Resistances. Journal of the Philosophy of History 2023-09-16T21:09:55+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 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 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 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 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 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