Resistances. Journal of the Philosophy of History

Guidelines on contemporary hegemonic socio-environmental rationality. Links in philosophical thought from modernity to postmodernity and its Marxian rupture

Rosabel Sotolongo Gutiérrez — 2023-12-30

This article proposes an approach to the study of the stones of hegemonic significance on which a dominating power-environment relationality is reconstructed today, from the study of the notions of power from modern and postmodern authors. It delves into its epistemic, socio-philosophical, and political gaps from the horizons of the Marxist perspective and Latin American thought.

Susceptibility of Heritage Buildings in The Canton of Pasaje to Seismic Motion

Luis Fernando Frías León — 2024-03-11

Buildings with heritage value are an exceptional testimony of the progress of a community and represent undeniable examples of the transfer of knowledge throughout generations. It is inevitable to walk through the consolidated center of Pasaje and not recognize the cultural legacy of many buildings. However, it is also easy to observe the erroneous alterations that have been made to these buildings in order to respond to the “new demands” of today. The conservation of heritage assets is necessary for the preservation of the integrity and identity of the city. The present research makes it possible to understand the level of susceptibility of buildings considered as heritage assets, since these dwellings have a cultural value. The objective of the research is to identify the seismic susceptibility to which they are exposed, using seismic evaluation matrix methods to measure the level of susceptibility in heritage buildings.

Violation of the Principle of Non-Self-Incrimination in the Abbreviated Procedure Contemplated in the Comprehensive Organic Criminal Code

Erika Ivanya Ruiz Fajardo — 2024-03-12

The objective of this research was to analyze the abbreviated procedure contemplated in the Organic Integral Penal Code (COIP), based on the criterion that certain aspects of this procedure violate fundamental rights of the investigated. Particularly noteworthy is the requirement for the defendant to admit the facts that he/she is accused of in order to access this procedure, which, according to the majority opinion of doctrinarians, compromises the principle of non-self-incrimination, the presumption of innocence and the right to a trial with all its phases. The objective of this research was to analyze the abbreviated procedure established in the Comprehensive Organic Criminal Code (COIP), in order to identify possible violations of the fundamental rights of the investigated. Specifically, it sought to evaluate how the requirement of admitting the facts charged in order to access this procedure could affect principles such as the right against self-incrimination and the presumption of innocence. Through a qualitative approach and using different methods of analysis, we sought to determine whether the abbreviated procedure, as it is configured, guarantees due process in accordance with human rights and constitutional standards. The methodology applied was based on a qualitative approach, using inductive, analytical, synthetic and exegetical methods. A documentary analysis of the bibliography related to the investigated topic was carried out, as well as of international instruments of Human Rights, the Constitution of the Republic of Ecuador, the COIP and jurisprudence related to the subject. The results of the research determined that the abbreviated procedure as regulated in the COIP benefits the State and the justice system by speeding up certain legal processes. However, it became evident that this procedure may violate essential rights of the defendant, such as the principle of non-self-incrimination and the presumption of innocence. Therefore, it is concluded that the abbreviated procedure affects due process by compromising fundamental guarantees. The research indicates that the abbreviated procedure regulated in the COIP, although it can be beneficial for the efficiency of the justice system, also carries significant risks of violating the fundamental rights of the accused. Therefore, it highlights the need to review and modify this procedure to ensure absolute respect for due process and the individual guarantees of the accused.

Environmental law in Ecuador: a comparative perspective of the Constitutional Rights to nature in the international context

Carlos Vinicio Aguirre Tobar — 2024-02-25

This study examined the increasing use of the Rights of Nature as an approach to managing land stewardship. The Constitution of Ecuador of 2008 stands out for incorporating the indigenous concept of Pachamama, recognizing nature as the holder of rights. Through the analysis of the cases of the Whanganui River in New Zealand and the Gangotri and Yamunotri glaciers in India, both in 2017, I argue that, although the discourse on individual rights is based on modern subjectivity and the constitutionalism of nation states secular, is revealed as an effective cross-cultural tool to legitimize human management of the planet in the era of the Anthropocene. He argues that the emerging rights of nature debate offers a solid foundation for terrestrial stewardship and is comprised of two key initiatives designed to overcome the limits of European modernity. This rights-based approach establishes obligations towards nature that go beyond mere human interests and recognizes indigenous knowledge as an alternative argumentative domain. Thus, indigenous worldviews become an integral part of the Rights of Nature, thanks to two fundamental aspects of the Anthropocene that are increasingly accepted and valued.

