Facultad de Jurisprudencia y Ciencias Políticas
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THE DECLARATION OF PARTIES AS FUNDAMENTAL EVIDENCE TO PROVE LACK OF HARMONY IN MARRIAGE IN ECUADOR

2023 , Puyol A.C. , Rodríguez Salcedo, E.

The declaration of the party is an evidentiary element recognized by the Ecuadorian legal system capable of proving the habitual state of disharmony in the marriage, within a judicial process of divorce. In Ecuador, since the enactment of the General Organic Code of Processes in 2016, this figure is contemplated as an innovation to the evidentiary system, the same that is accompanied by several principles that guarantee orality in the procedural field. The research allows to unveil the way in which the statement of the party should be used as a key and fundamental piece to prove the third ground of Article 110 of the Civil Code in force. A qualitative approach of the research allowed the deep and detailed analysis of the object of study, so that, by means of the corresponding observation, the expected results could be obtained, concluding that, in effect the declaration of part is a valid and sufficient evidence to corroborate the habitual state of lack of harmony in the marriage. © 2023, University of Cienfuegos, Carlos Rafael Rodriguez. All rights reserved.

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THE ACTION FOR THE PROTECTION OF HUMAN DIGNITY AS A FUNDAMENTAL RIGHT FROM A NEOCONSTITUTIONAL PERSPECTIVE

2023 , Barona Villafuerte, Paulina Del Carmen , Martell S.S.Z. , Rivas K.G.S.

The main objective of this article is to analyze relevant aspects of modern constitutional theory or neo-constitutionalism, focusing on those related to the guarantee of human dignity, the action of protection and the direct application of fundamental rights between and by individuals, with special attention to the concept and manifestation of human dignity, and the main controversies that all this raises. A qualitative methodology, bibliographic type, is used. The aim is to elucidate how this theory underlies the legal system and whether the implementation of the guarantee theory, together with the regulation of interrelationships between private parties, could cause an intrusion in aspects “regulated by” and “proper to” Private Law. The research was divided into seven sections in order to develop and discern the various sides of the issue. After the introduction, private law and its relationship with neo-constitutionalism and political legal guaranteeism are addressed; after this, concepts and theories related to fundamental rights are reviewed. In addition, the action of protection will be briefly analyzed, as regards the safeguarding of human dignity as seen from Constitutional and International Law. Finally, some important controversies in this regard are enunciated. © 2023, University of Cienfuegos, Carlos Rafael Rodriguez. All rights reserved.

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THE TERMINATION OF THE EMPLOYMENT CONTRACT AND ITS LEGAL CON-SEQUENCES: A STUDY IN ECUADOR

2022 , Castro, B.P.B. , Pangol Lascano, Alberto

Rescission is a modality of termination of contracts in which any of the parties involved in it can terminate it, in accordance with the grounds established by law. The objective of this work is to analyze this legal figure, concept, characteristics, legal effects and its application in the international arena, particularly in Mexican legislation where it is well developed. In this re-search, a qualitative approach is followed, with the application of scientific methods such as the inductive-analytical, which allowed to show that, the termination, allows the termination of an employment relationship due to breach of the employment contract, for which purpose the law enumerates several grounds to which any of the parties involved in the labor relationship can resort, without having more consequences than the termination of said contract. In conclusion, it is a totally new legal figure for Ecuadorian legislation, but it provides a different vision to finalize an employment contract and that is not far from the grounds established in the Ecuadorian Labor Code, but that, without a doubt, offers a different modality to avoid cumber-some procedures within labor relations. © 2022, 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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RIGHT OF POSSESSION OR RIGHT OF DOMAIN AGAINST THE LEGALIZATION OF LANDS IN THE ECUADORIAN CIVIL CODE

2023 , Cárdenas Paredes, Karina , Salcedo E.R.R.

