Political Questions

La Agenda 2030 para el Desarrollo Sostenible a debate: Mitos y realidades

Jorge J. Villasmil Espinoza — 2024-03-18

The commonly called Agenda 2030 is a document that defines the objectives for the achievement of sustainable development (SDGs) in the world, which is why it is a crucial document for the progress of humanity; However, there is a lot of misinformation on the subject, in many cases propagated by youtuber who are not specialists in the subject but their message acquires a great diffusion, consequently, this presentation has two purposes, first, to serve as a presentation to the January-March 2024 edition, corresponding to volume 42, number 80 of Cuestiones Políticas; second, to serve as an editorial through the reflection of a subject of international interest. It is concluded that historical documents such as the Universal Declaration of Human Rights of 1948, or the 2030 Agenda, are a fundamental referent that accounts for the highest ethical principles of humanity and the most pressing issues to be resolved in the world, to ensure a life of dignity and quality to the human person and all forms of higher life that make up the biosphere.

Reflexiones acerca del matrimonio igualitario en el Ecuador ¿Replantear el Código Civil?

Yohana Patricia Bailón Salvatierra — 2024-03-18

The research aims to reflect on egalitarian marriage in Ecuador in relation to the need to rethink the Civil Code. The methodology used is descriptive with a qualitative design; otherwise, the sources of information selected were normative, doctrinal and jurisprudential. In addition, the analytical method, documentary observation and mixed cards were used as the instruments of the case. The results obtained show that equality is included in the list of human rights; marriage in Ecuador has constitutional rank and, according to jurisprudential criteria and opinions of international organizations, the panorama for egalitarian marriage is broadened. The most relevant conclusion is that the action to rethink the Civil Code in Ecuador in terms of equal marriage, does not necessarily require a pronouncement of the Legislative Function, but the argued and solid jurisprudence seems to be on par with the demanding and emerging changes of society.

Garantías políticas y la naturaleza en la Constitución de la República del Ecuador de 2008

Miguel Ángel Lozano Espinoza — 2024-03-18

The article aims to analyze the guarantees of public policies as mechanisms for the protection of the rights of nature in the 2008 Constitution of the Republic of Ecuador. Therefore, the research is documentary and descriptive, with the purpose of knowing with precision elements related to constitutional guarantees, the rights of nature as a legal subject and the incidence of the so-called political guarantees in these rights of nature, so the method applied is analytical. The rights of nature can be the object of public policies for their care and protection, but what is important is the effectiveness of the measures, plans or programs implemented within the framework of a public policy, since their execution is worthless if there is no real effect on the maintenance of the processes, cycles and elements of the ecosystems. It is concluded that environmental public policies should be structured in such a way that they are adapted to existing resources and expected needs, with clear and achievable measures and that there is political and social will for their observance and compliance, with criteria of participation and inclusion.

Los estados de excepción en Ecuador y su impacto en el derecho al turismo: Estudio de los Decretos Ejecutivos No. 110 y 112

Leo Ruperti León — 2024-05-24

In January 2024, two Executive Decrees were issued declaring a state of exception due to the serious internal commotion and the existence of an internal armed conflict. This dictation entailed the restriction of certain rights that directly affect the free development of activities related to tourism. This paper attempts to determine the impact of states of exception in Ecuador on the exercise of the right to tourism, with special emphasis on Executive Decrees No. 110 and No. 111. The methodology used is bibliographic and descriptive, with the application of the content analysis technique. The legal relationship between the validity of a state of emergency and the protection of tourism is a link that requires precise examination, given the various factors involved: on the one hand, there is the power of the State to maintain peace and public safety, and on the other, the freedom of people to rest, leisure and enjoyment. It is concluded that
the Ecuadorian State in the midst of the exceptionality must guarantee: the integrity and rights of tourists and safeguard the tourist activity in general.

¿La Oposición o las Oposiciones en América Latina? Una retrospectiva en Venezuela

Jiuvant Geovat Huerfano — 2024-05-24

The contextualization of political and social phenomena is essential to apprehend them scientifically. The dissertation on the political nature of the phenomenon is a task undertaken by scholars and political actors attracted by institutional power. In democracy, one of the factors to contextualize are the political actors who compete for power. In this order, considering them an organic body makes it impossible to observe their complexity. Therefore, it is proposed to study the diversity of actors who seek power, not as opposition, but as oppositions. The present study is based on the hermeneutic method and was supported by a documentary-type investigation, which interprets the facts found through statistical data, obtained in various presidential election processes in Latin America: Argentina, Brazil, Colombia, Costa Rica, and Venezuela. These countries are considered because their electoral system is direct and multiparty. In them, we observe that on the electoral card there are more than two candidates competing for the presidency. Concluding that there are two types of opposition: those that oppose the government and those that oppose each other: the oppositions.

