Resistances. Journal of the Philosophy of History 2024-01-01T00:24:54+00:00 Isabel González Open Journal Systems <p><strong>Resistances</strong> (ISSN 2737-6222), is a refereed academic journal (double-blind), published under the continuous publication system in two issues per year (January-July and August-December) in Spanish, Portuguese, and English. Resistances is edited by the Centro de Investigaciones en Humanidades y Ciencias Sociales de América Latina (CICSHAL-RELIGACIÓN), a center associated with CLACSO. The journal is inspired by the resistance experience of Dolores Cacuango, who promoted processes of struggle and political participation that allowed great advances in the achievement of the rights of peasants and indigenous people, and oppressed sectors of the region. This constitutes a reference to our intention to make visible and revalue a philosophical praxis committed to historical and social reality.</p> A methodological leap for the philosophical analysis of Ecuadorian cinema 2023-06-19T20:14:34+00:00 César Augusto Solano Ortiz <p style="font-weight: 400;">Since the emergence of cinema, philosophy has been present in cinematographic creation as an essential element that accompanies audiovisual expression and the narrative language of films. However, Ecuadorian cinema does not have a specific method of philosophical analysis of the problems that the films address. That is why in this study the objective of developing a methodological proposal for philosophical analysis was established through a bibliographic and cinematographic review to know the philosophical incidents in Ecuadorian / contemporary cinema. For which, a qualitative methodology was implemented, based on a grounded theory and a bibliographic, theoretical and cinematographic review on the constitution of the method of analysis and the relationship between philosophy and cinema. In this sense, it was concluded that contemporary Ecuadorian cinema needs a methodological proposal for its philosophical analysis, since the problems it addresses are of fundamental importance to understand the social, economic, political, psychological, ethical and moral conditions that affect individuals. of Ecuadorian society.<br><br></p> 2023-07-06T00:00:00+00:00 Copyright (c) 2023 César Augusto Solano Ortiz Finitude and woman 2023-11-07T20:06:28+00:00 Sol Pelaez <div> <p><span lang="EN-US">This article explores the connection among woman, sex, and finitude. In stuying finitude, the argument follows the articulation of finitude with woman. In a first part, it discusses three “women” writers—Virginia Woolf, Simone De Beauvoir, and Hélène Cixous—to establish their thoughts on woman in terms of finitude. The three of them are identified as women and yet they problematized what to be a woman is. In tracing their thoughts on finitude and woman, sexual difference –the body as enjoying emerges as an issue. Thus, in a second part, it discusses two seemingly opposed positions—Lacanian psychoanalysis, with Joan Copjec, and deconstruction, with Derrida—to think further about the question of woman, sexual difference, the “two,” and finitude. This study compares the Lacanian feminine side with the movement of deconstruction and establishes the necessity of thinking a “two” beyond the binary of phallogocentrism. My thesis is that thinking finitude with woman leads us to a non-oppositional two that correlates with sexual difference. The Lacanian feminine side, and Derrida’s deconstruction aim to think these two logics, delineating two sides: a male one (comparable with phallogocentrism) and a feminine side (comparable with the movement of deconstruction). If the male side considers finitude (death) as the limit of life, the feminine side opens to death and life, and the in-finitude of the undetermined and undecidable. In thinking finitude with woman, the knowledge of what to be a woman is, becomes undetermined and undecidable. </span></p> </div> 2023-11-07T00:00:00+00:00 Copyright (c) 2023 Sol Pelaez Visual and semiotic construction of inclusive education 2023-11-14T20:28:43+00:00 Aldo Ocampo González <p class="p1">This article questions the semiotic nature of inclusive education and its ontological, visual and epistemic regulation problems. This problem begins to become evident when a good part of the heuristic consciousness of special education is taken literally as the natural language of a blank intellectual space but highly generative in the transformation of pedagogical knowledge. Such transference became the crystallization of a universal semiotic model that reaches its effectiveness through the castration of the