Resistances. Journal of the Philosophy of History

We are all Presentists: Towards a critique of established notions of History

Theodor Pelekanidis — 2024-11-10

The concept of presentism has been at the center of current discussions in the historical discipline. Among the efforts to define presentism, we face radically different approaches. On the one hand, we have scholars that see it as ‘a cardinal sin’ or as a vice, while on the other, there are many who recognize in it something that is unavoidable and should be understood and welcomed. In this article, we explore and discuss these contrasting positions and argue for three central virtues that presentism can bring to our understanding of the past. Through the analysis of narratives surrounding World War II and the founding of the United States, we argue that presentism: 1. allows history to be critical by motivating present reviews to established–mostly western-centric– accounts; 2. allows us to create new perspectives about the past by strategically using the tools of our present and finally, 3. welcomes pluralism rather than a single historical truth. These points allow us to defend a view of the past that is not static, fixed, and forever closed, but instead, see it as a place of debate, dispute, and constant renewal.

The Human Right to the Democracy in Mexico

Adriana Segundo López — 2024-12-29

The concept of democracy will be addressed as a progressive and interdependent human right, having the suffrage and the representative democracy as the minimum conditions in a constitutional State proud of counting on a correct division of powers and human rights so, the enjoyment of the human right to the democracy is undividable in the life project and full development of the person, and not exclusive of the citizen. By this way, the human being is dignified through the dialectic and the deliberation in the solution of social conflicts, taking advantage of his right to equality and freedom.Under the theoretical-conceptual approach that takes up the precepts and elements of democracy, through the methodology of a documentary analysis. Concluding that democracy is a purely procedural abstracted concept and exclusive of citizenship, but not of all, everyone and everyone, which prevents responsible and conscious citizen participation in their life project.

Zero Tolerance to Workplace Violence and its Impact on Workers' Rights

Wilson Alexander Procel Saritama — 2024-10-16

The violation of the principle of zero tolerance to workplace violence affects the rights and guarantees of workers. Therefore, this research was developed with the purpose of evaluating the impact of this principle through a legal-doctrinal analysis for the establishment of a balanced regulatory framework that guarantees the safety and rights of workers. A quantitative approach was used, with the implementation of 12 surveys directed to lawyers in free practice in the province of Chimborazo. The results showed that 75% of the participants consider that the new reform in the labor field allows to reinforce the protection of workers' rights. In addition, it is concluded that it is necessary to incorporate a critical constitutional analysis that covers the constitutional budgets that must be taken into account when sanctioning this type of conduct.

The ineffectiveness in economic reparation within protection actions in the province of Cañar in the period 2022

Erika Valeria Espinoza Espinoza — 2024-08-26

The present work studied the ineffectiveness of economic reparation withinn the protection actions processed in the province of Cañar in the period January-December 2022. This work was analyzed from an autonomous study of several central concepts wich in the case were constitucional guaramtees, the right to judicial protection, protective action and economic reparation. These topics were reviewed from various aspects such as: their historical trajectory. Their importance and their regulation in current Ecuadorian law. Finally, the ineffectiveness of econocmic reparation within the protection actions in the place and period of study was carefully analyzed, in wich relevant aspects and their relationship in terms of the percentage of non-compliance with their sentences an their lack of compliance could be identified of celerity. In this sense, to meet the proposed objectives, the research was carried out under a non- experimental, cross-sectional and descriptive methodology, with a mixed approach (quantitative-qualitative), in which historical-historical methods were used. Logical, inductive-deductive, analytical-synthetic and dogmatic. Likewise the techniques of signing, bibliographic and documenatry review of the protection action processes presented in the province of Cañar during were used. As a result, the ineffectiveness of the economic reparatoon in this guarantee was demonstrated, which allowed us to conclude that the current procedure to establish the quantification is not ideal to guarantee the plaintiff an expeditious procedure in accordance with the nature and purpose of the protection action.

