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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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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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NATURE AS SUBJECTS OF RIGHTS, ANALYSIS OF JUDGMENT 185-20JP/21

2024 , Pachano Zurita, Ana Cristina , Molina Torres, María Victoria

This article addresses the legal issue of recognizing nature as a subject of rights within the current legal framework, highlighting a paradigm shift in the protection of nature in Ecuador. With the 2008 Constitution, nature transitioned from being an "object of protection" to an entity with its own rights. The ruling 1185-20-JP/21 is used as a case study to analyze these legal and practical implications. The ruling deals with the violation of rights due to irrigation projects without adequate environmental consultation, emphasizing the importance of ecological flow. The Constitutional Court reaffirms the interdependence between the rights of nature and human rights, highlighting the need for a systemic approach to environmental protection. Key legal and jurisprudential precedents are reviewed to contextualize this recognition, evaluating its impact on the legal system and environmental protection, and analyzing the enforceability of these rights through judicial mechanisms. The ruling establishes a crucial precedent for the sustainable management of natural resources and reinforces the importance of protecting the rights of nature to ensure a sustainable future for all generations