semiological identity of the inclusive, which strengthens a system of edipization of its signs and, with it, places of manifesting a system of deviation on its implicit ontological properties. As a result of this operation, its different types of enunciation agenciamientos are the object of confusion and tervigersation, especially on its authentic semiological units. We are in the presence of a strategically intentional operation that contributes to castrate the question of the signs of inclusiveness and, consequently, to install a system of edipization on its object. The method employed is that of critical documentary review. The paper concludes that, by imposing the face of special education as part of the heart of inclusive education, the intention of connecting its two types of representations is omitted, which can also be interpreted as particular formations of power, through which a particular mode of operation is designated and consolidated through a system of generalized decoding of its semiotic signs and flows.</p> 2023-12-21T00:00:00+00:00 Copyright (c) 2023 Aldo Ocampo González Medical-legal expertise for medical malpractice. Approach to the Ecuadorian reality 2023-09-15T22:56:33+00:00 Edwin Gabriel Díaz Loor Juan Carlos Pérez Ycaza <p>Complaints for medical liability in Ecuador have increased in the last decade as a result of the criminalization of professional malpractice established in the Comprehensive Organic Criminal Code; the investigation is complex, and the legal medical expertise becomes a fundamental piece in the conflict. 10 expert reports of cases of medical malpractice in Ecuador are reviewed, Ecuadorian legislation is analyzed and the literature on the subject is reviewed. The lack of protocols or procedural guides was identified, the reports do not have a structure and are the result of the discretion of the designated expert. An expert action protocol is proposed that will facilitate the activity of the expert and greater objectivity in the investigation.</p> 2023-09-10T00:00:00+00:00 Copyright (c) 2023 Edwin Gabriel Díaz Loor, Juan Carlos Pérez Ycaza Criminal Medical Liability for Omission in Health Emergencies 2023-09-26T01:37:37+00:00 José Luis Arroyave Pico Sergio Hernando Castillo Galvis <p>The article addresses criminal medical liability for omission in health emergency situations, due to the doubts that still exist about medical action in these circumstances and the possible legal consequences for negligence, incompetence, and recklessness. Medical liability includes the moral obligation to answer for one’s own acts and to repair or compensate for harmful consequences for third parties. The shortcomings in Ecuadorian regulations regarding medical action in health emergencies are identified and it is sought to contribute to the academy with knowledge publications. It analyzes the normative and factual elements of criminal medical liability for omission in health emergency situations in the Republic of Ecuador and seeks to identify the regulatory framework in Ecuadorian legislation to overcome inadequate medical performance in these situations. Knowledge of the legal regulations contributes to overcoming the responsibility.</p> 2023-09-24T00:00:00+00:00 Copyright (c) 2023 José Luis Arroyave Pico, Sergio Hernando Castillo Galvis Prohibition of donor anonymity in assisted human reproduction techniques to ensure the right to identity 2023-06-01T22:27:42+00:00 Diana Cristina Álvarez Yumbla Wendy Marisol Ávila Suárez <p>The present work studied the relationship between the right to identity in all its sphere and the prohibition of anonymity of gamete donors in the application of assisted human reproduction techniques. The methodology used was developed from a qualitative approach, using inductive-deductive, dogmatic, historical-logical, comparative and analytical-synthetic methods, the technique applied was the bibliographic review of law, doctrine and jurisprudence. As a conclusion, the violation of rights was established by the lack of a law regulating the anonymity of donors. Additionally, it is suggested that the Ecuadorian State should have a complete, rigid and, above all, guaranteeing regulation of the rights of those involved in assisted human reproduction techniques, especially those persons born through donated gametes.