Violation of the right to property and legal security in the coercive process of the Internal Revenue Service

Estiven Eduardo Quinatoa Díaz — 2024-10-15

Tax collection is a fundamental task for the financing of the State, but when taxpayers do not comply with this obligation, the Internal Revenue Service is forced to initiate the enforcement process. It is at this stage where the lack of clarity and consistency of the tax regulations becomes a problem for both the taxpayer and the administration, since fundamental actions such as the provision of precautionary measures, which may affect the constitutional rights of the user, are left to the discretion of the latter. The primary purpose of the study is to evaluate the effectiveness of the enforcement processes carried out by the IRS in the protection of the right to property and legal security, for which the mixed method was applied, through the implementation of surveys to one hundred users of the tax system and semi-structured interviews with legal professionals. After processing the data, a position of rejection by the population is evident in the performance of the officials executing the enforcement process, since the disproportionate provision of measures such as retention or prohibition of alienation significantly affect their rights. In conclusion, it is determined that the lack of clarity and harmonization of the tax law allows public officials to violate the principle of good faith and exceed with their actions the limits of the right to property and legal security of those affiliated to the tax system.

The constitutional principle of celerity and its non-compliance in the administration of justice in the province of Cañar in the year 2022

Karol Andrea Cabrera Calle — 2024-08-31

This essay analyzes the principle of constitutional promptness and its noncompliance in the administration of justice in the province of Cañar in 2022. The processing times of protective actions are thoroughly examined to evaluate how variability and delays affect the efficacy of the judicial system. The data shows that, although the majority of cases are resolved within an acceptable range, significant delays exist that impact the effectiveness of justice. The information provided by the Provincial Directorate of the Judiciary of Cañar forms the basis of the research, which is analyzed using statistics such as mode, mean, and median resolution times at different stages of the process. Finally, measures are proposed to improve the promptness of the administration of justice, such as establishing maximum legal deadlines, optimizing procedures, and enhancing the training and resources of judicial personnel.

Redefining economic development from a socio-environmental perspective as a foundation for the care of life

Josemanuel Luna-Nemecio — 2024-12-29

Since the end of the 20th century, the extraction rates of natural resources have increased considerably, as has the production of extremely high quantities of pollutants. These two processes, associated with the dispossession, enclosure, and privatization of common goods, have led to a context of environmental devastation and civilizational degradation, highlighting the need to redefine current economic development under a socio-environmental perspective to preserve life. From this observation, the analysis begins with a definition, characterization, and description of the dimensions, levels, processes, events, and actors that make up the environmental crisis, which is both global and multidimensional. Then, the study highlights the social movements engaged in the defense of the environment, whose main characteristic is the creation of spaces dedicated to the care of life and the living. In conclusion, the paper argued in favor of a productive recovery of territories, considered a starting point for rethinking, building, and progressing towards alternative forms of development and modernity, distinct from the hegemonic models predominant in contemporary capitalism.

Constitutional guarantees in the trial and rehabilitation of adolescents in conflict with criminal law in Ecuador

María Fernanda Buestán Álvarez — 2024-08-28

Deprivation of liberty and socio-educational measures imposed on adolescents are precise when a punishable act is committed; however, there is a problem when there is no evidence of compliance and guarantees that imply protection, giving rise to complexities that must be resolved. The main objective was to critically analyze theories, concepts and previous studies relevant to the research topic, establishing theoretical bases, identifying gaps in knowledge, justifying their importance and specifics: To analyze the Constitution and the Code of Childhood and Adolescence in order to understand how they protect rights of adolescent offenders and establish measures; To analyze the effectiveness of socio-educational measures, probability of recidivism and obstacles in interpretation and execution of laws and; To determine the need for specialized justice for the trial of infractions committed by adolescent offenders. The methodology was of the bibliographic review type (theses, legal journals) in electronic texts provided by internet. The results determine that complexities, constitutional and legal challenges revolve around the balance of their rights, compliance with standards, guarantees in accordance with the respect in signed treaties. It is concluded that the effectiveness of socio-educational measures does not merit the intervention of programs, recommending follow-up and training of professionals, as legal guarantees, avoiding recidivism, in a specialized justice system of trial and prosecution.

