapted to the constant changes of society, which by its dynamism evolves by leaps and bounds. One of the main topics to be discussed, it is the criminalization of some conducts and the sanctions for those behaviors that are not tolerated by the social nucleus. The state speech is the maximum application of punitive power. It every day takes strength and is legitimized accepted and even requested by the people who consider that they live in a constant state of insecurity and danger. However, we should consider that the application of severe penalties, involve the control and domination of power of the state and therefore the government. Consequently by giving these prerogatives to the state, the power overflows and it generate deviations which could cause a damage to the alleged infringer and citizens.Item La reforma constitucional de 1995. El proceso de institucionalización en Nicaragua(Universidad de Cuenca, 2016) Ruiz Guerrero, Manuel FranciscoThe Nicaraguan Constitution makes no distinction between constituent power and power reform. This causes constitutional mutations. The project analyses how the constitutional reform process from 1995 was able to manifest the difficulty of establishing State of Law rules in a political process. We analyze the laws and decree issued by the Legislative and Executive branches to the constitutional reforms of 1991, 1993 and 1995 to the decisions of the Supreme Court of Justice. The project shows the challenging road towards the institutionally in Nicaragua that is produced in a scene of post war and in the middle of fractionation for both the Sandinista National Liberation Front as well as the coalition of National opposition. Our analysis shows that the constitutional reform of 1995 could have been the stabilization of a constitutional system but in reality what it did was open up to new conflicts. In addition, the prior constitutional mutation need to be analyzed in the frame of phenomenology in which the country is headed towards.