</p> 2023-07-23T00:00:00+00:00 Copyright (c) 2023 Diana Cristina Álvarez Yumbla, Wendy Marisol Ávila Suárez The dematerialization of documents as a process of modernizing notarial actions and the principle of legal certainty 2023-09-13T03:23:59+00:00 Monica Alexandra Clavijo Sicha <p>He development of the present research is based on the legal and constitutional arguments that allow promoting the modernization of the Ecuadorian State, considering the dematerialization of notarial actions and their relationship with the principle of legal certainty. The methodology used was a qualitative, descriptive approach, using structured interviews as a data collection instrument directed at notaries and lawyers. The main results indicate that indeed the dematerialization of documents is perceived as part of the State's modernization process and aligns with the principle of legal certainty, thanks to the established procedures. However, it is necessary to keep the information system updated according to technological advances to strengthen the user's trust in the system. Additionally, constant training for notarial staff and simplification of procedures for obtaining information are essential aspects to be considered.</p> 2023-10-31T00:00:00+00:00 Copyright (c) 2023 Mónica Alexandra Clavijo Sicha The guilt of omissive conduct in the practice of medicine 2023-09-16T21:09:17+00:00 Raphael Steeven Banda Tapia Juan Carlos Álvarez Pacheco <p>The research is developed with the use of deductive and descriptive analytical methods used to obtain information on doctrine and jurisprudence and to establish and describe specific situations in the field of Ecuadorian Medical Law respectively. The main objective is to provide scientific and doctrinal tools to understand guilt in cases of omissive conduct in Ecuadorian medical practice, as well as its comparison with other countries such as Colombia, Mexico, Cuba and Argentina, the results of the research show that the doctrine in the relationship to the categories of Omission, Guilt, Guarantor Position and Permitted Risk is broad and is based on scientific-doctrinal advances of the Normative Conception of Guilt comprised between 1995 and 2022. To establish useful criteria and conclusions, the discussion focuses on defining what is considered “guilty” in the context of Medical Law, highlighting the importance of elements such as the objective duty, the harmful result and the analysis of the concomitant circumstances, emphasizing the importance of considering the context and development of the facts in cases of omissive conduct in medicine and not only the result. In relation to omissions in criminal law, a distinction is made between proper and improper and finally, it concludes by suggesting the modification of article 146 of the Organic Integral Criminal Code to guarantee due process and a effective judicial protection in matters related to health in Ecuador, specifically with regard to causality in cases of omissive conduct.</p> 2023-09-15T00:00:00+00:00 Copyright (c) 2023 Raphael Steeven Banda Tapia, Juan Carlos Álvarez Pacheco Comprensive reparation from a perspective of pluralism and legal monism. Comparison of indigenous and ordinary justice 2023-08-08T20:43:26+00:00 Kevin Ismael Baculima Mora Marcelo Aquilera Crespo <p>The research aims to identify if there is a comprehensive reparation from a legal perspective between pluralism and monism in relation to indigenous justice and ordinary justice. For this, the integration of integral reparation in ordinary justice and indigenous justice is compared from a doctrinal jurisprudential point of view. Within the methods that were used, an inductive and deductive paradigm is based, which has been in charge of exposing the characteristics of the problem, that is, the etymology of conduction is studied or where the recognition of pluralism and the legal systems of indigenous communities as part of their culture. The results revealed that the Magna Carta of Ecuador recognizes the State as multicultural, establishing that indigenous peoples and nationalities have the ability to practice a legal system based on ancestral tradition, customs and own law. It is concluded that intercultural and plurinational States cannot be dialogical, concrete and guaranteeing, that is, not focus on a perspective where it is intended to solve specific and effective aspects in an inconstant and inconsequential manner. For this reason, the analyst must know the values, customs and rights, where the actions of people are regulated.