Military ethics in the context of diffuse war

Alexander José Alcántara Durán — 2024-11-17

The general objective of this research was to analyze the challenges that unconventional warfare forms of attack generate to military ethics in the face of the nation's integral defense and security. It was based on a quantitative documentary approach. Contemporary military operations demand high standards from officers' leadership; consequently, they must be aware of the impact that they have on other people when faced with difficult situations; therefore, their conduct must be in line with their roles, norms and ethical values. Ethical behavior in the face of diffuse warfare and cyber dominance has gained importance in theoretical and doctrinal discussions in the military field. The use of military force must be within the limits of the norm, but above all it must be ethical, which is one of the main reasons why military ethics exists. However, there are no laws that regulate cyber conflicts, nor are they framed in the concepts of traditional war theory. Among the conclusions, it is highlighted that cyber attacks directed at the FANB could be considered war crimes. Cyber ??warfare weapons are expensive and their effectiveness diminishes rapidly after use due to the loss of their element of surprise, making them unprofitable.

Mindfulness Enhancing Concentration in English Foreign Language Reading Comprehension

Teresa Marlene Muñoz Gallardo — 2024-07-01

The Organization for Economic Cooperation and Development (OECD) Learning Compass 2030 for teachers emphasizes that cognitive, metacognitive skills, and emotional intelligence skills such as compassion, attentiveness, critical thinking, creativity, and communication are indirectly important to developing reading comprehension. Reading is a challenge for EFL students who have difficulties understanding written texts because of the lack of concentration, stress, and anxiety. Mindfulness appears as a practice that may offer some benefits. Recent studies show that mindfulness training can alleviate anxiety and stress, improve confidence, improve cognitive and social abilities, and elevate academic goals. In this regard, this review synthesizes existing literature to evaluate the effectiveness of mindfulness in enhancing concentration in EFL reading comprehension classrooms and provide insights for educators, practitioners, and researchers. Criteria for selected articles were kept as recent as possible. All peer-reviewed papers were cited or published in scientific journals. This review suggests that mindfulness training has the potential to make learners more aware of their learning system. In addition, students learn to regulate their emotions to be more flexible and creative. Mindfulness training changes their point of view of their thinking in a way that encourages conscious control of their feeling, actions, and thoughts, improving cognitive abilities.

Presentation Dossier: democratic Fabric: between Digital Utopia and Information Dystopia

Angélica Montes Montoya — 2024-12-19

The risks of deepfakes for democracy and the prospects for regulation

Efraín Fandiño López — 2024-11-11

Este artículo realiza un análisis del impacto de los deepfakes en el marco de los procesos democráticos, enfocándose en cómo estas sofisticadas manipulaciones digitales pueden erosionar la confianza pública, interferir en elecciones y generar polarización. Se estudia la progresión de las ultra falsificaciones desde su creación hasta alcanzar un alto grado de sofisticación, destacando cómo los avances en tecnología de inteligencia artificial han potenciado su realismo y complicado su detección. Se hará alusión a varios casos en Francia y Colombia, con el ánimo de examinar las repercusiones adversas de los deepfakes en la representación política y la percepción por parte del público en general. El documento propone la adopción de marcos regulatorios y medidas que trasciendan las medidas punitivas tradicionales, abogando por estrategias preventivas y la promoción de la transparencia en el empleo de tecnologías de inteligencia artificial. Esta aproximación puede ayudar a promover los valores democráticos y un uso responsable de la IA.

Secret History: conspiracy mythologies in Brasil Paralelo documentaries

Erick Felinto — 2024-12-20

This work aims to analyze the elements and articulations of a conspiratorial imaginary present in the documentary "Pátria Educadora", produced by the streaming channel Brasil Paralelo. My main hypothesis is that this imaginary must be investigated not only at the semantic level of the meanings produced in the audiovisual discourse, but also in the dimension of the atmospheres that act as adjuncts to this discourse. It is proposed that this analysis takes place at the interface between the fields of political studies, theories of affect and communication technologies.

