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546,196 artículos

Año: 2022
ISSN: 2588-0705
Moreira-Rosero, Eliecer; Bermeo-Valencia, Marisol
Centro del Emprendimiento, Innovación y Tecnología, CEIT
The research was proposed as a research purpose to interpret institutional governance as a strategy for the management of human talent in local governments from a qualitative and inductive approach, with a documentary review strategy in which a triangulation between the own criteria was subsequently given. s of the researchers, the theorists analyzed, as well as what was mentioned by the key informants in the interviews carried out; in turn, the research was located at a level of descriptive depth, which allowed to discover the virtues and componentes of the case study, as well as the origin of the discourse and its meanings within the contexts in which they were expressed; there is a contribution in a substantive way by the interviewees paying the knowledge in the field of go Institutional strategy and its strategies within local government, in which human talent plays an important role in the construction of its own institutionalized local governance. The analysis strategy was given from the proposal of the Grounded Theory; on the other hand, there is an encounter with the discourse of the interviewees through the use of the hermeneutic method, which contributed to the process of understanding, understanding and interpreting what was commented by the interviewees; as a finding is shown Tran the emerging descriptors, which are shown as good practices for a local government management, thought from its human talent: 1.- New values in the TTHH to achieve sustainability in governance; and 2.- New challenge of the TTHH: Governance local corporate. 
Año: 2022
ISSN: 2588-0705
Sarango-Sarango, Martha
Centro del Emprendimiento, Innovación y Tecnología, CEIT
The article makes a critical analysis of the prosecutor's actions based on the powers conferred by the criminal law in force in Ecuador. In this scenario, it can be observed that the professional in charge of the criminal investigation suffers from unbridled powers that problematize the higher ideal of the criminal system, this responds to the guarantee of the rights of the procedural parties, both the victim and the alleged offender, the latter has sometimes been deprived of liberty as a result of an ill-advised formulation of charges that has failed to observe the postulates established in the law and that is irremediably based on meager investigations carried out mainly in the preliminary investigation phase in accordance with the provisions of the Comprehensive Organic Criminal Code of 2014. The proposed objective responds to the analysis of the professional practice of the prosecutor in the preprocedural phase mainly and how this conditions the formulation of charges of the defendant, through a qualitative research and the use of methods of bibliographic review, as well as synthesis and observation of scientific articles according to the developed themes. In conclusion, there is a socio-legal scenario where the prosecutor, despite the fact that he must observe the principle of objectivity in the exercise of his profession, still prevails the discretionality that far from looking after the rights of both parties continues to harm the offender by isolating him in prison as the only alternative.
Año: 2022
ISSN: 2588-0705
Lara-Mendoza, Richard; Miranda-Pichucho, Freddy
Centro del Emprendimiento, Innovación y Tecnología, CEIT
The purpose of this research was to interpret the proposals of urban governance aimed at the formulation of public policies on local roads, it has a qualitative and inductive approach, for which a documentary review strategy was established in which it subsequently proceeded to give a triangulation between the revised theories, the researchers' own criteria, as well as what was narrated by the key informants in the semi-structured interviews carried out; In turn, the research was located at a descriptive level of depth, which allowed discovering the virtues and components of the case study, as well as the origin of the concepts and their meanings within the contexts in which they occurred. its genesis; a substantive way is given by the interviewees, strengthening knowledge on urban governance and its strategies for addressing public policies for local roads, in which citizens have a transcendental role in the foundation of an institutionalized urban governance. The analysis strategy was given from the proposal developed by the Grounded Theory; on the other hand, the opportunity to have a speech by the interviewees interpreted from hermeneutics, which helps in the process of understanding, understanding and interpreting the narrative of the experts interviewed; As a finding, two descriptors emerge which are provided as good practices for local government management: 1.- Collaborative local public policy and, 2.- Integrated urban governance.
Año: 2022
ISSN: 2588-0705
Alvarado-Cedeño, Cristhian
Centro del Emprendimiento, Innovación y Tecnología, CEIT
This research paper aims to analyze the evaluative, technical,and legal procedures of the Ecuadorian penal system to establish the factors that generate revictimization in children and adolescents, victims of sexual abuse. Revictimization arises from the inefficiencies of the protection system for victims of sexual abuse, so it is important to determine the anomalies of these procedures to seek a conclusion and / or solution. Definitions, causes or elements that originate revictimization are established through a bibliographic and documentary methodology, informationstolen from: texts, scientific articles and regulations such as international human rights instruments, the Constitution of the Republic of Ecuador, the Organic Integral Criminal Code and the Forensic Interview Protocol. An exhaustive analysis of various prevention measures is determined in accordance with the provisions of the Inter-American Court of Human Rights and the provisions of comparative law to support the reduction or eradication of revictimization. Finally, it is evident that the preponderant factors that produce revictimization arethe lack of training and inefficiency of public officials or people involved in providing care to victims, lack and erroneous application of the forensic interview, lack of public policies regarding technology and the lack of personalized assistance by a specialist in psychology and social work.
Año: 2022
ISSN: 2588-0705
Racines-Vivas, Melany
Centro del Emprendimiento, Innovación y Tecnología, CEIT
The present research paper analyzes the influence of punitive populism on Ecuadorian criminal law from 2008 to the present. The manifestations of punitive populism have been reflected in a series of events, such as the popular consultation of 2011, which included questions to achieve the typification of the crime of unjust private enrichmentas an autonomous crime and the criminalization of non-affiliation to social insurance as a criminal offence. In 2014, the penal system was completely modified through the issuance of the Organic Integral Penal Code, which led to an increase in penalties and the typification of a greater number of crimes compared to the previous Criminal Code. In 2018, a referendum and popular consultation was held where again there were questions that had to do with criminal issues such as the imprescriptibility of some crimes. Finally, some consequences of the influence of punitive populism are considered, mainly the increase in the prison population based on figures from 2008 and comparing them with the most current ones. In this research, a qualitative method is used, a theoretical-doctrinal and critical analysis is carried out regarding the legislative technique and the way in which some criminal offenses have been typified in Ecuador.
