DOI: https://doi.org/10.33262/ap.v4i4.2

Published: 2022-11-01

El excesivo uso de la prisión preventiva en la jurisdicción penal ecuatoriana

The excessive use of pretrial detention in Ecuadorian criminal jurisdiction

The excessive use of pretrial detention has demonstrated the violation of rights that exists within Ecuador and its prison system in force in the legislation, because when a person has been prosecuted for a crime that does not exceed 5 years of imprisonment, alternative precautionary measures have been issued within the process, which can be ordered by the administrators of justice in our country, Judges of criminal guarantees, alternative precautionary measures have been dictated within the process, which can be ordered by the administrators of justice in our country, Judges of criminal guarantees, therefore, it should be analyzed that preventive detention becomes an anticipated penalty for the accused person and this precautionary measure should be applied as a measure of last resort; The purpose of this research work is to develop a legal basis to clearly identify the legal situation in Ecuador, specifically in the Azogues canton, with respect to this misused precautionary measure. Therefore, it is necessary to understand several definitions, generalities, historical background, analysis of rights, and to emphasize the essential principles that are violated in relation to pretrial detention, guarantees that persons deprived of their liberty have, making an analysis of what is mentioned in comparative law. Finally, it is worth mentioning the importance of jurisprudential precedents on pretrial detention, which will be analyzed through a legal, constitutional and legal basis found in the Constitution of the Republic of Ecuador, international human rights treaties and the Organic Integral Penal Code, Likewise, a bibliographic review will be carried out using scientific articles on the subject of the excessive use of pre-trial detention in crimes under five years, and surveys will be conducted with free practice lawyers and judges in the city of Azogues, with the purpose of proposing an alternative to help solve this problem.

Miguel Ángel Mogrovejo Lituma, Fausto Patricio Olivo Cerda , Ramiro Quevedo Quinteros

6-30

Ultrasound-Guided Transversus Abdominis vs. Rectus Abdominis Sheath Block in Canine Cadavers

Introduction. Echo-guided nerve blocks is a tool of regional anesthesia that is of utmost importance within the current veterinary clinical and surgical practice, it seeks to desensitize certain sections of the animal body according to convenience and criteria evaluated by the practitioner with local anesthetics. In addition to desensitizing the same provide analgesia and reduce the anesthetic demand of the patients in question. TAP (Transversus Abdominis Block) and RSB (Rectus Sheath Block) are two of these techniques that seek to desensitize the abdominal area of the animal organism. Objective. Comparing ultrasound-guided transverse abdominis vs. rectus abdominis sheath block in canine cadavers. Methodology. In the present work we compared these techniques in eight non-living biological models (canine cadavers), sixteen hemiabdominal walls in patients who died of natural causes and without traumatic involvement of the abdominal wall in the HDEV USFQ during the period May-June 2022. The application of local anesthetic plus methylene blue dye in quantity (0.30 ml/kg body weight) was performed in a blocking technique in each hemiabdominal wall and after 30 minutes of blocking, the patient was dissected, and the area of anesthetic distribution was inspected. Results. Since there were no patients of the same size and weight, the sample was standardized by calculating the logarithm of area, concluding that the logarithm of TAP block area was higher than the logarithm of RSB block area (P < 0.05). Conclusion. Therefore, it is assumed that TAP block covers a larger area of anesthetic dissemination than its similar RSB.

Bryan Alexander Caraguay Sinche, Gilberto Enrique Segnini Herrera, Jessica Paola Bautista Tenicela

48-62

Training experiences and virtual platforms in the teaching of the English language in higher education

Introduction:  This study is based on the problem of teacher training, based on the need for teachers to acquire specific skills for this and achieve an efficient educational training action, as well as to what extent the use of a virtual platform influences the improvement of oral and written production skills in the area of English of students of Second Languages parallel 1 and 2 in Escuela Superior Politécnica de Chimborazo. Objectives: Therefore, the description of the knowledge of tools and benefits of virtual platforms is proposed as an objective for the development of attitudes. Methodology: As a methodology, the research problem is analyzed from a quantitative approach, which reflects the need to measure and predict magnitudes of phenomena or research problems, taking as a sample 62 students of Language I of parallels 1 and 2 as results it was obtained that 99.38% is shown with a positive attitude and willing to use virtual platforms. Results: Consequently, it is considered the importance of implementing as didactic tools, Virtual Platforms for the teaching and learning of the English language, the use of e-learning and b-learning platforms, are potential candidates for implementation. Conclusions: The training experiences of the researchers that were analyzed are also potential examples to implement a Virtual platform for students of Second Parallel Languages 1 and 2.

Mónica Paulina Castillo Niama, Jaime Alberto Tapia Salinas, Jessica Elizabeth Asqui Luna, Deysi Lucía Damián Tixi

80-97

The abuse of preventive detention in the formulation of charges in robbery crimes in the second semester of the year 2021 in the canton of Cuenca

Pre-trial detention is the power of the State Attorney General's Office to require the Judges or criminal guarantees to adopt preventive measures against the accused to ensure that the accused appears in criminal proceedings, and compliance with comprehensive reparation for the benefit of the victim and the execution of the sentence. Consequently, this request can be made in two moments, a first moment in the Hearing of Flagrancy and a second moment in the Hearing to formulate charges, however, this request must be motived according to the need pf each process. The study was conducted with a qualitative-quantitative approach, using synthetic, inductive analytical methods, such as the filing technique and documentary review. The study is conducted by collecting information and tabulating where a review of the judicial file is conducted, and six questions are submitted with yes or no answers to make a summation and determine if there is an abuse in the application. In conclusion, the request will be granted or denied by the Judge of Criminal Guarantees assigned to the case. This acknowledgment must be justified, because if there is no motivation for the preventive measure, a violation of due criminal process and innocence by the Judge could be established.

Bryan Patricio Alemán Guerrero, Marcelo Urbano Torres Wilchez

98-115