Facultad de Jurisprudencia y Ciencias Políticas
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THE PRINCIPLE OF IURA NOVIT CURIA IN LABOR MATTERS

2023 , Valverde J.A.A. , Paredes K.D.C.

The principle of Iura Novit Curia is one of the fundamental principles within procedural law that are currently applied, since its meaning is relevant when saying: “the judge knows the law”. This principle is based on the application made by the administrator of justice of the rules that have not necessarily been invoked by the procedural parties in terms of the events exposed, but that the judge needs to apply a normative content that allows him to motivate and support his decision. The general objective of this article is to perform a critical-legal analysis of the principle of Iura Novit Curia in labor matters, which is regulated within the Ecuadorian legal system and has international relevance. In order to know the investigative result, the qualitative methodology has been used with methods such as the historical-logical, determining the real trajectory of the principle of iura novit curia and which are the existing general laws in Ecuador for the development and application of this principle. All this in order to verify the scope of Iura Novit Curia in labor matters and how it is currently being applied to protect the rights of individuals and to safeguard effective judicial protection and legal certainty as a duty of the State. © 2023, University of Cienfuegos, Carlos Rafael Rodriguez. All rights reserved.

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Occupational Risks: A Comparative Study of the Most Common Indicators in Uruguay, Cuba and Ecuador

2023 , Acosta Pérez, Paul Bladimir , Espinosa Pinos, Carlos Alberto , Acuña Mayorga, José Miguel , Lascano Arias, Giovanni

Efficiency and effectiveness in daily work activities demand the control of processes, those elements that can affect the health of employees known as occupational risks. The objective of this study was to identify indicators of more frequent labor risks in the countries of Uruguay, Cuba and Ecuador, for which a bibliographic compilation was carried out, as well as a descriptive analysis of the indicators of occupational risk. The results show that the countries analyzed coincide as the highest index of risks to manufacturing industries. It is concluded that the international regulations and conventions that govern safety have been accepted by the different countries that make them up, mainly in the statistical registry of accidents, reports, affiliates among others. Finally, policies aimed at the prevention, detection, monitoring and eradication of occupational risks in the workplace must be established. © 2023 IEEE.

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Methodological innovation for the teaching of TIC in Higher Education

2021 , Morales-Urrutia E.K. , Ocaña J.M. , Yánez Rueda, Hugo , Naranjo A.F.N.

The inclusion of technology in the different academic spaces of higher education education has allowed the educational process to take another course and for both teachers and students to adapt to these changes and even more so to those that have been experienced around the pandemic of COVID-19. This study shows the methodological approach for the micro-curricular organization of the Information and Communication Technologies subject, based on didactic methodological strategies that seek to achieve learning achievements based on digital tools according to Bloom’s taxonomy. This research has been carried out in a public university in Ecuador with 207 first-semester students divided into 6 groups. Through the methodological application of its four phases: analysis, planning, design and implementation, and evaluation; favorable results have been obtained in meaningful learning achieved with students. As future work it is intended to apply this methodological approach in related subjects in higher education, thus exposing this approach to a process of continuous improvement. © 2021, Associacao Iberica de Sistemas e Tecnologias de Informacao. All rights reserved.

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PRIVATE DOCUMENTS AS EVIDENCE AND ITS ASSESSMENT ACCORDING TO THE GENERAL ORGANIC CODE OF PROCESSES

2023 , Pachano Zurita, Ana Cristina

The evaluation of private documents as evidence raises an active panorama in the role of judges, since this implies different perspectives in the critical exposition that guides the principle of free evaluation of the evidence. The subject of the evaluation of the evidence in private documents, frequently, presents relevant points in the rationalization of the trials, being that the evidence has in a certain part, with numerous problems that characterize its evaluation with relevant points and certain peculiarities given its own perspective of being deprived. The objective of private documents is to prove what is alleged by the parties, taking into consideration their veracity, through the appropriate mechanisms such as their materialization or certification, in case the documents have original signatures, their recognition must be done. before the competent authority. The principal objective of this work is: to argue the importance of private documents as evidence in judicial processes, in civil matters; for which the qualitative methodological approach will be used, through scientific methods such as historical-logical, analytical-synthetic and inductive. © 2023, University of Cienfuegos, Carlos Rafael Rodriguez. All rights reserved.

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Whatsapp and Facebook as a New Political Agora?

2018 , Sanchez A.J. , Sanchez M.R.F. , Ruiz E.C.V. , Sanchez M.A. , Duenas V.M. , Lavin J.M.

This research tries to know how the political interaction of the citizens from the center of Ecuador is on the Internet. Every day more people use new technologies in order to learn about political issues. Virtual media allow different forms of citizen participation, making the traditional ones such as television, radio o written press to be obsolete. Through an online questionnaire, people were asked about the use of the political information in the different channels, and especially, about their participation in the last election campaign of 2017. The results show different patterns according to factors such as gender, age or occupation, confirming a panorama of transition between offline and online media. © 2018 IEEE.

