DOI: https://doi.org/10.33262/ap.v6i1

Published: 2024-01-05

Analysis of the procedural times in the alimony trial and its possible violation of the principle of celerity in the Cuenca canton

Introduction: The current exponential growth of alimony processes in Ecuador has caused the obsolescence of the administration of justice in the country, since the deadlines and terms indicated in the regulations have only been achieved in a very small number of cases, which has the brief characteristic that poor observance of procedural times leads to alleged violations of constitutional and procedural principles such as the principle of celerity. Objective: Analyze the possible non-compliance of deadlines and terms in the alimony processes in the Family, Women, Children and Adolescents Courts and its possible violation of the principle of celerity in the Cuenca canton. Methodology: A qualitative approach was chosen based on an analytical-synthetic and retrospective approach. The information was collected through observation and documentary review techniques to determine the problem through the observation of phenomena and the objective collection of relevant information. The qualitative approach allowed us to analyze theoretical, doctrinal and legal information on the topic, which facilitated the observation of the dilemma and its comparison with the enigma expressed. The retrospective methodology consisted on the analysis of retrospective cases of non-compliance with terms and deadlines in food process causes, in order to support the hypothesis and obtain consistent conclusions. Results: The non-observance of procedural times in cases of alimony in the Family, Women, Children and Adolescents Courts of the Cuenca canton was proven, violating the principle of procedural celerity, due to the fact that several provisions indicated in various articles of the General Organic Code of Processes have not been carried out, causing an impact on timely access to justice. Conclusion: The studies carried out have shown that, for various reasons, deadlines and terms have not been respected, which has given rise to transgressions, particularly of the principle of celerity, therefore, the need arises to develop strategies that help guarantee compliance with these procedural times in order to reduce this problem and create possibilities for the effective rights enforcement, which would benefit the procedural parts involved and would in turn strengthen the legal system.

Lisseth Estefania Juma Viteri, Carlos Julio Fajardo Romero

6-23

Factors related to musculoskeletal disorders in workers of production lines of the company Plastiazuay S.A. in Cuenca-Ecuador

The musculoskeletal disorders are the second most common cause of disability in the workplace, being responsible for 40%-50% of costs due to occupational illnesses, in addition to absences from work of more than three days and 49% of all absences of more than three days of two weeks (Regalado et al., 2023). Objective: The objective of this study is aimed at correlating risk factors associated with musculoskeletal disorders in employees of the company Plastiazuay S.A. The structure consists of an introduction where the health problem is presented and the antecedents that have been documented by previous studies that constitute theoretical references are identified. Methodology: the methodology used is quantitative, descriptive, correlational, and is based on the theoretical construct where forced postures, repetitive movements, manual handling of loads are associated with musculoskeletal disorders, and includes the collection of information through validated methods and techniques to 75 workers from the operational area of ​​a manufacturing company, Plastiazuay, in the city of Cuenca, the data were processed in the SPSS statistical package according to descriptive statistics statisticians in correspondence with the study variables. Results: it was found that there is a strong statistical correlation. The Forced Postures variable presents a positive correlation of (.581*) at a bilateral significance level of 0.01 less than the p-value of 0.05, therefore, it is statistically significant. Which expresses that as the number of forced postures increases, the risk of musculoskeletal conditions increases or viceversa. The Repetitive Movements variable has a positive correlation of 0.586** (Sig. <0.001), which implies that the greater the exposure, the greater the presence of musculoskeletal disorders. The variable Manual Handling of Loads with a coefficient of 0.405** (Sig. <0.001), indicates that as exposure to manual handling of loads increases, the presence of musculoskeletal disorders increases. Conclusion: It was proven that there is a strong correlation through statistical tests between the variables studied. In conclusion, preventive occupational health programs should be aimed at detecting, correcting and/or mitigating the presence of risk factors in order to reduce osteoarticular morbidity. in the specific context of study.