Conflictos de migraciones y tráfico de personas: Reflexiones generales

Freddy Lenin Villarreal Satama — 2024-05-24

The objective of this research is to provide a general reflection on migration conflicts and human trafficking, from a reflective and general perspective. This effort is justified by the fact that geopolitical, ethnic and economic conflicts give rise to massive migrations worldwide. Civil wars, political and ethnic persecutions, environmental disasters, force millions of people to migrate in search of better opportunities. Africa, the Middle East, Eastern Europe and Latin America face this problem due to wars, while Latin America struggles with poverty and crime. In Africa, protracted conflicts in countries such as South Sudan and the Democratic Republic of Congo trigger migration flows and forced displacement that governments have failed to resolve. Methodologically, it was descriptive and documentary and made use of the collection of scientific articles from specialized journals and international press releases. It is concluded that the relationship between armed conflicts, migration and human trafficking has posed significant challenges for the international community. Governments, non-governmental organizations and humanitarian agencies have worked hard to address these problems, but sustainable solutions require a comprehensive and long-term approach.

Mano de obra y máquinas: Del desplazamiento de la Revolución Industrial a la precarización laboral de las plataformas de transporte y delivery

Alfredo Stornaiolo Pimentel — 2024-05-24

The article aims to analyze the role of the Luddites in social protest and the implications of the appearance of this rebel group at that time in history and its possible projection towards a future union protest. To achieve this, the following aspects have been thought about: 1) The similarity of the original Luddites and the neo-Luddites in terms of their rebellion and opposition to technological advance. 2) The possible relationship of those protests with Marxist ideologies regarding the class struggle. 3) The ethical dilemmas caused by technological advance and the problems caused: machines at the time, pollution, job insecurity on transport and delivery platforms, and invasion of artificial intelligence today. The method used for the research was based on historical exploration in certain documents and the analysis of the Luddite discourse and the current neo-Luddite discourse. In conclusion, it can be said that the social protest and the destruction of machines by the Luddites was not only due to technophobia, but also had a content of class struggle, and left a legacy of rebellion to future social organizations. The current protest also has other motivations.

Intellectual property rights issues in the digital era

Larysa Didenko — 2024-05-24

The development of information and communication technologies, typical of the digital era, is accompanied by the emergence of new objects of civil relations. Some of such objects are the result of intellectual and creative activity and, consequently, become the subject of intellectual property rights. However, technology is developing faster than legislation. Therefore, many problems arise in the field of intellectual property due to contradictions and gaps in national legislation. This paper aims to identify the most important difficulties in the field of intellectual property and find ways to overcome them. The article pays special attention to the problems of copyright infringement on the Internet. The need for the development of virtual libraries is considered as one of the directions of knowledge dissemination with simultaneous protection of copyrights. The preventive means of copyright protection against infringement on the Internet are analyzed. It is concluded that, recently, the innovative or digital economy increasingly prevails over the industrial economy, which indicates the beginning of the transition to a digital society.

La Patria Potestad en el Derecho Español: Importancia y relaciones con el derecho ecuatoriano

Mayra Roxana Bravo Zambrano — 2024-05-27

The present investigation has as a general objective to reflect on the Parental Authority in Spanish Law, in attention to its importance and relations with Ecuadorian Law. The analytical method for descriptive and documentary research was used, the sources are both printed and digital documents, among them are the Spanish Constitution, the European Convention on the Exercise of Children’s Rights, the Spanish Civil Code, the Ecuadorian Civil Code, doctrinal opinions. The use of this methodology made it possible to establish three core aspects: 1. Conceptual notion of parental authority in Spanish doctrine, 2. Normative considerations of parental authority under the Spanish Law approach, and 3. Relations between parental authority in Spain and parental authority in Ecuador. It can be concluded that parental authority is a legal, family and social institution that is born from the parent-child relationship and generates rights and obligations for both, which are based on the best interests of the child or adolescent; In addition, both in Spain and in Ecuador, the regulation of the figure obeys the best interests of the child or adolescent, as well as the safeguarding of their rights and free development of their personality, since it transcends the family sphere and settles in the social field.

La acción extraordinaria de protección ante las decisiones de la justicia indígena

Priscila Dayanna Laaz Hidrovo — 2024-05-27

Ecuador is an intercultural and Plurinational State, so each person can access justice within the parameters of the Constitution, this includes indigenous justice. Therefore, the objective of this article is to analyze the scope of the extraordinary action of protection in the face of indigenous justice decisions. It is predominantly qualitative research that uses doctrinal, normative, and jurisprudential sources; It is documentary type, and its level is descriptive. Both in the doctrine, the norm, and the jurisprudence it is considered that the extraordinary action of protection is a guarantee embodied in the Constitution to maintain the balance that, particularly, ordinary justice deserves with the indigenous justice and to request it the extremes must be met. legal provisions containing articles 65 and 66 of the Organic Law of Jurisdictional Guarantees and Constitutional Control. Among the conclusions, it stands out that the scope of the action in terms of decisions emanating from indigenous justice reflects respect for the ancestral customs and unique dynamisms of nationalities, peoples, and communities, but without undermining the line that divides the self-determination of abuse and disrespect for human rights.