Introduction: The research focuses on the problem of the reasonable term in cases of non-executed judgments, specifically in the context of caducidad. It addresses the conflict arising between two criteria issued by the highest Ecuadorian courts: the Plenary of the National Court of Justice and the Plenary of the Constitutional Court of Ecuador. This conflict is illustrated in Ruling No. 02-2023, issued on January 05, 2023 by the National Court of Justice, and Resolution No. 112-14-JH, dated July 21, 2021, issued by the Plenary of the Constitutional Court. Although jurisdictional decisions related to caducidad are presented, the focus is not on the legality, arbitrariness or legitimacy of the circumstances that led to the pronouncement on the precautionary measure of preventive detention, but on the constitutional reasoning more in line with constitutional and conventional rights. Objective: The objective of the research is to analyze the different positions adopted by the National Court of Justice and the Constitutional Court of Ecuador with respect to the reasonable term and expiration in cases of non-executed sentences. The aim is to determine which of the two approaches is better adjusted to the constitutional and conventional principles of protection of rights.  Methodology: The methodology used in this research consisted of an exhaustive analysis of the rulings and resolutions issued by the National Court of Justice and the Constitutional Court of Ecuador related to the issue of reasonable time and forfeiture. A detailed review of the legal grounds used in each case was carried out, as well as a comparative analysis of the positions adopted by both institutions.  Results: The results of the research reveal that there is a conflict of interpretation between the National Court of Justice and the Constitutional Court of Ecuador regarding reasonable time and caducidad in cases of non-executed sentences. While the National Court adopts a more legalistic and restrictive approach in the application of the law, the Constitutional Court leans towards a more constitutionalist interpretation, prioritizing the protection of fundamental rights. Conclusion: In conclusion, the research shows the need to harmonize the interpretations of the National Court of Justice and the Constitutional Court of Ecuador in relation to the reasonable term and the expiration of time in cases of non-executed sentences. It is essential to find a balance between legal and constitutional aspects in order to guarantee adequate protection of the rights of persons involved in judicial proceeding.  

Introduction: the right to freedom of movement may be restricted by means of an oral resolution that grants the precautionary measure of preventive detention. Pretrial detention is based on constitutional and legal provisions, and the oral resolution must justify compliance with these standards, in accordance with the guarantee of motivation. Habeas corpus exercises constitutional control over the oral resolution of pretrial detention and evaluates that it has been granted in accordance with the provisions of the legal system. Objectives: the guiding criterion of the guarantee of motivation makes it possible to evaluate the sufficiency of a judicial decision, and failure to comply with the criterion in the decision implies the existence of one of the deficits of motivation: Nonexistence, insufficiency, and appearance. Methodology: the methodology used the qualitative research model, and recourse was made to publications, research repositories, jurisprudence, and habeas corpus rulings. Relevant material was identified and selected for processing. Results: the results pointed to the admissibility of habeas corpus against oral resolutions that grant preventive detention that have some of the deficiencies of motivation due to non-compliance with the guiding criterion of the guarantee of motivation. Conclusions: habeas corpus is admissible when the oral decision granting preventive detention does not comply with the guiding criterion of the guarantee of motivation, due to non-compliance with a constitutional parameter of mandatory compliance.

Introduction: This academic article examines the development and relevance of mediation in Ecuador, highlighting its transformation since the Mediation and Arbitration Law of 1997. The distinction that exists between mediation and transaction is highlighted, focusing on Ecuadorian legislation that recognizes the transaction as a contract to resolve those extrajudicial disputes. The experience of mediation in Mexico and Spain is compared, highlighting the characteristics and regulations that are specific to each country. It concludes by highlighting profiles of similar mediators in Mexico and Spain, highlighting mediation as a valuable tool for the peaceful and efficient resolution of conflicts that arise in the Ecuadorian and international context. This comprehensive approach provides a panoramic view of mediation, highlighting its contribution to building an accessible justice system in Ecuador. Objectives: analyze mediation in Ecuador, challenges and opportunities for conflict resolution through descriptive research. Methodology: it is carried out through the use of a qualitative and descriptive methodology. Results: the results of this research are reflected when applying the win-win formula, since the parties who attend this mediation process reestablish their ties in an agile and less cumbersome way. Conclusions: mediation provides empowerment to the parties to resolve the conflict; as it is self-composing, it is governed by the will of the parties to reach an agreement and be able to resolve it.