Evolution of Political Languages around Generative Artificial Intelligence in Education: Power Dynamics and Thresholds of Historicity

Sandro Jiménez-Ocampo — 2024-12-18

Since November 22, 2022, with the release of ChatGPT, generative artificial intelligence (GenAI) has emerged as a central topic in education. This article explores the evolution of political languages around GenAI in education, analyzing the power dynamics and thresholds of historicity that have shaped its development. Through a praxeological conceptual critical history perspective, following Elias Palti's methodologies and drawing on teaching experiences, the problematic use of the term “Artificial Intelligence” is questioned and the epistemological assumptions underlying dominant interpretations of GenAI in education are examined. The “ideal types” that promote a technocentric and optimistic view of GenAI, such as personalization of learning, democratization of access, and administrative efficiency, are discussed. The article criticizes these approaches for perpetuating inequalities, deepening technological determinism and minimizing the social, cultural and ethical dimensions of education. In addition, the processes of domination and knowledge-power relations associated with the implementation of GenAI are explored, highlighting technological dependence, epistemic domination, and surveillance over students and teachers. Finally, it argues for the need to promote narratives of digital sovereignty and technological self-determination, especially in the global south, to develop technological solutions that respond to local contexts and to foster a more critical and pluralistic debate on the role of AI in education.

Individual tyranny and entrepreneurialism in speculative capitalism

Mariano Terraf — 2024-12-06

The tyrant individual refers to the subject empowered by digital technology who, obsessed with self-affirmation and control through social networks, imposes his preferences and opinions without considering the social, ethical and political consequences. This behavior, coupled with a post-truth regime, fosters disbelief in institutions, isolation and non-acceptance of what is different, encouraging individuals to unload unfounded opinions among themselves and establishing a friend-enemy logic that leads to the emergence of an anti-political attitude and damages the democratic fabric. In parallel, today's capitalism is characterized by the massive volume of speculative capital, generating crises and instability. In this “speculative capitalism”, neoliberalism from below emerges as a strategy of adaptation of social groups, showing how entrepreneurship has co-opted the working class. This article proposes to analyze how the convergence of the tyrannical individual, entrepreneurialism and speculative capitalism generates a twist in contemporary subjectivities. This is manifested in the precariousness of their living conditions, passive acceptance in the face of uncertainty, self-responsibility in the face of failure, extreme individualism and credulity in narratives that demand betting on risk in search of a better future.

Ethics and artificial intelligence in the context o digital capitalism

Abdiel Rodríguez Reyes — 2024-12-19

The intersection between ethics, artificial intelligence (AI), and digital capitalism is addressed. Three assumptions are posed: first, that AI increases its effectiveness at the expense of our intimacy and autonomy, which are fundamental to the human condition. Second, it is crucial to understand AI within the context of digital capitalism, where it becomes an ideological and mercantile product. Third, the need for both global and national regulations is emphasized to safeguard human rights against the risks posed by AI. It is highlighted that digitalization has transformed social relations, creating a world where AI can undermine our dignity. Additionally, we criticize the lack of adequate regulation, warning that without an ethical framework, AI could be used to manipulate and surveil individuals. Finally, there is a call for an ethics of AI that prioritizes human dignity and promotes responsible use of technology, recognizing its benefits but also the risks it entails in an increasingly digitalized world.

The "life project" as a legal category subject to enforceability and vindication in the constitutional sphere

Fernando Esteban Ordóñez Carpio — 2024-10-11

In the present article, the "life project" will be studied as a legal category of constitutional law, framed within the scope of existential rights; these are understood as those whose purpose is to provide guarantees to the psychic or emotional heritage of human beings, within which undoubtedly lies the right to self-determination and to project the goals they hope to achieve in their lives and the paths to follow to accomplish them. The creation of such a "life project" will depend on the free will that individuals must have to choose, from a range of existential possibilities, those that, according to their own deductions, will lead them to the attainment of their intimate fulfillment. Having clarified the value that the "life project" has for the law, this article will analyze the nascent normative and jurisprudential development that this legal category has deserved in Ecuador; and, it will carry out a brief analysis of the treatment it receives from constitutional jurisprudence, as well as the hopeful development of the topic in the rulings of the Inter-American Court of Human Rights.