Lack of Legal Provisions Regulating the Evidentiary Aspect of Transit

Teodoro Javier Cárdenas Parra — 2024-03-13

In the area of criminal procedural law, particularly in the context of traffic, there is a lack of legal provisions regulating the evidentiary aspect to prove infractions by the competent authorities. Specifically, the lack of regulation on the use of photographs or videos as evidence hinders the law enforcement process, since neither the COIP nor the LOTTTSV or their regulations adequately address how evidence should be obtained through digital means. This regulatory gap raises questions about what aspects can be captured in digital content, how to carry out such a process and what requirements the devices used must meet. This situation justifies the need for a thorough investigation to determine what aspects should be incorporated into the traffic regulations to ensure due process. The main objective of this research was to identify the deficiencies in the regulation of the evidentiary aspect in cases of traffic infractions, as well as to propose recommendations to improve the existing regulatory framework. We sought to determine which aspects should be incorporated into the traffic regulations to guarantee due process and fair application of the law. To address this issue, qualitative research with a descriptive approach was carried out. The dogmatic-legal analytical-synthetic method was used to analyze in detail the existing legislation and regulatory gaps related to the collection of digital evidence in cases of traffic offenses. In addition, interviews were conducted with experts in criminal procedural law and relevant case law information was collected. This methodological approach allowed for an in-depth understanding of the challenges and possible solutions in this area. The results of the research revealed important gaps in the regulation of the evidentiary aspect in cases of traffic offenses. Problems related to the lack of clarity in the procedures for obtaining digital evidence and the absence of specific criteria for the admissibility of such evidence in legal proceedings were identified. In addition, the need to establish clear standards and adequate procedures to ensure the integrity and reliability of digital evidence in the traffic context was highlighted. This research highlights the importance of addressing the deficiencies in the regulation of the evidentiary aspect in traffic violation cases. It recommends the implementation of specific measures to improve the collection and admissibility of digital evidence, as well as the review and updating of existing regulations. This will help to ensure a fair and transparent legal process in the area of traffic offenses, thus strengthening the rule of law and confidence in the judicial system.

The Serious Crisis of The Prison System in the Centers of Deprivation of Liberty

Irene Yuglan Coello Chang — 2024-03-10

Ecuador’s prison system is facing a structural crisis of worrisome proportions. This research focuses on analyzing the various causes that have precipitated this situation, with the objective of determining the responsibility of the Ecuadorian State in this crisis. Specifically, it examines whether the State adequately fulfills its obligation to rehabilitate convicts and reintegrate them into society after the completion of their sentences. A significant absence of effective reinsertion programs for Persons Deprived of Liberty (PPL) is evidenced, which directly contributes to the current prison crisis. The purpose of this study is to critically analyze the situation of the Ecuadorian prison system, identifying the deficiencies in the rehabilitation and social reinsertion programs offered to PPL. It seeks to determine whether the State is the main responsible for the prison crisis through the analysis of various bibliographic sources and the evaluation of its compliance with its legal and humanitarian obligations towards this vulnerable group. Qualitative research was carried out, where several specialized bibliographic sources were analyzed to address the problem of the prison system in Ecuador. Relevant government reports, academic studies and legal documents were reviewed to gain an in-depth understanding of the underlying causes of the prison crisis. This methodology allowed for a comprehensive assessment of institutional deficiencies and the lack of adequate rehabilitation programs for PPLs in the country. The research findings reveal several factors that contribute to the prison crisis in Ecuador. These include overcrowding, overpopulation, institutional weakness, drug, and arms trafficking, among others. It is evident that the State does not adequately comply with its obligation to rehabilitate the convicted and reintegrate them into society, which aggravates the situation and makes the life of the PPL in prisons more miserable. This study confirms that the Ecuadorian state is primarily responsible for the country’s prison crisis. The lack of effective rehabilitation and social reinsertion programs for PPL, along with other institutional deficiencies, has exacerbated the situation. It is imperative that the State take urgent and effective measures to address these shortcomings and ensure respect for the human rights and dignity of persons deprived of their liberty in Ecuador.

Challenges and Opportunities in Implementing Artificial Intelligence in Criminal Law

María Paula Ávila Zea — 2024-03-14

The integration of technology in the field of criminal law poses significant challenges due to the lack of regulation of artificial intelligence (AI), which could compromise fundamental rights. This study focuses on addressing these challenges and proposing solutions through a comprehensive analysis of the current situation and potential implications of AI in the criminal legal system. The main objective of this research is to analyze the problems, challenges and opportunities that arise with the implementation of artificial intelligence in the criminal field. It seeks to identify the need for a specific regulation for AI in criminal law, to protect the fundamental rights of individuals and ensure a fair and equitable legal system. To address this issue, a qualitative methodological approach was adopted. A detailed literature review was carried out to examine the background, problems and challenges associated with AI in legal systems, especially in the criminal field. In addition, analyses of criteria and opinions of legal experts were conducted to obtain a deeper understanding of the situation and possible solutions. The results of this study reveal the urgent need to establish specific regulations to govern the application of artificial intelligence in the criminal field. It is highlighted that the lack of regulation represents a significant risk to fundamental rights, especially regarding the configuration of crimes with the support of AI. In addition, different dimensions that need to be addressed in regulation are identified, including basic principles and rules of law, human oversight of AI systems, and the promotion of responsible innovation in this field. This article highlights the importance of establishing effective regulation for artificial intelligence in the criminal sphere. Such regulation will not only protect the fundamental rights of individuals, but also promote responsible and progressive use of AI as a valuable tool for legal professionals. It is crucial that the regulation be comprehensive and adaptive to ensure a fair and equitable legal system in the digital age.