“Garantías del debido proceso a los miembros de las fuerzas armadas que se encuentran inmersos en los procedimientos administrativos disciplinarios”

This work is aimed at analyzing the Guarantees of Due Process for members of the Armed Forces who are involved in disciplinary administrative procedures. The interest lies in recognizing and understanding the due process guarantees that must be ensured for members of the Armed Forces involved in dis...

Täydet tiedot

Tallennettuna:
Bibliografiset tiedot
Päätekijä: Edison Ruben, Iza Tipan (author)
Aineistotyyppi: masterThesis
Kieli:spa
Julkaistu: 2024
Aiheet:
Linkit:https://dspace.unl.edu.ec/jspui/handle/123456789/31214
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Yhteenveto:This work is aimed at analyzing the Guarantees of Due Process for members of the Armed Forces who are involved in disciplinary administrative procedures. The interest lies in recognizing and understanding the due process guarantees that must be ensured for members of the Armed Forces involved in disciplinary administrative procedures, in order to make use of the basic guarantees enshrined in the Constitution of Ecuador. Additionally, it explores real cases that have been brought before administrative justice and are available for review, to determine the application of those basic guarantees. It is essential to propose concrete measures and training actions for members of the Armed Forces and the justice executors who issue administrative acts. Regarding the investigative process, it can be established that currently, with the new ORGANIC LAW OF PERSONNEL AND DISCIPLINE OF THE ARMED FORCES and its GENERAL REGULATIONS TO THE ORGANIC LAW OF PERSONNEL AND DISCIPLINE OF THE ARMED FORCES, the analysis of cases that were explored reveals that due process guarantees, such as the right to adequate defense, the presumption of innocence, the impartiality of the tribunal, and the promptness of the procedure, are fundamental to protecting the rights of military personnel. However, areas for improvement are detected in the practical implementation of these guarantees. In summary, the current legislation undoubtedly provides an appropriate framework for the protection of the rights of members of the Armed Forces. It is essential to strengthen the practical application of these guarantees to ensure a fair, transparent, and equitable disciplinary administrative procedure.