Año: 2022
ISSN: 2588-0705
Villalva-Chacha, Carmen
Centro del Emprendimiento, Innovación y Tecnología, CEIT
This paper deals with the study of the protection of the environment from the perspective of International Criminal Law through a qualitative research, whose content is raised in a systematic and narrative way, making a retrospective of the evolution of its protection seen from the development of international treaties and the influence of jurists who provide their dogmatic impulse. In the same way it is presented by means of selective analysis the appreciation of the facts embodied in the treatment of international crimes seen from the jurisprudence and, from the development of the norms and mechanisms of prosecution in the international criminal tribunals, including the approach to the framework of environmental protection existing in the Rome Statute, norm of competence of the International Criminal Court. It offers a situational state of the limit of the punitive power between the protection and the most serious and harmful lesions of the natural environment.     Key words: international crimes, environment, Rome Statute, International Criminal Court, International Criminal Justice.
Año: 2022
ISSN: 2588-0705
Cañar-Ramìrez, Kelvin
Centro del Emprendimiento, Innovación y Tecnología, CEIT
This article aims to determine the incidence of social networks in judicial decisions and their impact on the principle of innocence. The analytical, synthetic and descriptive method applied to topics such as social networks, judicial decisions, the principle of innocence and their interactions. It was established that social media are virtual sites hosted on the Internet where people and companies publish data about some situation. In addition, it was stated that judicial decisions are based on a precedent which is analyzed to dictate the final sentence. Also, it was emphasized that worldwide the principle of innocence is based on the fact that a person is innocent as long as the judicial system does not prove otherwise. Finally, it is concluded that social networks can have an important influence on the principle of innocence since it can pressure in some cases to plead guilty or be used as an aggravating circumstance at the time of imparting justice.
Año: 2022
ISSN: 2588-0705
Alvarado-Miranda, Cristian; Vega-Crespo, Elizabeth
Centro del Emprendimiento, Innovación y Tecnología, CEIT
In many public procurement processes, inconveniences may arise on the part of people “who have a direct interest” and feel affected by the contracting entities of the State, by virtue of which, they can present duly motivated claims before the Servicio Nacional de Contratación Pública, (SERCOP). The following study aims to determine and verify the existence of violation of principles and rights of bidders in the bid qualification stage in public procurement processes through electronic reverse auction. In the methodology of this study, the quantitative method and the historical method were used to verify the stages of the proposed topic to corroborate the proposed hypothesis. Also, a documentary review was carried out to collect information regarding the issue raised, which will be obtained from the Sistema Oficial de Contratación del Estado "SOCE". The results found indicate that the claims presented by the suppliers interested in an electronic reverse auction process are affected in the phases of the process and by the antinomies between the “Organic Law of the National Public Procurement System and its General Regulations” considering that the stages of the procedure preclude and the claim procedure is not carried out quickly, leaving many times defenseless, adjudicating the process without having resolved the claim.
Año: 2022
ISSN: 2588-0705
Ordóñez-Carpio, Fernando; Vega-Crespo, Elizabeth
Centro del Emprendimiento, Innovación y Tecnología, CEIT
Through the development of this article, this topic will be analyzed: the possible judicial and administrative actions that would have at their disposal the suppliers of the State,  which have been sanctioned by the SERCOP (National Service of Public Procurement), with the suspension in the RUP (Single Registry of Suppliers), for having provided information or made an erroneous declaration with regard to its status as a domestic producer, within a public procurement procedure; but that, notwithstanding the application of that penalty and, precisely because of it, being blocked in the Public Procurement Portal, they are prevented from complying with obligations previously contracted, as in the case of the signing of contracts awarded in other public procurement processes, prior to taxation of the aforementioned sanction; and, as a result, are subject to a significantly higher penalty for a forced event that does not derive from their responsibility. The mechanisms to be used to achieve their rehabilitation in the National Public Procurement System, as well as compensation for damages unjustly caused will be outlined
Año: 2022
ISSN: 2588-0705
Cevallos-Torres, Gema; Vegas-Meléndez , Hilarión
Centro del Emprendimiento, Innovación y Tecnología, CEIT
The purpose of the research has been to interpret the contribution of governance within the new post-bureaucratic model in local public management, having as a unit of study the Decentralized Autonomous Government of the San Vicente canton of the Province of Manabí (Ecuador); the design of the research is phenomenological-interpretative type with a qualitative approach,  with a descriptive depth, being in turn field and not experimental, the documentary review was proposed as a strategy for obtaining theoretical postulates, reports and stories narrated by the key informants (interviewees); in turn, the analysis strategy was based on the phases proposed by the Grounded Theory,  in which the substantive codes, axial codes, substantive concepts are represented until reaching the central category; as well as the use of hermeneutic praxis (analytical-interpretative) in order to give interpretative form to the discourse expressed by the interviewees -academic experts and researchers- through an in-depth interview. Among the findings found is the central category called: post-bureaucracy of local public management from managerial and technological innovation, which is proposed as a proposal of good practice for local public management, this arose from the triangulation between the revised theory, the discursive narrative of the key informants and the criteria of the researchers, giving space to symbolic interactionism. Among the main reflections is to prepare for a new public administration in which virtuality and artificial intelligence will be present. 

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