Blanca Susana Mayancela Mayancela, Juan Carlos Gárate Aguirre Gárate Aguirre

24-43

The expiration of preventive detention

Introduction: The legal status of a person prosecuted or serving a precautionary measure of pre-trial detention, which serves as a last resort before trial, is of paramount importance. This is due to the apparent contrast between the provisions of the Constitution of the Republic of Ecuador and the Organic Comprehensive Criminal Code within our legal system. The constitutional norm establishes that pre-trial detention must be revoked once the periods of 6 months for crimes punishable by imprisonment and 1 year for crimes punishable by imprisonment have expired. This provision lays down a time limit for deprivation of liberty in relation to various offences. These limits should not be exceeded. However, the Organic Comprehensive Criminal Code further develops the constitutional provision and specifically addresses the concept of the expiry of pretrial detention. It has the particularity that it suspends the time limit for the enforcement of the judgment once it has been delivered. This suspension contradicts the constitutional norm and violates the right to the presumption of innocence. Objective: to ensure its consistency with the constitutional norm and to prevent any violation of the presumption of innocence of the persons prosecuted. Methodology: qualitative approach. It involves a thorough review of the relevant literature and the application of criteria, theories, and legal laws to substantiate the findings. The level of depth of this research is descriptive and explanatory, which allows us to describe the main characteristics and fundamental causes of the expiry of pretrial detention. Conclusion: This research work establishes that compliance with criminal law contradicts constitutional norms. There is a discrepancy between our constitution and criminal law since the suspension of time limits when a sentence is handed down violates the right to liberty and the presumption of innocence when the constitutionally established period of pre-trial detention is exceeded. Therefore, a reform of our criminal legislation is proposed to address this issue. General Area of Study: expiration of preventive detention in Ecuador.

Eliceo Antonio Jaramillo Tenenpaguay, Diego Palacios Moreno

59-89

Study on the feasibility and operability of domestic arbitration in tax matters in Ecuador

Introduction: The Organic Law for Economic Development and Fiscal Sustainability provisions regarding the negotiability of tax obligations revived the debate on the advent of arbitration as an alternative instrument for conflict resolution. Objectives: This study aims to determine the key elements that would allow for its feasibility and eventual implementation. Methodology: In response to the proposed issue, this research adopts a non-experimental qualitative approach and is structured through the exploration and description of regulations, comparative legislation, and other relevant documentation. Subsequently, an analytical method will be employed to contrast the information collected and establish a position on the topic, thus generating innovative and useful knowledge. Results: In that order, the arbitration trajectory experienced in fiscal matters within Ecuadorian legislation was reviewed. In addition, the formal (legal) and informal conditions traditionally used to veto its establishment were analyzed. Next, the international experience of countries such as Portugal, Venezuela, and Colombia were outlined, and the aspects that contributed to their respective successes and failures were identified. Conclusion: From all of this, it is deduced that tax arbitration has no legal or constitutional impediments. Furthermore, the Portuguese model could be a valid reference to establish the institution’s foundations in the country. However, it should be noted that its alignment with the purpose or scope of application provided by the law for transaction or mediation would be detrimental to its impact.

Fabian Alejandro Romero Jarrín, Daniel Fernando Ordoñez Chica, Jorge Alejandro Argudo Polo

141-163

Development of spatial intelligence in design students using augmented reality in the creation of three-dimensional objects