Conflict between Environmental Rights and Economic Development in the Ecuadorian Constitution

Romel Paúl Sarmiento Castro — 2024-10-15

Ecuador faces the challenge of balancing economic development with environmental preservation, especially in the wake of the 2008 Constitution that promotes sustainability. However, tensions and contradictions exist between economic development policies and environmental conservation. The study analyzes how ambiguity in constitutional regulations on environmental rights and economic development affects conflict resolution in international arbitration and its impact on environmental sustainability and economic development between 2000 and 2024. A mixed approach (qualitative-quantitative) was used, combining literature review, analysis of international arbitration cases, surveys and statistical data. Regulatory ambiguity hinders conflict resolution in international arbitration, negatively impacting sustainability and economic development. Cases such as Chevron III illustrate the complexity of balancing investment rights with environmental obligations. Comparing with Colombia and Brazil, it is identified that, although Ecuador has innovative approaches, it faces similar challenges in effective implementation. Legislative reforms are needed to clarify environmental regulations, strengthen institutional capacity, and promote civil society participation in policy making. It is crucial to align national regulations with international standards to improve environmental protection and promote sustainable economic development.

Violation of Rights in Healthcare: An Evident Reality in Latin America

María José Cuenca Jiménez — 2024-12-05

The violation of rights in healthcare in Latin America represents a growing issue that impacts the quality of services and health equity. This study aims to analyze the main causes and consequences of rights violations in the healthcare systems of the region, focusing on human rights, access to medical care, discrimination, and corruption. A literature review was conducted, including legislation, articles addressing the topic, and rulings on the violation of the right to healthcare. The results indicate that the most frequent violations include lack of access to adequate services, unequal treatment of vulnerable populations, and lack of resources. It is concluded that urgent structural reforms are needed in the healthcare systems of Latin America to ensure the effective protection of human rights and improve the quality of healthcare services.

The administrative responsibility for errors by medical account auditing personnel in Ecuador and the repercussions for the National Health System

Juan Pablo Carabajo Dutan — 2024-12-04

This article reviews one of the most invisible administrative processes for the population of Ecuador and for the health sector, which is the cost-recovery audit of medical care, which takes place after health care through public insurance coverage, whether in public or private health units under public coverage.

In order to delve deeper into the process described above, it is necessary to understand the Ecuadorian health system, make comparisons with other countries and analyze the laws, norms and regulations established for economic payment and that allow for continuous management between the public and private sectors in the health sector, as well as analyzing the results of the omissive conduct of the personnel who carry out the audit of medical accounts, which can cause enormous problems for both the public sector as financer and the private sector as health provider, which in the end leads to administrative responsibility.

Untimely dismissal and its incidence in the violation of Constitutional Labor Rights in Ecuador

Paúl Alejandro Gómez Montesinos — 2024-10-12

Unjustified Dismissal has been one of the causes with the highest incidence in labor matters, as employers do not establish clear conditions for termination, thereby violating workers' rights. To develop a document of critical legal analysis that demonstrates how the incidence of unjustified dismissal violates Constitutional labor rights in Ecuador. The article was a systematic review with a cross-sectional design. For the information search, the main digital platforms with scientific evidence in the legal field were used, and inclusion and exclusion criteria were established to obtain the most relevant information for the study. According to the analyzed cases, it was evidenced that unjustified dismissals are carried out without a clear justification that motivates the worker's termination, violating their right to job stability and dignified work. Although the Constitution and labor laws clearly establish protections for workers, the reality showed that these regulations are not always effectively applied, which not only undermines the right to job stability and dignified work but also limits access to justice, affecting the economic and psycho-emotional well-being of dependents. This highlights the urgent need to strengthen labor protection mechanisms, ensuring the rigorous application of existing laws in Ecuador.

