Facultad de Jurisprudencia y Ciencias Políticas
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THE THEORY OF DETERMINATION OF THE PENALTY CLAIMS GUILT IN ITS STRUCTURE

2022 , López Soria, Yudith , Sánchez Oviedo, Danny Xavier

For more than three centuries, the scientific community of Criminal Law, universally speaking, tries to explain the concept of crime in a systematic way, emerging the Theory of crime, which reveals the concept of crime through the structural elements that make it up. Process that has gone through several Schools or currents of thought, with greater intensity in the Italian and German Schools, the latter, with greater validity today. All agree in conceptualizing the crime as the typical, unlawful and guilty action (conduct) that has a sanction planned. However, the content of its elements has varied from one school to another, and the element that has suffered the most has been guilt, which today, according to the Finalist and Functionalist Schools, con-tinues to be considered the third dogmatic element within of the concept of crime. The objective of this article is to persuade the scientific community of criminal law that guilt is misplaced in the theory of crime and must be dogmatically conceived in the theory of sentencing. For this, a qualitative research approach is applied with the implementation of methods such as the historical-logical, the analytical-synthetic and the inductive. © 2022, University of Cienfuegos, Carlos Rafael Rodriguez. All rights reserved.

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RECOGNITION OF THE RIGHTS OF TRANSGENDER PEOPLE IN THE FACE OF BIOPSYCHOSOCIAL WELL-BEING

2023 , Urrutia Santillán V.P. , Jaramillo León A.A. , Acurio Mora, Jordy Daniel

Ecuador witnesses how after an arduous struggle for the defense of its fundamental rights, the LGBTIQ+ Community has gained its place and space, both nationally and internationally. As a result, the domestic legal system is adapted to it. Equality as a principle must be, at least formally, recognized to all people, therefore, transgender people are not an excluded case, but rather, it is part of the whole set of objects of protection, as a constitutional right and principle enjoyed by people without distinction of any category. The current Constitution of the Republic of Ecuador states that equality and non-discrimination shall be guaranteed within the Ecuadorian State. Based on this, the general objective is: To analyze the recognition that the transgender person has within the Ecuadorian legislation, maintaining the biopsychosocial welfare, for which a qualitative research approach is applied and methods such as analytical-synthetic and inductive are used, which allow observing in detail, the variables of study. All of which leads to argue how transgender people have the same rights and the same gua-rantees as the rest of the people, without distinction of any nature. © 2023, University of Cienfuegos, Carlos Rafael Rodriguez. All rights reserved.

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THE NEW TEST AND NEW TEST IN THE GENERAL ORGANIC CODE OF PROCESSES IN ECUADOR

2023 , Jiménez Panimboza Á.A. , Jaramillo León A.A.

Knowing that evidence is a source of conviction, which leads the Judge to the certainty of the procedural truth; and that the General Organic Code of Proceedings, in addition to incorporating a new form of announcing the means of evidence, in the acts of proposition of both the plaintiff and the defendant, brought with it, the figures of New Evidence and New Proof, a priori, similar, it is to be noted that, however, they are not. Thus, the general objective of this research is to show that new evidence and new proof are two different legal concepts and, consequently, their procedural and timing requirements for their announcement and request are also different. The study is based on the use of a qualitative approach, applying scientific methods such as: bibliographic review, documentary analysis and the inductive method. As a result, it offers a guide for lawyers and justice operators, in the distinction of the legal framework, of the new evidence and new evidence, for its correct application, as a means for the realization of justice in Ecuador. © 2023, University of Cienfuegos, Carlos Rafael Rodriguez. All rights reserved.

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Ordinal Logistic Regression Model for Predicting Employee Satisfaction from Organizational Climate

2023 , Espinosa Pinos, Carlos Alberto , Acuña-Mayorga J.M. , Acosta-Pérez P.B. , Lara-Álvarez P.

The article introduces ordinal logistic regression as an alternative method for modelling the relationship between predictor variables and job satisfaction. It emphasizes the importance of comprehending job satisfaction factors to enhance organizational performance. The study employs a quantitative approach to predict job satisfaction levels among operational staff in the textile industry, using a test devised by Sonia Palma, consisting of 7 dimensions and 36 items for job satisfaction assessment. Additionally, a 50-items test measures the work climate. By applying a logistic model, the study categorizes job satisfaction into "low - medium"or "high"levels. The dataset encompasses socio-demographic variables and questions from the work climate test CL-SPC (Work Climate - Satisfaction, Productivity and Commitment), which includes five dimensions. Significant factors for the logistic regression model are identified through exploratory factor analysis. These include commitment, autonomy at work, leadership, interpersonal relationships, learning and personal development, clarity of job expectations, motivation, and performance. The analysis unveils associations between these factors and the likelihood of predicting job satisfaction levels. Motivation, job performance and clarity of job expectations emerge as influential predictors. The article recommends fostering a culture of commitment, empowering decision-making, and clearly defining job responsibilities to improve job satisfaction in the textile industry. In conclusion, ordinal logistic regression analysis deepens our understanding of job satisfaction factors in the textile industry, enabling organizations to implement strategies to increase job satisfaction and overall performance. The results of the study enrich our knowledge of job satisfaction and work climate in the textile industry, offering practical guidance to professionals responsible for talent management. © 2023 IEEE.

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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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GENDER EQUALITY IN INTERNATIONAL LABOR STANDARDS AND FAIR RECRUITMENT

2023 , Pangol Lascano, Alberto , Romero Carrera E.C.

