Saltos-Hidalgo, Tatiana
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Saltos-Hidalgo, Tatiana
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Quito

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Jurisprudence on sustainable development in Ecuador: an analysis of judicial rulings and environmental challenges

2024 , Saltos-Hidalgo, Tatiana , Albuja Urvina, María Gabriela , Alex Fabián Mejía-Sandoval , Anthony Gaon-Cajamarca

Sustainable development in Ecuador faces a significant challenge due to the lack of jurisprudence that integrates sustainability principles into judicial decisions, compounded by the prevalence of environmental conflicts and the absence of specific studies. This study aimed to analyze how Ecuadorian courts applied these principles in their rulings on protective actions resolved in the Northern Judicial Complex of Quito, to identify decision-making patterns and potential cognitive biases in the adjudication process. The analysis adopts both a quantitative and qualitative approach to 1,020 cases resolved in 2023. The systematic review considers the legal and environmental context, as well as a detailed examination of judicial rulings to assess the application of sustainable development principles. Cases were classified based on the dimensions of sustainable development to which the violated rights were linked. The results indicated that a total of 156 accepted cases directly declared the violation of economic, social, cultural, and environmental rights, with 1 case indirectly involving environmental protection. This represents 15.29% of the total reviewed cases and 56.32% of the accepted cases. Of the total, 98.72% were linked to the economic and social dimension, while only 1.28% corresponded to the environmental dimension of sustainable development. Ecuadorian courts demonstrate a low level of integration of sustainability dimensions in their rulings, hindering the progress of sustainable development in the country. The ambiguity in defining these principles increases judicial discretion and the likelihood of biases in decisions. Therefore, a more systematic approach and ongoing training are needed to help judges avoid biases in their rulings

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The Evolution of E-voting and its Application on Electoral Process Abroad

2024 , Saltos-Hidalgo, Tatiana , Alex Fabián Mejía-Sandoval , Anthony Gaon-Cajamarca

The study analyzes the implementation of evoting in our democracies, based on the current discussion about its challenges to enhance our confidence in political institutions. The proposal aims to establish the aspects involved in this electoral mechanism, particularly in elections abroad.The scientific method is qualitative, based on the results of previous research and the data obtained from the electoral process in Ecuador when electronic voting was implemented. Moreover, it includes a descriptive analysis of the types of e-voting. The findings reveal a lack of global continuity in the adoption of e-voting due to cost, system reliability and political confidence concerns, causing the inverse effect in populations with low levels democratic participation as migrants. The study concludes in the examination of each country's context and electoral infrastructure, as essential to determine the most suitable e-voting modality based on pilot test results.

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