Objective. Analyzing the topic of hourly labor contracts in the Ecuadorian context based on the government's proposal in the 2024 referendum and popular consultation. Methodology. Legal analysis of the topic of hourly labor contracts in the Ecuadorian context, which was based on a qualitative approach. An analysis of the problem was conducted based on a review of the literature. The technique of documentary analysis was used to examine and understand in detail the proposal to amend the Constitution of the Republic and reform the Labor Code in relation to fixed term and hourly employment contracts. It is concluded that there are gaps in the respective annex to question E of the 2024 referendum in Ecuador. Results. In relation to the legal and socioeconomic impact, the possibility of hiring by the hour and labor flexibility carries advantages and disadvantages. On the one hand, it allows workers to adjust to market variations and workers, such as students, to adapt their work schedules to their personal needs. However, this type of contracting can also increase job instability, reduce job security and harm workers' social protection. Conclusion. There are gaps in the respective annex to question E of the 2024 referendum in Ecuador. These gaps include issues such as the contribution to the IESS in this modality, the minimum and maximum times of working days, payments of utilities and tenths, as well as vacations and payments for night hours, holidays and weekends. Furthermore, the control mechanisms to prevent precariousness in the labor sector are not specified, nor is the cost of the hour/jobs differentiated by sector mentioned. These gaps make it difficult to have a generalized and specific vision in relation to the proposed amendment.

Introduction. In Ecuadorian law, the possibility of appealing judicial decisions in cases of traffic offenses with non-custodial sanctions poses a significant legal dilemma. This limitation could contravene the principle of double compliance enshrined in the Constitution, as well as the provisions of international human rights treaties, such as Article 76, paragraph 7 (m). The right to appeal is an essential procedural safeguard, and its denial in certain cases deserves careful analysis. Objective. The purpose of this study is to analyze the inappropriateness of the appeal in traffic offenses with non-custodial sanctions in the Ecuadorian legal framework. The aim is to evaluate how this restriction affects the procedural rights of citizens and to examine its compatibility with international human rights standards. Methodology. The methodology employed in this study consisted of an exhaustive analysis of relevant Ecuadorian legislation, including the Constitution and international human rights treaties ratified by the country. Relevant jurisprudence was also reviewed and contrasted with the principles established in international instruments. In addition, expert opinions in constitutional and procedural law were examined to enrich the analysis. Results. The review of legislation and jurisprudence revealed that, indeed, in the Ecuadorian legal system, judicial decisions in traffic offenses with non-custodial sanctions are not subject to appeal. This restriction raises questions about the effective protection of citizens' procedural rights, as well as the consistency of the legal system with international human rights standards. Denial of the right to appeal in these cases could constitute a violation of internationally recognized due process rights. Conclusion. The inappropriateness of the appeal in traffic offenses with non-custodial sanctions in Ecuador raises important concerns from a human rights and legal perspective. The denial of this essential procedural right could negatively affect the guarantee of a fair trial and the principle of double jeopardy. It is crucial that the Ecuadorian legal system harmonize its domestic provisions with international standards to ensure the effective protection of the procedural rights of all citizens. 

Introduction: This study addressed the analysis of Article 178 of the Comprehensive Organic Penal Code (COIP) of Ecuador, focusing on its relevance for protecting citizens' constitutional rights, especially regarding the right to privacy. Legal provisions and the implications of their application in various contexts were examined. Objective: The main objective was to understand the scope and importance of Article 178 of the COIP in protecting privacy and other fundamental rights of Ecuadorian citizens. The aim was to identify exceptions and legal measures available in cases of improper disclosure of audio or video recordings. Methodology: The research employed a qualitative approach, supported by an exhaustive review of relevant legal literature sourced from various scientific platforms such as Redalyc, Scielo, and Dialnet. Methods such as inductive-deductive reasoning and analytical-synthetic approaches were applied, along with techniques such as literature review and interviews via questionnaires, to analyze the content and context of Article 178 of the COIP. Results: Article 178 of the COIP aimed primarily to protect the constitutional rights of Ecuadorian citizens, especially their right to privacy, ensuring the confidentiality of personal and familial information. Exceptions were established regarding the disclosure of personal recordings and cases of public information, with legal measures available to address violations of these provisions. Ensuring the constitutionality of laws was fundamental to guaranteeing effective judicial protection and respect for fundamental rights established in the Constitution of the Republic of Ecuador.