</p> 2023-08-15T00:00:00+00:00 Copyright (c) 2023 Kevin Ismael Baculima Mora, Marcelo Aquilera Crespo The objective duty of care under the Anesthesiologists’ Professional Practice Act and Regulations 2023-09-15T21:05:16+00:00 Hamilton Jotyin Lama Tapia Juan Carlos Pérez Ycaza <p>The infraction of the objective duty of care (IODC) is a figure introduced in Ecuador in 2014 with the COIP, with 4 concurrent requirements. For the actions of Anesthesiologists, it is necessary to jointly evaluate: the law and regulations of the specialty, the minimum safety standards of CLASA and the documents on “safe surgery” of the WHO. We investigate in this article whether there is a relationship between the latter standards and the requirements. The objective is to find the relation and review its judicial reality. For this purpose, we carried out a documentary analysis using legal logic. As a result, we obtained a correspondence between these norms and the elements of the IODC, as well as an absence of their consideration within the evaluated sentences. It is concluded that although they are legally enforceable, these norms are not always analyzed when an alleged IODC is judged, which is why their incorporation into the judicial sphere is necessary.</p> 2023-09-07T00:00:00+00:00 Copyright (c) 2023 Hamilton Jotyin Lama Tapia, Juan Carlos Pérez Ycaza Analysis of Article 146 of the COIP - Involuntary Manslaughter due to Professional Malpractice in Ecuador 2023-09-16T21:09:55+00:00 Carlos Valentín Sánchez Sánchez Julio Adrián Molleturo Jiménez <p>This study analyzes article 146 of the Organic Integral Penal Code (COIP) of Ecuador, which deals with wrongful death due to professional malpractice. Medical malpractice is a serious problem in Ecuador’s health system, and the inadequate interpretation of this article has generated confusion in the related legal processes. The purpose of the research is to analyze the regulations of article 146 of the COIP and the gaps in legal interpretation to determine the guilt or innocence of health professionals. For this, comparative and historical methods will be used, including bibliographic review, content analysis of article 146. The expected results are to demonstrate the reasonable doubts in the proof of the malpractice crime, highlighting the importance of bioethics in legal proceedings. This study seeks to contribute to a better understanding of the legal framework and provide ideas for the resolution of malpractice and wrongful death cases in Ecuador.</p> 2023-09-16T00:00:00+00:00 Copyright (c) 2023 Carlos Valentín Sánchez Sánchez, Julio Adrián Molleturo Jiménez The Legal Antagonism Between the Action of Lesivity and its Applicability to Regular and Irregular Administrative Acts 2023-12-10T23:11:45+00:00 Juliana Vanessa Coronel Lucas Miguel Agustín Crespo Crespo <p>The article addresses the legal antagonism between the action of harm and its origin in the face of regular and irregular administrative acts in Ecuador, focusing on the tension between the resolutions of the Constitutional Court and the National Court. The problem lies in the application of the action of damages, especially in cases where administrative acts present legal defects, as was the case of ruling No. 030-18-SEP-CC. The objective is to analyze jurisprudential discrepancies and their implications for legal certainty through the principle of legality. The method used is non-experimental and explanatory, with a qualitative approach based on documentary and bibliographic analysis. The validity of administrative acts, the doctrinal and historical foundations of the action for damages, and comparative legislation are examined. The findings indicate a lack of consensus among the Courts on the applicability of the action of damages in irregular administrative acts. While the Constitutional Court favors the legal security of the administrator, by allowing the action of harm even in irregular acts, the National Court maintains that it should only be applied in regular acts or with valid defects. The conclusions highlight the importance of a coherent and uniform interpretation of the law to guarantee legal certainty. This research contributes to the understanding of administrative law in Ecuador, offering a critical perspective on the coexistence of jurisprudential rules and administrative practice.</p> 2023-12-08T00:00:00+00:00 Copyright (c) 2023 Juliana Vanessa Coronel Lucas, Miguel Agustín Crespo Crespo Presentation of the dossier. Places for testimony: history and justice 2024-01-01T00:24:54+00:00 Camilla Cristina Silva <p>Presentation of the dossier. Places for testimony: history and justice</p> 2023-12-31T00:00:00+00:00 Copyright (c) 2023 Camilla Cristina Silva Poetics of testimony: resistance, truth and affections in frames of grievance. Inés Fernández Ortega case 2023-09-13T03:13:48+00:00 Miguel Ángel Martínez Martínez <div>This paper investigates the poetic dimension of testimony in situations where grievance is woven between discourses driven by democratic aspirations and destructive