Religación
https://revista.religacion.com/index.php/religacion
<p><strong>RELIGACIÓN</strong> (ISSN 2477-9083), is a multidisciplinary electronic scientific journal edited by the Centro <a href="https://www.religacion.com/publicaciones.html" target="_blank" rel="noopener">CICSHAL-RELIGACION</a>, (a center associated to Latin American Council of Social Sciences <a href="clacso.org.ar/" target="_blank" rel="noopener">CLACSO</a>), focused on the intersectional dialogue of social sciences and humanities.</p> <div id="gtx-trans" style="position: absolute; left: 487px; top: 12.6667px;"> <div class="gtx-trans-icon"> </div> </div>CICSHAL-RELIGACIÓNen-USReligación2477-9083The impact of alimony on the deprivation of liberty: analysis of the violation of human rights and dignity in the Turi rehabilitation center
https://revista.religacion.com/index.php/religacion/article/view/1191
<p style="font-weight: 400;">The Turi Rehabilitation Center in Ecuador faces significant challenges related to the violation of the human rights and dignity of persons deprived of liberty, especially those incarcerated for issues related to alimony. This article addresses this issue, examining the legal context and living conditions in the center, as well as the implications for the physical and psychological well-being of detainees. The objective of this article is to investigate and analyze the conditions of persons deprived of liberty for failure to pay alimony at the Turi Rehabilitation Center, Ecuador, and to evaluate the impact of these situations on their human rights and dignity. In addition, it seeks to identify the main causes of these problems and propose recommendations to improve the treatment and protection of human rights in the center. A comprehensive methodology combining semi-structured interviews, documentary and statistical analysis was used. The interviews were conducted with persons deprived of liberty in the center, while the documentary analysis focused on relevant legislation and prison regulations. Statistical data were collected on cases of alimony and rights violations at the facility. The results reveal precarious living conditions in the Turi Rehabilitation Center, with extreme overcrowding, lack of basic services and frequent human rights violations. A high incidence of detainees incarcerated for alimony debts was found, raising questions about the effectiveness of this measure. In addition, a significant correlation was identified between overcrowding and the incidence of rights violations. This article highlights the urgent need for structural reforms in the Ecuadorian prison system to ensure respect for the human rights and dignity of all persons deprived of liberty. Recommendations are proposed to improve oversight and enforcement, address the underlying causes of alimony-related crime, and reduce overcrowding in the facility. These measures are fundamental to promoting a fairer, more equitable and humane criminal justice system in Ecuador.</p>Karina Paola Sotomayor CrespoEnrique Eugenio Pozo Cabrera
Copyright (c) 2024 Karina Paola Sotomayor Crespo, Enrique Eugenio Pozo Cabrera
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2024-03-152024-03-15939e2401191e240119110.46652/rgn.v9i40.1191The applicability of restorative justice in ecuadorian criminal law as an objective restorative process
https://revista.religacion.com/index.php/religacion/article/view/1190
<p style="font-weight: 400;">The evolution of criminal law towards more restorative approaches has generated a growing interest in restorative justice as a tool for resolving criminal conflicts. This approach seeks to satisfy all parties involved in the conflict, including the offender, the victim, and the community at large. In the Ecuadorian context, there has been particular interest in exploring the feasibility of implementing restorative justice as a new criminal process for the resolution of conflicts arising from punishable offenses. The main objective of this research is to identify and analyze the main characteristics of restorative justice, to evaluate its feasibility and implementation within the criminal justice administration system in Ecuador. A qualitative approach was used to analyze various conceptual, normative, and dogmatic categories related to restorative justice. Through this approach, logical and reasoned arguments were constructed to support the applicability of restorative justice in the Ecuadorian legal context. The results obtained from this analysis reveal a series of essential fundamentals that provide an adequate understanding of restorative justice. These fundamentals are key to promote its applicability in the Ecuadorian legal system and highlight the importance of considering alternative methods for conflict resolution in the criminal justice system. The implementation of restorative justice in the criminal justice administration system in Ecuador presents a significant opportunity to improve conflict resolution and meet the needs of all parties involved. The rationale identified in this research supports the feasibility and importance of adopting more restorative approaches in the criminal setting, which can lead to greater efficiency and fairness in the delivery of justice.</p>María Elena Prieto CentenoAna Fabiola Zamora Vázquez
Copyright (c) 2024 María Elena Prieto Centeno, Ana Fabiola Zamora Vázquez
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2024-03-142024-03-14939e2401190e240119010.46652/rgn.v9i40.1190Legal vacuum in the integral organic penal code with respect to the need for the defendant to appear for the taking of the anticipated testimony
https://revista.religacion.com/index.php/religacion/article/view/1180
