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Browsing Trabajos de Pregrado by Subject "Acción"
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Item Open Access Análisis jurídico de la acción de protección como garantía constitucional(2021-01) Álvarez Navarrete, Edwin AlexanderThis scientific article entitled: “Legal analysis of the protection action as a constitutional guarantee”, is the product of an investigation carried out in the years 2020 and 2021, and was aimed at discovering the scope and elements of this jurisdictional action. Consequently, as a general objective, the Protection Action as a Constitutional Guarantee was determined through a legal analysis and, as specific objectives, it was sought to distinguish the scope of application of the Protection Action and identify the recurring cases of application of the Protection Action. So, in order to achieve the proposed objectives, several bibliographic tools are used, including: doctrinal, jurisprudential, normative and even through empirical tools. The research is framed in a mixed quantitative and qualitative approach and was developed through the socio-legal method, supported by a documentary review of authors who studied and wrote about the protection action as a constitutional guarantee. And, as the main result, it was possible to conclude that the protection action is the means par excellence to achieve the protection of rights in its constitutional aspect, but that the vagueness of the norm and the lack of harmony in judicial decisions means that, this figure has some drawbacks in jurisdictional practice.Item Open Access Análisis sobre los motivos por los cuales se restringe presentar una Acción Extraordinaria de Protección frente a las decisiones emanadas por el Tribunal Contencioso Electoral durante el periodo de elecciones(Pontificia Universidad Católica del Ecuador Sede Ibarra, 2021-06) Angulo Rosero, Manuel AlexanderThis investigation is based on the analysis of one of the jurisdictional guarantees which is the Extraordinary Action of Protection, this one is focused on the limitation of the article 62 numeral 7 of the LOGJCC, where it is limited to file an extraordinary action of protection against the decisions issued by the Contentious Electoral Tribunal during the election period. The limitation of the LOGJCC is highly arguable regarding whether it is constitutional or not, due to there are several criteria concerning this topic of investigation, one of them refers that the limitation is unconstitutional because it would not be protecting all the constitutional rights, another of the criteria is this limitation is totally correct since there is a specialized structure which is watching over electoral rights, the primordial objective of the investigation is to find the reasons why it is not appropriate to present an extraordinary action of protection against the decisions issued by the Electoral Contentious Tribunal in the election period, for this investigation, it will be approached from a qualitative approach which will lead to give answers to the research question; the solution that was obtained against to the stablished problem is that there must be a reform to the LOGJCC since by not admitting the extraordinary action of protection, the constitutional rights are being violated and it is not complied with the stablished on the CRE, leaving defenseless political subjects.Item Open Access Eficacia de la acción de protección para garantizar el Derecho a la Salud de personas con enfermedades catastróficas en la ciudad de Ibarra en el año 2020(Pontificia Universidad Católica del Ecuador Sede Ibarra, 2022-02) Caiza Sánchez, Verónica BrigitteThe present study has been carried out in order to analyze the violation of the right to health in people with catastrophic illnesses and the study of the protection action to guarantee this right in the city of Ibarra in the year 2020, by reviewing the current regulations regarding the right to health of people with catastrophic illnesses contemplated in Ecuador, as well as the identification of cases in which the guarantee of protection action has been filed to protect their right as a vulnerable group in order to determine compliance with the constitutional postulates on the right to health of people with catastrophic illnesses as a duty of the State and the action of protection as an effective guarantee of protection of this right. The applied methodology is found from a qualitative research approach carried out in accordance with the socio-legal, normative and analytical methods, which allowed establishing that the protection action is a jurisdictional guarantee that is responsible for protecting the fundamental rights of people, with greater emphasis when it comes to people who belong to a constitutionally recognized vulnerable group. In conclusion, it has been determined that the protection action is effective as a constitutional guarantee, which allows to act in a timely manner in the face of the violation of the right to health, finally, once the review and analysis of the information available on This study has established that there are no necessary arguments to presume the violation of the right to health.