At the global level, the universalization of labor rights is in a stage of profound transformation, aimed at strengthening protective mechanisms. The States have committed to propose responses to all these challenges with multidimensional criteria and framed in the fulfillment of fundamental rights. This is how the ILO through the NIT includes principles and rights at work as enabling conditions that contribute to a better life condition of society. In this context, this research aims to analyze gender equality in international labor standards and fair hiring, through a legal-comparative analysis, responding to a qualitative research approach. The results made it possible to show that, although international labor standards have not been fully integrated into national legislation, which violates the principle of gender equality, since women continue to be discriminated against in terms of employment and occupation. In addition, globalization has affected the migration of workers, which is why the fair hiring process arises, promoted by the ILO, and whose initiative is to prevent abuses of workers, human trafficking and forced labor. © 2023, University of Cienfuegos, Carlos Rafael Rodriguez. All rights reserved.

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THE POPULAR AND SOLIDARITY ECONOMY AS A MANAGEMENT REGIME IN COMMUNITY TOURISM

2022 , Barrionuevo Núñez, José Luis , Cárdenas Paredes, Karina

Currently, the Popular and Solidarity Economy has been taking an important role in society, since it reflects the human being as a subject and an end to perform various social activities. This research seeks to evaluate the effectiveness of the Popular and Solidarity Economy regime, instituted in Ecuador, to manage the supply of community tourism in the country. The volume of commercial credit and microcredit placed annually by the entities of the Popular and Solidarity Financial System was used as a control variable for the evolution of the annual number of organizations dedicated to the provision of tourism services under the regime examined. The simple linear regression on this data set was carried out using the R 4.0.5 language in the IDE RStudio 1.4.1106, and yielded the result that both variables behave in a linearly independent manner. This leads to the conclusion that the Popular and Solidarity Economy regime, in order to be effective with respect to the national community tourism offer, would need to be reformed or its implementation strengthened. © 2022, University of Cienfuegos, Carlos Rafael Rodriguez. All rights reserved.

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THE ENTREPRENEURIAL CONTRACT AND ITS SCOPE AS A LABOR ALTERNATIVE

2023 , Maiza L.A.C. , Pachano Zurita, Ana Cristina

The impact of the COVID-19 pandemic and its negative labor consequences, such as unemployment, which leaves several families without economic support, has been shocking, in fact, it is due to the alarming number of citizens seeking to generate economic income, that the Ecuadorian Ministry of Labor was forced to issue four ministerial agreements as contractual alternatives to work, among them the Ministerial Agreement MTA-2020-22 was issued, referring to the Entrepreneurship Contract, which seeks to protect entrepreneurs and their employees, encouraging enterprises to legally register in the corresponding National Registry. By maintaining its bases in the Labor Code, the worker fully enjoys labor rights and the guiding principles of Labor Law, but, despite the time this Agreement was issued, the citizenry does not have extensive knowledge about it and its outreach to certain social groups, for example, people deprived of liberty and young entrepreneurs. It is then proposed, as a general objective: Analyze the scope of the Entrepreneurship Contract as a labor alternative, which is achieved through a qualitative methodological approach and methods such as the analytical-synthetic, the historical-logical and the inductive. © 2023, University of Cienfuegos, Carlos Rafael Rodriguez. All rights reserved.

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THE RIGHT TO PROOF AND ITS LEGAL CONFIGURATION WITHIN THE GENERAL ORGANIC CODE OF PROCESSES

2023 , García Díaz, José , Castillo P.A.F. , Navarro E.C.M.

The right to proof, understood as that evidentiary activity recognized in favor of the parties, has special relevance within the general theory of the process, which is why the constitution has decided to recognize it as a constitutional law as an integral part of the right to due process. Despite its importance, the right to proof has not deserved adequate treatment by the Constitutional Court, being legally associated as a part of the macro right to due process, thus ignoring the vast substantial content that it should enjoy. In contrast, within Spanish and Colombian comparative law, it is evident that through the right to proof, two dimensions or edges are manifested that combine not only mere access or opportunity to present evidence, but also the application of well-founded evidentiary limits, as well as the conception of the right to proof with an average system of administration of justice. This article aims to shed light on those forgotten or unknown dimensions of the right to proof, as well as its application by judges when justifying the acceptance or not of a certain request for access to evidence required by the parties. © 2023, University of Cienfuegos, Carlos Rafael Rodriguez. All rights reserved.

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THE SCOPE OF THE PRINCIPLE OF CONTRIBUTIVE CAPACITY IN THE ECUA-DORIAN LEGAL TAX REGIME

2023 , Ochoa L.J.A. , Barrera E.P.S.

The main objective of the research was to determine the importance of the principle of contributive capacity in the national legal tax system, in order to contribute to avoid the affectation to the patrimony of the taxpayers, and at the same time the proliferation of elusive and evasive figures in the face of the excessive taxation. With the 2008 Constitution, the tax system is governed by principles that set the basis for the creation, modification and extinction of taxes, which are established in Article 300, in which, although the principle of contributive capacity is not expressly included, it is immersed in the tax principles of equity and progressiveness. Therefore, the legislator will determine the taxpayer’s taxpaying capacity. This research applies the qualitative methodological approach and methods such as analytical-synthetic, historical-logical and inductive-deductive. © 2023, University of Cienfuegos, Carlos Rafael Rodriguez. All rights reserved.

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