Procedures that support the protection of workers in judicial instances and fundamental labor rights. The objective is to analyze the application of the principle of reversal of the burden of proof in cases of unfair dismissal in the Ecuadorian labor field. It is a dogmatic legal study, qualitative approach, documentary design. Based on a bibliographic review of the current legal regulations. The results indicate that the purpose of the evidence is to convince the judge of the disputed facts and circumstances, therefore, it is up to the plaintiff to prove the facts that he has affirmatively proposed in the claim and that the defendant has denied in his response. It is concluded that there is a tension between the protective principles of labor law and the reality of judicial practice. Although the legislation establishes clear rules to protect the rights of workers, the application of th...

This article reviews the importance of jurisdictional actions as a way to protect fundamental rights in Ecuador, emphasizing the analysis of the practice of evidence in hearings of constitutional guarantees, in the field of protection action.  The main objective is to establish the admission, assessment of the evidence and its implications for the safeguarding of human rights. The methodology used is qualitative, by virtue of which a normative, jurisprudential and doctrinal analysis is carried out in order to understand the way in which jurisdictional actions intersect with the guarantee of fundamental rights. The results found show that despite having legislation that has advanced, there are great misgivings in the implementation of the test, which affects the solution of the cases and the impartiality of the decisions.

The relationship between punitivism, legitimate defense and the perception of citizen security is a complex issue that reflects the tensions between the State's responses. The objective of this article is to analyze, from a documentary review, the impact of punitivism and legitimate defense on the perception of Ecuadorian citizen security. It was oriented towards the quantitative research approach; documentary type, with a non-experimental design and the positivist paradigm. Databases were analyzed: Scielo, Dialnet, as well as Ecuadorian norms and laws. The results were that according to the Comprehensive Criminal Organic Code (COIP), self-defense is a right that allows citizens to act to protect themselves against imminent aggression. It is concluded that the judicial and security system in Ecuador is overloaded and faces serious limitations in its ability to translate criminal sanction...

Implementing a digital process for letters rogatory and judicial assistance requests in Ecuador requires a strategic approach to enhance efficiency and transparency. First, it's essential to revise the legal framework to validate digital procedures. A secure and centralized online platform should be developed, incorporating encryption and digital signatures. Coordination among institutions like the Judicial Council, Ministry of Foreign Affairs, and Public Prosecutor's Office is vital. Training programs must be implemented to prepare staff and legal professionals. Integration with international systems will ensure interoperability and compliance with global standards. A pilot phase can help test the system in selected jurisdictions before national deployment. Stakeholder engagement and awareness campaigns will foster broader acceptance. ongoing monitoring, user feedback, and continuous up...

The General Organic Code of Procedures (COGEP) establishes the hearing as a procedure for the administration of justice, which requires lawyers to adopt a new procedural approach in the presentation of evidence. This article analyzes one of the previously detailed aspects, the admissibility of evidence, with regard to the admissibility requirements (relevance, relevance, usefulness). While it is true that doctrine is a source of law, it must contain a number of criteria regarding the admissibility requirements of evidence. This qualitative study, a systematic bibliographic review using historical-logical, documentary review, hermeneutical, and analysis-synthesis methods, aims to develop some considerations regarding evidence in this new code. Among the main findings are: the existence of evidence demonstrating that evidence has been present in judicial proceedings since before our era; T...

During the inspection procedures associated with fishing activities, it is necessary to ensure the right to defence of the holders of such authorisations, preventing their guarantees from being violated. By virtue of this, the objective of this article is to analyze the violation of the right to defense in the framework of fisheries inspections in Ecuador, based on the regulations of the Organic Law of Fisheries and Aquaculture (LOPAD) and its regulations. The inspection procedure was described, highlighting the mechanisms that guarantee the supervision and control of fishing activities so that the fishing inspections carried out by the public administration do not violate the right to defense of fishermen and fishing vessels. The methodology was qualitative; using the documentary and descriptive research method, information was collected through laws, books and other sources of informat...

The Chain of Custody is considered a fundamental element in criminal proceedings, since it depends on the validity that the judge comes. The Judicial Police, the Prosecutor's Office and all those responsible for the chain of custody must carry out their duties without any negligence, so that they are not involved in responsibilities that may be administrative, civil and even criminal. This study focuses on analyzing the elements to be taken into account in the management of the chain of custody in the Ecuadorian criminal process that guarantee the validity of the evidence. The importance of reviewing the topic lies in the need to know relevant aspects of the chain of custody and the evidentiary elements. It also includes information on the conditions and people involved in the stages of collection, shipment, handling, analysis and conservation of these elements, as well as possible chang...

Following the implementation of the Comprehensive Organic Criminal Code (COIP), Ecuadorian criminal law has shifted toward a rights-based model in which punishment is conceived not only as a sanction but also as an instrument for rehabilitation, in accordance with the constitutional principles of human dignity, defense, and due process. The study aims to analyze the right to social reintegration from a constitutional perspective, incorporating the contributions of legal neuroscience as an innovative approach. The research was conducted using a mixed approach. At the qualitative level, deductive, synthetic, and exegetical methods were applied to analyze Ecuadorian legislation, especially Article 201 of the Constitution, and its relationship with neuroscientific postulates. In the quantitative component, a survey was administered to 381 lawyers in private practice in Ecuador, selected from...

This research analyzes whether the right of access to justice is violated by the ineffectiveness of letters rogatory in the process of homologating foreign divorce judgments between Ecuador and Mexico, particularly after the breakdown of diplomatic relations in 2024. The study was conducted using a mixed approach, with a descriptive and explanatory scope, using document review, interviews with family court judges, and surveys of legal professionals. The results reveal that, although access to justice is not formally limited, the principle of procedural speed is affected. This is because the processing of letters rogatory can take up to eight months, due to the complexity of the procedure, the overload of the judicial systems, and frequent errors in the documentation submitted. Likewise, a lack of training among some justice operators was found, which contributes to delays in the resoluti...

In all procedures carried out by the General Comptroller's Office, due process must be respected and guaranteed, with compliance with terms and deadlines being key to issuing its pronouncements and avoiding expiration. The research aimed to analyze the arbitrary mechanisms used by the Comptroller's Office, in relation to articles 26 and 56 of the Organic Law of the General Comptroller's Office of the State, Ecuador. The approach is qualitative, documentary design. Directed interviews were conducted with specialists in administrative law and two cases were analyzed. The results showed the negative impact of the late issuance of resolutions on the transparency and legitimacy of administrative acts. It is concluded that the implementation of this more rigorous monitoring system and the training of staff would allow not only greater effectiveness in compliance with deadlines and terms, but a...

The Constitution of the Republic of Ecuador establishes the existence of groups of people that must receive priority attention by remaining within vulnerable groups; however, it includes only a few, since the double vulnerability that certain people face is not taken into account. or groups, as is the case of those who suffer from catastrophic diseases. In this context, a qualitative theoretical study is developed in the methodological framework since a deep theoretical exegetical documentary analysis is carried out and the expansion of the figure of ineffective dismissal is proposed, with the aim of this legal figure being inclusive and including people with diseases, catastrophic events, guaranteeing a more equitable and humane work scenario. Therefore, it is concluded that the standard must be more supportive and inclusive, 3 expanding its scope to protect all those workers who demand...