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LABOR STABILITY IN ECUADOR

2023 , Paguay Duchi M.Á. , Morales Navarrete, Martha

Estabilidad Laboral, Seguridad Jurídica, NombramientosHowever, upon expiration of a term of more than five years, a kind of job expectation and life project would be generated. However, upon expiration of a term of more than five years, a kind of job expectation and life project would be generated. However, when a term of more than five years elapses, a kind of labor expectation and life project would be generated. The general objective of this paper is to analyze the legal situation of provisional appointments with a term of more than five years from the perspective of temporality and the principle of legal certainty. This will be developed through a qualitative approach, with the application of research methods such as historical-logical, analytical-synthetic and inductive, and through the analysis of cases in which the premises of acceptance of the violation of constitutional rights resulting from the termination of the provisional appointment, among others, are accepted. Provisional appointments, although they do not generate labor stability, the legal conditions under which they are granted generate a legitimate trust, therefore, the termination of these appointments must comply with the normative conditions for which they were granted, having to motivate and consider that due to temporality those appointments longer than five years generate a labor expectation and a life project. © 2023, University of Cienfuegos, Carlos Rafael Rodriguez. All rights reserved.

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SINGLE-PARENT TENURE AND THE RIGHT TO THE FAMILY

2023 , Villacis Núñez E.J. , Rodríguez Salcedo, E.

According to the Ecuadorian legal system, there is no regulation regarding the management of single-parent custody, but based on what is established in the Code of Childhood and Adolescence (2003), when speaking of single-parent custody, it is alluded to as a consequence of divorce, after an analysis of the actions of jurisdictional bodies, public institutions, non-governmental organizations, associations and foundations to measure the psychological consequences for children and adolescents, the effect of divorce and family breakup. For this purpose, this analysis will review national regulations and international human rights instruments from the constitutional context. It is mentioned that single-parent custody is born as a form of legal institution which is considered as a right to the family for children and adolescents, therefore the incidence within single-parent custody is considered as a right to the family and the principle of the best interest of the child is born, which is recognized as an element that allows identifying the family as a nucleus within society and that is protected and protected by the state. This article aims to analyze the regulations and the legal framework by means of a quantitative and descriptive methodology, this allows a deep reasoning and a clear answer to the problem, where it is mentioned that single-parent custody is not guaranteed by the constitution and several international instruments. © 2023, University of Cienfuegos, Carlos Rafael Rodriguez. All rights reserved.

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THE LACK OF JOB OPPORTUNITITIES FOR OLDER ADULTS IN ECUADOR

2022 , Bermúdez Santana, Diana Maricela , Jiménez Vergara, L

The objective of this scientific article is to determine the impact of the so-called Organic Law for the Promotion of Youth Work, Exceptional Regulation of the Working Hours, Severance and Unemployment Insurance, in the constitutionally recognized principle of equality, with respect to hiring employment of older adults in Ecuador. And it is that, in the country, it is obser-ved that there is a lack of job opportunities for older adults, who in many cases need to join the labor market to be able to survive and meet their basic economic needs, such as: food, health, housing, clothing, among other. In addition, due to the importance of the personal self-realization of the human being at any stage of his life, which depends to a large extent on the self-satisfaction of his needs. Therefore, it is striking that the National Legislative Assembly has only legislated for the benefit of a certain sector of the population, to supposedly guarantee them a job with a law, and the principle of equality is violated, so that older adults they can also access a source of employment, which could even be discriminatory. The present investigation in this regard, demands the use of methods such as: the synthetic analytical, the historical-logical, and the inductive-deductive, to achieve the general objective set and through a merely qualitative approach. © 2022, University of Cienfuegos, Carlos Rafael Rodriguez. All rights reserved.

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DESPIDATIVELY AWARE OF THE PREGNANT WOMAN, AND HER REPRESSION AS A VULNERABLE GROUP EMBEDDED

2022 , Molestina, R.P. , Rodríguez Saledo, E.

The objective of this work is to critically and legally analyze the untimely dismissal of pregnant women, and its future consequences, as this is a vulnerable group protected by the Constitution, within the framework of a comparative study of the laws that affect labor. A descriptive contribution research was carried out, with a qualitative approach, through a bibliographic and historical review. This study will facilitate analytical understanding in the area of labor law, thus creating new approaches in this area of knowledge. The study concludes that the purpose of the Labor Code and the Organic Law of Public Service should be analyzed, around the violation of the rights of the worker, as well as the best interests of the child. © 2022, University of Cienfuegos, Carlos Rafael Rodriguez. All rights reserved.

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THE RIGHTS OF CROSS-BORDER WORKERS: SOCIOECONOMIC AND LEGAL REALITY ON THE ECUADORIAN BORDER

2022 , Montenegro de la Cruz C.R. , Molina Torres, María Victoria

Workers who work in the territory of one Member State and reside in the territory of another Member State, to which they return every day, or at least once a week, are known as cross-border workers. But this way of working also has its drawbacks. The situation can be complex for both the worker and the employer. For the worker, these are inconveniences that can lead to divorce, estrangement, expenses, etc. For companies, the inconveniences include controlling travel expenses, complying with immigration laws, ensuring social security and reaching an agreement with the employee on the days to be spent at work and at home. The objective of this research is to analyze the judicial competence and the principle of effective judicial protection to protect and guarantee the rights of cross-border dependent and self-employed workers. When there are labor disputes between the employer and the workers, which border country is responsible for regularizing these rights? The methodology applied was a qualitative approach, using inductive methods, case studies and the technique used was that of interpretation of the law. © 2022, University of Cienfuegos, Carlos Rafael Rodriguez. All rights reserved.

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