Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

There is no doubt that within the criminal process it deals with the resolution of conflicts, therefore, the effectiveness of all procedures and the correct application of the principles and fundamental rights of the individual governed within the legal system are sought. In effect, this research aims to demonstrate how the application of direct procedure in flagrant crimes violates rights established in the Magna Carta, such as the right to the defense of the accused and in turn to be judged impartially by the administrators of justice, who They must necessarily act in accordance with the penal system established in Ecuadorian regulations.   Now, within the criminal procedural field, the so-called special procedures are established, including the one established in article 640 of our Comprehensive Organic Criminal Code, which establishes the concentration of all the stages of the process in a single hearing, this in turn, it is regulated by the same regulations and based on the principles that govern criminal law, due to which it is important to highlight the existence of violations of the right to defense, because as indicated in the article at hand, The same judge who classifies the crime as flagrante delicto is the same investigating judge who must resolve the case by issuing a sentence, having already contaminated the actions that give rise to the procedure, consequently the principle of impartiality is being violated, also taking into account that With the entry into force of the COIP on August 10, 2014, the Ecuadorian criminal law governs the Adversarial System, leaving aside the intervention of the judge called the inquisitor.

This investigation began with the concept of addiction to consumption of substances subject to control as what it is: a public health problem and how that vision is completely separated from the judgment of the infraction that sanctions the trafficking of such substances; Likewise, it analyzes the poor performance of the prosecutors during the preliminary investigation and the fiscal instruction that prevents determining the destination of the substances in possession and hinders the difference between the consumer and the trafficker. At the same time, it exposes the non-existence of the social rehabilitation component in the penal system while facing this type of crime, the breach of constitutional norms and the violation of human rights linked to due process and public health. The objective of the research was focused on proposing procedural and investigative actions that allow differentiating the trafficker from the consumer, and in the event that the offender fulfills both roles, imposing an effective sanction with a focus on treatment in a rehabilitation center for people with addictions.

This study analyzed the variability of financial assets belonging to the banking sector in the Quito Stock Exchange. Financial assets are financial instruments or securities that can be a wealth for the owner or an expense for the issuer. The CAPM asset valuation model was used for systematic risk analysis (beta coefficient) by determining the degree of volatility owning stock prices according to the quantitative order correlational method. The methodological design of the work was established under a cross-sectional correlational method, since the behavior of the stock price is analyzed against an expected return due to volatility, measured by the beta coefficient through the valuation model of CAPM assets for determining the volatility of financial assets. The sampling was for convenience, because the banking entities had to maintain daily share prices for a period of one year and be expressed in US dollars. The results obtained were from Banco de Guayaquil, PRODUBANCO and Banco Pichincha and indicated that the prices of the shares that have the highest risk belong to Banco Pichincha, therefore, their performance tends to be mostly volatile and consequently negative. In conclusion, the banking financial sector in 2020 presented high volatility in the price of Banco Pichincha shares followed by Banco de Guayaquil and as a viable option to invest was the PRODUBANCO bank, which generated positive returns.

This article is developed with the objective of analyzing the violation of the right to defense as a guarantee of due process through the legal procedure of reserved investigations in criminal matters. For this, a type of descriptive research with a qualitative approach was used, with the purpose of illustrating about the characteristics and legal nature of the right to defense as well as due process and how this can be seen violated through the exercise of investigations with reserved character. With what was obtained as a result that the reserved investigations are used when in a justified and substantiated manner there is the presumption that the development of the investigation may have some type of hindrance, however in legal practice this procedure is often misused to the point that the access of the intervening parties is prevented, which limits the right to defense, mainly of suspected persons, even when the law requires that the right to defense must be respected in all proceedings. It is concluded that, as analyzed in Colombian legislation, it is meritorious that the action of a competent and impartial authority be incorporated into the Ecuadorian legal system whose objective is to regulate, verify and control that the investigative actions carried out by the prosecution are framed in the guarantees of due process, thus ensuring effective protection of the rights of the accused.

This article is developed with the objective of analyzing restorative justice as a legal criterion framed in the principle of ultima ratio as a containment dam for the punitive action exercised by the State through criminal law. For this, a type of descriptive study with a qualitative approach was used with the purpose of illustrating the characteristics, qualities and nature of the principle of ultima ratio and restorative justice, and its applicability in the Ecuadorian legal system in criminal matters. From which it was obtained as a result that both the Constitution and the Comprehensive Criminal Organic Code recognize the principle of minimal criminal intervention, as well as the legal validity of restorative justice, however the rules of application of the latter propose that this type of justice is subject to the achievement of the criminal procedure, serving as an accessory element in the execution stage of the sentence, without the custodial sentence imposed being replaced or reduced. It is concluded that the Ecuadorian criminal legal regulations must reformulate the rules of application of restorative justice by virtue of its purpose being fulfilled, which consists of applying alternative means and measures to the rigor of the sanctions and penalties derived from criminal law when the crime by its nature so allows.