Donation and Organ Transplantation: A Legal and Bioethical Analysis in the Modern Context

Mauro Andrés Calle Palacios — 2024-12-03

Donation and organ transplantation represent crucial medical advances but pose significant legal and bioethical challenges. This article examines the interaction between law and bioethics in regulating these practices, addressing the issue of how to ensure fair and ethical access to organs while respecting autonomy and human dignity. The objective is to analyze the legal frameworks and bioethical principles underlying donation and transplantation, highlighting their impact on medical practice and society. The methodology employed was based on a bibliographic review focusing on normative texts, bioethical doctrines, and relevant cases. The results highlight the need to strengthen legal frameworks to balance equity, altruism, and the protection of individual rights. We conclude that an integral and multidisciplinary approach is essential to address current and future challenges in this complex and sensitive area.

Confidentiality in digital medical records, analysis of the personal data protection law, Ecuador

Flavio David Ramírez Ortega — 2024-12-13

The confidentiality of digital medical records and personal data of users of the health system in Ecuador, is essential, because within it there are often problems due to misuse of users and passwords of internal data management programs, lack of training, non-compliance with current legislation, loss of electronic devices, by the staff of each health center; Therefore it is important to analyze the management of patient information and propose improvements in the management of the same; conducting a qualitative research with documentary analysis, interviews with health professionals, in order to protect and ensure the privacy of medical and personal information of all users through the correct application of the laws and regulations established in the legislative framework of the country.

The constitutional efficacy of the right to defense in the protection action in Ecuador

Mariangel Dayanna Paute Vásquez — 2024-09-17

The design of constitutional justice in Ecuador is directed towards the protection and defense of fundamental rights through a broad catalog of jurisdictional guarantees, where the action of protection stands out for its tutelary nature and for being the one with the greatest scope in terms of rights protection. The substantiation is out of the ordinary because it does not require formalities and is substantiated under certain expedited terms established by law. However, it does not fully comply with due process in relation to the participation of the legitimate respondent. Therefore, the applicability of the right to defense in the processing of the action was analyzed in light of the lack of normative provision regarding a brief term for responding to the complaint in writing. Indeed, the scope of the research was purely descriptive. The method used was inductive-deductive to establish the presence of the right to defense as a guarantee of due process, the dogmatic-legal method to refer to the formal part of the law, and the comparative method to determine legal gaps. The lack of necessary means for preparing the response to the complaint, where the respondent can exercise their legitimate defense according to law, represents the non-observance of minimum conditions in complying with the procedural rules of due process, as the highest right of protection, where the certainty and knowledge of legal security becomes ineffective.

The lack of motivation in the declaration of a state of war (internal armed conflict) in Ecuador

Paula Andrea Álvarez Abril — 2024-10-15

In Ecuador, as a result of several acts of violence carried out by several criminal organizations that lead the country; the President of the Republic through Executive Decrees No. 110 and 111 declares a state of emergency and the existence of an internal armed conflict. The problem that was analyzed in this article is the lack of motivation of executive decrees 110 and 111 issued by the President of the Republic on January 8 and 9, 2024, in which the rights to liberty and inviolability of the home are violated. Results. As a result, Executive Decrees 110 and 111 do not comply with the parameters established by Additional Protocol II of Geneva of 1977 and the provisions of Opinion 2-24/CC dated March 21, 2024. Concluding that the executive decrees are motivationally flawed in appearance and inconsistency, which causes the violation of the rights to freedom and inviolability of the home, which are restricted by declaring a state of emergency.

Implementation of informed consent in the critically ill patient and authorization for the handling of audiovisual material (photos and videos)

Mario José Barros Machado — 2024-12-04

At present, there is a divergence between the informed consent currently in force and the particular needs of Intensive Care Units, which are different from other intrahospital health areas because patients are under sedation and analgesia. This situation prevents patients from making decisions and expressing their will in relation to the procedures included in their medical treatment due to an emergent or planned situation. Other countries have responded to this need by implementing a legal document that addresses all these concerns for both the patient, family, and medical staff. In addition, part of this problem includes non-compliance with the Personal Data Protection Act because audiovisual material obtained from patients in the critical area is not supported by written permission from those involved. This documentary research will address this shortcoming.