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artículo
Publicado 2025
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The work had its genesis in the analysis of the administrative acts in relation to the application of the approval to terminate the labor relationship between employers and workers, the research was developed through techniques or information tools such as the descriptive and qualitative method which allowed the collection of a vast amount of reliable information. This made it possible to identify the deficiencies and limitations that exist on the part of the labor inspector in relation to notification and response times, which prevents the parties involved from being unable to present solid evidence to support their petition. The results were clear and precise in identifying the problem in relation to this administrative act, therefore, it is concluded that this should be known and dealt with by the corresponding specialized jurisdiction, guaranteeing respect for due process and legal c...
2
artículo
Publicado 2025
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The testimonial declaration in telematic hearings has revolutionized the Ecuadorian judicial system, offering both advantages and significant challenges. The objective of the study is to analyze the testimonial declaration procedure in telematic hearings in the civil sphere, with emphasis on the judicial system in Guayaquil, Ecuador. It is a legal investigation with a mixed focus, with an analysis of legal regulations and jurisprudence related to the testimonial declaration in telematic hearings within civil courts. The techniques and instruments provided direct observation and guide to surveys with closed questions applied to new lawyers specializing in the civil area. The results show a lack of clarity, which is partly due to the absence of specific legislation on how testimonial statements should be carried out in telematic hearings. It is concluded that, the investment in technology,...
3
artículo
Publicado 2025
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The article analyzes the deficiencies of the traditional model based on oppression and punishment, and proposes restorative justice as an alternative tool for conflict resolution. The objective is to evaluate how restorative justice could mitigate the deficiencies of the penal system, benefiting victims and offenders. To do so, a qualitative approach is used, the design is documentary and analytical-synthetic, inductive, comparative legal and exegetic methods are applied. The results indicate that restorative justice is an important resource in relation to the Ecuadorian penal system, even more so in cases where mediation is more advantageous than the adversaria system. However, there are obstacles such as the absence of precise instructive norms and the lack of training for justice operators. It is concluded that restorative justice acts in the compensation of the damage caused and in r...
4
artículo
Publicado 2025
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The rights of children and adolescents, as well as other beneficiaries entitled to support, are a priority that must be asserted. The objective is to determine the impact on the principle of the best interests of the child of the lack of legal regulations that enable the timely and proportional payment of child support by obligated payers with multiple households. The approach is mixed, descriptive-analytical, and statistical information was collected from the Ecuadorian Automatic Judicial Processing System (SATJE) and the Single System of Child Support (SUPA). The SUPA results reveal pensions below $200, and 22% of the cards are for pensions under $100. This demonstrates a clear inequality in the distribution of resources and compromises the best interests of the child. In conclusion, the application of proportional support in Ecuador presents deficiencies in its implementation, as effe...