dynamics of linguistic and cultural diversity. Based on the documentation of the case of Inés Fernández Ortega and ethnographies in La Casa de los Saberes, Gúwa Kúma, it will address the practices of care, the discourses of truth and resistance to the mechanisms of social reproduction, political and cultural control generated by the partisan transition in Mexico and the militarism disseminated as a reflux of violence. In this framework, the plasticity of testimony is not found only and solely in linguistic and ostensible frameworks, which are deployed with pretensions of persuasion and a truth accepted in a rational logical way, but is installed in a dynamic, clandestine and eventual way from multiple bodily expressions, counter-normative that energizes unexpected links and alternative affectivities that attests forms of inhabiting the land from vulnerability without damage, communality without exploitation and care without conditions.<br /><br /></div> 2023-12-18T00:00:00+00:00 Copyright (c) 2023 Miguel Ángel Martínez Martínez The Infiltration of Necropolitics: the Case of Turkey’s Holocaust Narratives 2023-11-06T21:50:40+00:00 Özgür Andaç <div> <p class="Standard"><span lang="EN-US">Some memories are more actively cultivated than others, manifesting the obsessive and slippery theaters of contested histories. This may encourage us to explore the ways in which representations of the past are conveyed. While Holocaust awareness has grown globally, its presence in Turkish academia has been limited since the millennium. Recent studies predominantly frame how Turkey integrates the Holocaust within the settled narratives. However, public perception has been shaped by narratives of Turkish consulates saving numerous Turkish Jews from Nazi oppression. This prevalent life-saver theme has become a cornerstone in Holocaust Memory, strengthened by various publications and documentaries. This research mainly investigates Turkey’s restrictive border policy and rescuing activities concerning the Jewish migration during the Second World War and its present-day recollections in today’s Turkey. Through a detailed case analysis, the study contends that popular historical beliefs differ from the facts. Ultimately it reads these accounts in relation to necropolitics that dictates which memories are allowed to live and which are rendered, emphasizing how even in remembrance, a politics of life and death exists.<br /></span></p> </div> 2023-12-20T00:00:00+00:00 Copyright (c) 2023 Özgür Andaç The C.C.D.’S of the Argentine Military Dictatorship and Prison Patrimonialization 2023-11-06T21:41:09+00:00 Guilherme Da Conceição De Lima <p style="font-weight: 400;">This article is a brief analysis of the Clandestine Detention Centers (C.C.D) of the last Argentine military dictatorship (1976-1983) and their heritage value. The text delves into the debate on the inclusion of C.C.Ds as historical heritage and their status as spaces for preserving a sensitive past as places of memory. The discussion aims to establish the connections between C.C.Ds as prison heritage and the memory policies of the Argentine State, intertwined with the issue of the right to truth and justice in the context of Argentine society in the present time.</p> 2023-12-19T00:00:00+00:00 Copyright (c) 2023 Guilherme Da Conceição De Lima Military dictatorship and indigenous genocide: the case of the Waimiri Atroari People and the construction of BR 174 road 2023-12-21T19:51:41+00:00 Nathanael Pereira <p class="p1">Indigenous genocide was present during Brazil’s civil-military dictatorship (1964-1985), as it was in all the periods following the Portuguese invasions of the 1500s. Using colonial ideals and the capitalist structure, development policies and invasions of indigenous lands culminated in the genocide carried out by the Brazilian Army. According to the National Truth Commission, more than 8,350 indigenous people were killed between 1946 and 1988, a number that could be much higher, given that the CNV survey only counted 10 peoples–among them, 2,650 of the Waimiri Atroari people. The main event in which the deaths of the Waimiri Atroari occurred was the construction of the BR-174 highway linking Manaus to Boa Vista. The National Truth Commission, established by Law 12.528/2011, aims to examine, and clarify the serious human rights violations committed between 1946 and 1988. Through the theoretical-methodological field of History of the Present Time, it was possible to analyze the themes listed to point out the wounds still open in national history and memory.</p> 2023-12-23T00:00:00+00:00 Copyright (c) 2023 Nathanael Pereira