<p>The present research topic is crucial due to the violations currently facing the criminal process in Ecuador, especially in relation to anticipated testimony. The Comprehensive Organic Criminal Code (COIP) does not regulate the appearance of the suspect in this procedure, which seriously affects his rights, including the principle of contradiction and the right to defense. This lack of regulation compromises the integrity of the process and the fundamental constitutional and legal guarantees. The study seeks to demonstrate this violation and propose a reform to the COIP to correct this deficiency. The objective of this study is to demonstrate the violation of due process in the context of anticipated testimony, due to the absence of the suspect’s appearance. It is intended to demonstrate how this situation affects the principle of contradiction, immediacy and the right to defense, through the analysis of legislation and jurisprudence. The ultimate goal is to propose reforms to the COIP that correct this deficiency and restore the integrity of the criminal process in Ecuador. A qualitative approach was used for this study, employing inductive-deductive, analytical-synthetic and dogmatic-legal methods. The inductive-deductive method made it possible to analyze the regulations and jurisprudence to identify patterns and deduce conclusions about the violation of the suspect’s rights. The analytical-synthetic method facilitated a detailed understanding of the current situation and the identification of potential solutions. Finally, the dogmatic-legal method was used to examine the legal regulations and their application in practice, identifying deficiencies requiring reform. There is a serious violation of the suspect’s rights in the Ecuadorian criminal process, specifically in relation to anticipated testimony. The suspect’s failure to appear for this procedure compromises the principle of contradiction, immediacy and the right to defense, both for the suspect and the victim. This situation demonstrates the urgent need to reform the COIP to ensure a fair and equitable criminal process. It is imperative to propose a reform to the Comprehensive Organic Criminal Code to address the lack of regulation on the appearance of the suspect in the anticipated testimony. This reform is crucial to restore the integrity of the criminal process in Ecuador and guarantee respect for the fundamental rights of all parties involved.</p>Viviana Alexandra Pauta PoloAna Fabiola Zamora Vázquez
Copyright (c) 2024 Viviana Alexandra Pauta Polo, Ana Fabiola Zamora Vázquez
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2024-03-112024-03-11939e2401180e240118010.46652/rgn.v9i39.1180Labor rights of pregnant women in The National Police Ecuador 2022
https://revista.religacion.com/index.php/religacion/article/view/1135
<p>The objective of this work is to review a case on jurisdictional guarantee of protection action and its relationship with the possible violation of the rights of pregnant women within the National Police of Ecuador, in order to determine whether or not the rights of pregnant women are violated in this institution. rights of pregnant women through the application of a study of the law. Deductive, inductive, synthetic, analytical, hermeneutic, documentary and case analysis methods were used as methodology. As a result, in the National Police of Ecuador, the labor rights of pregnant women are violated despite having broad regulatory recognition, in addition to having to activate the judicial apparatus to be able to enjoy rights that already exist but that Patriarchal behavior and thinking cannot be guaranteed in an ideal way. Therefore, it is concluded that in the police institutions of Ecuador, the already recognized rights of pregnant police officers are violated, based on the review of cases and study of Ecuadorian legislation.</p>Hemmily Valeria Mera MeroCristhian Daniel Bailón PincayHeidi María Hidalgo Angulo
Copyright (c) 2024 Hemmily Valeria Mera Mero, Cristhian Daniel Bailón Pincay, Heidi María Hidalgo Angulo
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2024-02-272024-02-27939e2401135e240113510.46652/rgn.v9i39.1135Regular Micro Importers and Their Impact on Customs Tax Payments in Manta
https://revista.religacion.com/index.php/religacion/article/view/1158
<p>International trade is a vital component of the global economy, and micro importers play a significant role in this landscape. The general objective of this study is to analyze the incidence of regular micro importers in customs tax payments in Manta, Ecuador. To conduct this study, a mixed methodology was employed, combining quantitative analysis of customs records with qualitative analysis of interviews. A descriptive-correlational design was used to examine the incidence of tax payments by micro importers. The sample included 50 participants selected through stratified sampling. During the research process, statistical techniques and thematic content analysis were applied. The results obtained in this study shed light on the complexity of international trade in the context of micro importers in Manta. They emphasize the importance of adaptability and strategic management as key tools to address emerging trends and challenges in this highly dynamic market. Furthermore, the results highlight the need for policies that balance risk and growth, as well as the relevance of efficient logistics and facilitating fiscal policies to support micro importers. Ultimately, this study concludes by emphasizing the interconnection of various commercial variables and advocating for a holistic approach in the formulation of strategies and regulations. These findings provide a comprehensive understanding of the situation of micro importers in Manta and offer valuable guidance for the development of effective trade policies and strategies in the context of international trade and customs operations.</p>Cristopher Leonardo Naranjo ÁvilaCarmen Liliana Mera Plaza
Copyright (c) 2024 Cristopher Leonardo Naranjo Ávila, Carmen Liliana Mera Plaza
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2024-02-262024-02-26939e2401158e240115810.46652/rgn.v9i39.1158