The legalization of land by possession has been considered a social problem for years, in view of the fact that there has been a lack of knowledge or lack of legal advice to regulate the situation of real estate before the competent agencies. The objective was to analyze the main reasons why people have not legalized their land and whether or not there has been a problem with the right of ownership, which leads the authors to demonstrate the need to change the course of this problem, giving importance to the legalization of land that is within civil law. © 2023, University of Cienfuegos, Carlos Rafael Rodriguez. All rights reserved.

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PROTECTION OF PERSONAL DATA IN ECUADOR AS A RESULT OF THE COVID-19 HEALTH EMERGENCY

2023 , Redrobán Barreto, William

With the validity of the Constitution of the Republic of 2008, the protection of personal data that is constantly at risk of being violated, due to the development of technology and the use of different digital platforms, is guaranteed. For this reason, it is necessary to identify which rights are implicit and how they can be violated. In Ecuador, particularly since the Covid-19 pandemic, the use of apps has become more frequent, as well as the requirement of information on the health of people by the State, for this reason, it is important to analyze the respective regulation around the subject that has been carried out with the validity of the Personal Data Protection Law. For this purpose, a descriptive research with a qualitative approach has been used, based on the exegetical analysis of the constitutional norms, as well as the Organic Law of Jurisdictional Guarantees and Constitutional Control in contrast to the Organic Law of Data Protection of Ecuador. In addition, to the review of the resolutions of the Constitutional Court of Ecuador and the Inter-American Commission on Human Rights. © 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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APPLICABILITY OF THE INTERNATIONAL PROTOCOL ON ECONOMIC, SO-CIAL AND CULTURAL RIGHTS: RIGHT TO EDUCATION IN AFGHANISTAN

2023 , Masabanda Andreeva Y.J. , Santamaría Velasco, Juan Pablo , Panchi Cerón A.S.

The purpose of this research is to analyze the applicability of the International Covenant on Economic, Social and Cultural Rights, specifically, in the context of the human right to education in Afghanistan, which is one of the rights that make up the catalog of the Covenant. This right has been widely criticized because the rights enshrined in it (second generation rights) are considered by the doctrine as “costly”, “rights of provision” and, because of this nature, the intervention of the State is undoubtedly required to provide them, even in their most basic manifestation. Unlike the first-generation rights found in the International Covenant on Civil and Political Rights, the aim is the freedom of individuals and non-interventionism on the part of the State. A descriptive methodology is used with a qualitative approach in the review of documents and the use of theoretical methods such as analytical, synthetic and inductive-deductive. The results show that Afghanistan is one of the countries that has signed and ratified the ESCR Covenant, however, the lack of a complete and equal education system for men and women violates the provisions of the International Covenant on Economic, Social and Cultural Rights, since it is not only impossible to speak of a secular education, but also of an equal education for both sexes, which brings with it several violations of human rights. © 2023, University of Cienfuegos, Carlos Rafael Rodriguez. All rights reserved.

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EXPENDABLE GUILT AS AN ELEMENT IN THE STRUCTURE OF THE CRIME

2022 , López Soria, Yudith , Sánchez Oviedo, Danny Xavier , Cajas Pérez, J.L. , Ortiz Criollo, W.F.

Guilt is the last of the elements that locates the theory of crime in the structure of crime, according to the schools that are res-ponsible for its study. It is also the most vilified element. Multiple theories about guilt, the analysis of its structure, its different roles within criminal law and, in addition, its presence throughout the history of humanity, attribute different connotations to it, however, they suffer great emptiness today., as a structural element of the crime. Various authors consider that it should be extracted from Criminal Law. The objective was to argue that guilt, as a structural element of the crime, according to the Theory of Crime, is expendable. The research is of review and used the qualitative approach that uses theoretical methods such as historical-logical, analytical-synthetic and inductive-deductive, from the empirical level the review of documents to analyze the contributions of authors on the subject. It is concluded that it is one of the main criminal legal institutes, but it is poorly located and should not be in the Theory of crime and yes, in the theory of sentencing, because, precisely, it is the real support of this. © 2022, 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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