This article analyzes the effectiveness of the use of alternative precautionary measures in the face of the automated application of preventive detention in Ecuador. This is done from an essentially hermeneutical methodology, which analyzes the current situation regarding prison overcrowding as well as the nature and characteristics of the precautionary measures and preventive detention that are established in the Ecuadorian legal system (Organic Integral Penal Code). With which it was obtained as a result that the excessive use of preventive detention causes an overcrowded population in prison, this by virtue of the lack of an optimization mandate to apply alternative measures to preventive detention, which are less harmful to the right to freedom , as is the case with electronic geolocation devices accompanied by house arrest. Concluding then that non-custodial measures show efficacy to guarantee the purpose for which they were created, this framed in the permissibility of the law to order the imposition of one or several, in such a way that through a weighing trial, attending to the principle of proportionality, the judge can impose these measures in conjunction with the electronic surveillance device to ensure compliance and therefore the purpose pursued with them.

The present work aims to establish the impact of the National Sanitation Policy and Public Investments in the sanitation services of the city of Lima and Callao, which has a population of 9.6 million inhabitants and that by 2020 has a coverage of 92.4% drinking water service and 91.8% with the sewage service.Considering that the National Sanitation Policy aims to provide access to these services to all residents of urban areas by the year 2021 and the universalization of services in a sustainable manner before the year 2030 (PNS-2017), establishing as a critical factor of this success the strengthening of the Service Provider Companies - EPS and guarantee efficient Public Investments that contribute to reduce the gaps of these services, quantitative and qualitative information of a budgetary, financial nature and mainly indicators on the impact of public investments in sanitation services will be analyzed, accompanied by statistics and regression models, which verify the reasons why at the end of 2020 there are still 731 thousand people that lack drinking water and 793 thousand without sewage service, which is explained in part by the absence of a correct diagnosis in public policy on the legal and technical framework that exists in the execution of efficient public investments.

The objective of this study was to determine the relationship that exists between the management of remote education and virtual tutor skills in Educational Institution 1279 - Huaycán, Lima 2021. The type of research is basic, the level of research is descriptive correlational, the type of research design is non-experimental, cross-sectional, and the approach is quantitative. The sample was intentional and consisted of 50 teachers from the educational institution. The technique used for data collection is the survey and the instruments were two questionnaires applied to teachers: for the first variable with 21 items and the second variable with 23 items. The validation of the instruments was through expert judgment and for the reliability of each instrument, Cronbach's Alpha was used, with values of 0.937 and 0.915, respectively. It is concluded that there is a significant relationship between the management of remote education and virtual tutor skills, with the statistical coefficient Rho Spearman Rho = .822 and sig. bilateral = .000 < 0.01**.

The research has made it possible to determine the effect of informational and communicative technologies in the mathematical competences of 4th year of secondary school, the methodological orientation of the study responds to a quantitative approach, applied, with an experimental design of the quasi-experimental type, the collaborators who made up the sample were 60 students divided into 2 groups: 30 CG and 30 EG; who completed a test made up of 20 items rated by 5 experts with a good rating, its reliability was 0.719 according to the KR 20 statistic. The descriptive results indicate that, in the post-test, the CG predominated a 53.33% medium level and the EG a 60% high; The normality test allowed determining the application of Student's T for independent samples, the CG achieved a mean of 11.13 and the EG 14.30 with a sig. = 0.000, the positive affirmative hypothesis was accepted, the specific hypotheses U = 300,000 sig were also accepted. 0.021: U = 317.500 sig. = 0.042; U = 317.00 U = 223.000 with sig. = 0.036 sig. = 0.001; It is concluded that the program had effects on mathematical competences and their dimensions.

The study that is specified in this investigative work, aims to determine the effectiveness of the active pedagogical teaching methodology in the experiential learning style, the same that is analyzed from the contextual reality of an educational establishment of the Buena Fe canton, 2021. This study is of a quantitative nature, applied and a quasi-experimental design, being necessary to use a sample of 45 students from the control group and 45 from the experimental group, applying a 20-item questionnaire as an instrument to know the levels of learning according to the experiential style proposed by Kolb. In the descriptive analysis of the post-test, the students in the control group reached an unsatisfactory level in 80%, while the experimental group presented a satisfactory level in 93.33%: the inferential analysis yielded a Mann-Whitney U value of 859,500 in the pretest and a Sig. Value = 0.216, as for the post-test the value obtained was 45,000 and a Sig. of 0.000, thus all the specific hypotheses raised were also confirmed, which led to the conclusion that the active pedagogical teaching methodology it has significant effects on learning styles.