Facultad de Jurisprudencia y Ciencias Políticas
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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 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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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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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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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 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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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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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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Emission inventory processing of biomass burning from a global dataset for air quality modeling

2022 , Pino-Cortés E. , Carrasco S. , Díaz-Robles L.A. , Cubillos F. , Cereceda-Balic F. , Vallejo F. , Fu J.S.

Wildfires generate large amounts of atmospheric pollutants yearly. The development of an emission inventory for this activity is a challenge today, mainly to perform the air quality modeling. There are accessible available databases with historical information about this source. The main goal of this study was to process the results of biomass burning emissions for the year 2014 from the Global Fire Assimilation System (GFAS). The pollutants studied were black carbon, organic carbon, and fine and coarse particulate matter. The inputs were pre-formatted to enter into the simulation software of the emission inventory. In this case, the Sparse Matrix Operator Kernel Emissions (SMOKE) was used, and the values obtained in various cities were analyzed. As a result, the spatial distribution of the forest fire emissions in the Southern Hemisphere was achieved, with the polar stereographic projection. The highest emissions were located in the African continent, followed by the northern region of Australia. Future air quality modeling at a local level could apply the results and the methodology of this study. The biomass burning emissions could add a better performance of the results and more knowledge on the effect of this source. © 2021, The Author(s), under exclusive licence to Springer Nature B.V.

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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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