Introduction. Spatial intelligence is essential in a world where technology and design are accessible to all. Augmented reality, by combining virtual elements with the real environment, facilitates the visualization and understanding of three-dimensional designs. Implemented in the teaching of Technical Drawing, it allows an active and immersive interaction with virtual models, which improves the understanding and manipulation of objects. This tool stimulates the intuitive exploration of designs from different perspectives, facilitating the analysis and evaluation of concepts. Research shows that augmented reality improves understanding and replication of 3D objects. Objective. To enhance the development of spatial intelligence in design students through the implementation of augmented reality in the creation of three-dimensional objects. Methodology. The research focuses on improving the representation of three-dimensional objects in Design and Architecture students. An experimental process was implemented in the classroom to optimize technical drawing. The methodology focused on spatial understanding and proper proportion. Two approaches were compared: a traditional one with printed reference images and another with augmented reality on mobile devices. Time and quality of representation were evaluated. Results were statistically analyzed with Student's t-test in 23 students aged 18-20 years. Results. Augmented reality was shown to improve academic performance in technical drawing. Pre- and post-implementation test results showed a significant increase in mean scores, from 5.52 to 8.37. The median also improved, from 6.70 to 8.30, and the mode increased from 3.30 to 8.30, indicating a generalized improvement. However, the standard deviation increased from 0.35 to 2.21, indicating greater variability in post-implementation results. Although some students benefited more than others, overall, augmented reality proved effective in improving academic performance in technical drawing. Conclusion. Augmented reality has revolutionized technical drawing, impacting both education and industry. It facilitates three-dimensional visualization, improves the accuracy and interpretation of designs, and favors the integration between the digital and the physical. Students who use it achieve more detailed and accurate representations, improving their academic performance. In addition, its interactivity and 3D visualization facilitate the understanding of technical concepts. In projects, it helps ensure that the design fits the needs of the project, reducing costs and rework. In short, augmented reality is essential to drive innovation and excellence in engineering and design. General area of study: Education in Design. Specific Area of Study: Technical Drawing.

Juan Alberto Paredes Chicaiza, Martin Benancio Monar Naranjo, Edgar Andrés Heredia Gamboa, Jessica Viviana Martínez Vergara

164-181

Analgesic comparison of TAP block with bupivacaine and dexmedetomidine, versus tramadol and metamizole in OVH.

Introduction. Currently, echo-guided nerve blocks are performed for multimodal pain management; this is a regional anesthesia tool that is of utmost importance in clinical and surgical practice. What is sought is to desensitize certain sections of the animal organism, the use of local anesthetics provides analgesia and reduces the anesthetic demand of patients. Therefore, what we seek is to avoid any type of suffering as a result of pain and as professionals we must guarantee that Our patients do not experience this sensation. Objective. The objective of the present investigation was to determine the analgesic effect of TAP blockade with bupivacaine and dexmedetomidine, compared to tramadol and metamizole in OVH. Methodology. In this research work we evaluate whether the transversus abdominis block (TAP) with bupivacaine and dexmedetomidine is more efficient when controlling pain, compared to the administration of metamizole sodium and intravenous tramadol. The patients were previously selected and it was taken into account that they weigh between 5-10 kg, the patients were listed in two groups and the treatments were assigned randomly. The TAP block was performed bilaterally using the 2019 Chinese-made Chison ECO6 Color Doppler Ultrasound, for which a Chinese-made 10 MHz Chison linear transducer was used. To deposit bupivacaine (2.5 mg/kg) combined with dexmedetomidine (100 ug/kg), German-made Stimuplex® echogenic needles from B-Braun were used. The group of individuals who did not undergo the block were medicated for postoperative pain intravenously with tramadol (6mg/kg) plus metamizole sodium (40mg/kg). The degree of pain was evaluated using the Glasgow Pain Scale during a 12-hour period in patients undergoing olivaryhysterectomy. Results. The perception of pain of the two experimental groups at 12 hours after surgery showed that there were no significant statistical differences (p>0.005) between the analgesia provided by the IV route, compared to performing the nerve block of the TAP branch. Therefore, the proposed hypothesis is null. Conclusion. It is concluded that there were no significant statistical differences in the perception of pain in the two experimental groups, therefore performing peripheral nerve branch blocks is safe and feasible, since it helps in the multimodal management of pain and in this way we improve the well-being of our patients, it should be noted that it is a widely used technique in human medicine and today the implementation of this technique in veterinary medicine is feasible and shows great results.

Luis Dirney Ortega Ortega, Pablo Giovanny Rubio Arias, Edy Paul Castillo Hidalgo

182-192