Introduction. In criminal proceedings, the existence of precautionary measures as part of the formulas described in favor of protecting citizens aims to prevent possible violations or disrespect for constitutional rights. The central idea is to make rational use of these measures without causing harmful collateral effects to institutional integrity and society, such as prison overcrowding. Often, decisions resort to pretrial detention to ensure that the accused will be present and will comply with the imposed sentence. However, this practice leads to consequences within the national legal system, becoming the main cause of overcrowding in Ecuador's Centers for Deprivation of Liberty (CPL). Objective. The objective of this article is to analyze the consequences of pretrial detention in the Ecuadorian prison system and to propose improvements in the use of precautionary measures to prevent overcrowding and protect the constitutional rights of citizens. Methodology. This article focused on qualitative, descriptive, and bibliographic aspects. Interviews with key informants were conducted, providing much of their knowledge in favor of criminal legal sciences. Through these methods, the aim was to produce contributions with scientific foundations oriented towards improving the Ecuadorian criminal justice system. Results. The article's findings indicate that the recurrent use of pretrial detention as the main precautionary measure significantly contributes to overcrowding in Ecuador's CPL. Various activities and actions taken within the framework of the current criminal legal system were identified, which, although well-intentioned, often do not consider the collateral effects on prison infrastructure and the rights of detainees. Conclusion. It is essential to review and improve the use of precautionary measures in the Ecuadorian criminal justice system to prevent prison overcrowding and protect the constitutional rights of citizens. A more rational and balanced approach is recommended in the application of pretrial detention, considering less restrictive and more effective alternatives in protecting society and individual rights.

Introduction. In criminal matters, technical defense plays a crucial role in ensuring a fair and equitable trial. The ineffectiveness of the defense can significantly violate the right to a fair trial, highlighting the importance of exploring and understanding its impact on the nullity of a criminal process. Objective. This article analyzes the relationship between the ineffectiveness of technical defense and the nullity of criminal proceedings, identifying the main shortcomings that can compromise the effectiveness of the right to defense. Methodology. A qualitative approach was adopted, reviewing relevant legislation and significant jurisprudence, along with doctrinal interpretation on technical defense in the Ecuadorian legal context. Results. The findings indicate that deficiencies in the technical defense, such as the absence of communication between the lawyer and the accused and errors in the defense strategy, can result in the nullity of the criminal process. Furthermore, it is observed that these inefficiencies reflect a broader problem related to the training and resources available to defenders. Conclusion. The research highlights the importance of ensuring an effective technical defense as an essential element of due process. The implementation of reforms focused on the training of defenders and the improvement of judicial resources is proposed to strengthen the administration of justice and safeguard the fundamental rights of the accused.

Introduction:  Project management is essential in any organization, since it allows you to plan, organize, direct, and control the available resources to achieve the established objectives efficiently and effectively. Through project management, better coordination is achieved between work teams, the use of resources is optimized, risks are minimized, and quality is assured in the execution of tasks. Currently, meeting project deadlines is essential to guarantee economic and social efficiency. However, delays are common due to lack of planning and not having a good monitoring and control strategy in the execution phase. Objective:  In this study, the study is conducted for the feasibility of the implementation of the use of project management software (Microsoft Project) to improve the management of projects of the Gobierno Autónomo Descentralizado del Canton Nagaritza. Methodology:  The development of the research was carried out using a non-experimental research methodology with a transversal purpose, since the information was collected at a single point in time. Results: In the results, the respondents identified that the causes of the lack of compliance in the projects with 32.43% are the cause of failures in the PAC (Plan Annual de Contratación), on the other hand, with 45.94% in the poor structuring in the strategy monitoring projects. These results conclude that the greatest deficiency is in the planning and monitoring of projects within the technical team. Conclusion:   Finally, concluding that the use of project management software such as Ms Project would improve the monitoring of project activities although this implies investment for the institution and commitment of employees to adapt to the new methodology.