Master in Procedural Law - Version 3
NAME
Master in Procedural Law
MODALITY
hybrid
PROPOSITION
$ 6500.00
TITLE TO BE OBTAINED
Master in Procedural Law
DURATION
2 Semesters
START AND TERMINATION
09/2024 al 09/2025
RESOLUTION
RPC-SO-09-No.265-2021
PROGRAM VERSION
3
PHONE NUMBERS
4091000 - Ext. 735 - 731
Home
The Master in Procedural Law of the University of Azuay in its design has three fundamental axes:
to. The curricular structure reflects the concern for the training of teachers, who understand the legal phenomenon with an interdisciplinary approach (politics, interculturality, human rights, gender, history) linked to the development of a critical and practical vision of Procedural Law.
b. It has a consolidated institutional framework, due to the experience in similar programs offered; as well as the use of suitable, sufficient and modern tools to meet the expectations of their teachers.
c. The Master's program has a professional trajectory, those who train in it will have tools that will influence the field of their profession, without neglecting their rigorous research training.
PROGRAM COORDINATOR
Dr. Olmedo Piedra Andrade
Phone: + 593 998053022
Graduate profile
Upon completion of the curriculum of this program, the student will be able to understand the new procedural model and develop their skills within the framework of the oral procedural system, being able to take a critical position in this regard.
Learn about new legal figures, their relevance and effects in the procedure, as well as their interpretation under the Constitutional Norm. The graduate, in addition to having a comprehensive vision of the process as a fundamental legal institution, a necessary and suitable means to enforce the rights and guarantees of people, will acquire the necessary skills to develop the litigation techniques that constitute a basic requirement in the current system. oral proceedings.
Comprehensive training based on a coherent and adequate study and analysis of the procedural institutions in each area of Procedural Law, its particularities and repercussions, will allow the student to acquire a critical position regarding the implications that each of these areas of the procedural model adopted in our country are its own, being able to identify its particularities and specificities.
The graduate will know precisely the debates, contributions and modern trends in light of current doctrinal currents and technological means whose implementation is increasingly necessary in procedural systems, providing them with special regulations and regulations that must be not only understood, but applied in an appropriate way to avoid the violation of rights. The knowledge acquired around the modern oral procedural system will contribute to an exercise of Procedural Law
| MODULE | CONTENT |
|---|---|
| FUNDAMENTALS OF PROCEDURAL LAW AND INTRODUCTION TO THE PROCESS | * Sources of Procedural Law: formal sources and real sources. * Procedural law as a science: Function and contents. * Notion of process. Concept and types of processes. * Purpose of the process. Process and procedure. * Location of procedural law. -Elements of the process. Characteristics: Autonomous, instrumental, formal, permanent, general. * Procedural Principles: Importance and role in the development of the process. - Procedural subjects and their attributions. * Classification of procedural subjects: jurisdictional official, procedural parties, auxiliaries. * The procedural act. Concept and definition. Procedural act and procedural fact. |
| ORGANIC PROCEDURAL LAW | -The adjective law: organic part and procedural part. -Jurisdiction: Etymology, existing meanings, criteria to determine jurisdiction. -Jurisdictional function.
* The jurisdictional act. * Jurisdiction and international law. * Competition: Concept of competition, Relationship between jurisdiction and competition: Conflicts. * Organization of the courts and due process. Judicial independence. * Analysis of the Organic Code of the Judicial Function and the organic part of the General Organic Code of Processes. * Effective Judicial Guardianship: Legal Implications. Objective. |
| PROCEDURAL ACTS | * The procedural acts. Effective judicial protection. Instrumentality of procedural law. -The subjects of the process and procedural acts: Acts of the parties, acts of the judge, act of the other judicial assistants, vulnerable subjects and the "100 rules of Brasilia." * Form of the procedural acts. * Time of the procedural acts. Deadlines. * Place of the procedural acts. * Communication of procedural acts. * Procedural conventions. Current status and prospects. * Preclusion. * Procedural nullities. * Computerization of the judicial process. * Electronic communication of procedural acts. * Electronic process. -Electronic procedural act and its impact on the general theory of the procedural act. |
| GENERAL THEORY OF THE TEST | * The evidentiary system and orality. * General concepts of the test. * Object of the test: Truth and proof. Purpose of the test. * The principles of the test. * Evidence systems. * Test subjects. Sources and means of proof. * Purpose, subject and need of the judicial evidence. * The evidentiary activity and the burden of proof. * The means of proof: documentary evidence, testimonial evidence, expert evidence. * Assessment of the test. Phases of the evidentiary activity in the process. * Modern trends in human evidentiary law at the constitutional level. * Principles of application of rights. * The essential content of the rights. * Ownership and enforceability of rights. |
| ARGUMENTATION, INTERPRETATION AND ORAL LITIGATION | * Argumentation and legal argumentation. * The object of legal argumentation. * Usefulness of legal argumentation. * Theories of legal argumentation: Perelman; Toulmin; Alexy; Mc. Cormick; etc. * The argumentative conflicts. * The fallacies in legal argumentation. * How to argue and how to motivate. * Different types of argumentation and fallacies. * Argument as a control mechanism. * The internal justification and the external justification: The easy cases and the difficult cases in legal argumentation. * What is interpretation. * The theory of legal interpretation. * Oral litigation techniques. * Types of litigation. |
| GENERAL AND VOLUNTEER CONTENTIOUS PROCESSES IN CIVIL MATTERS | * Contentious and voluntary processes: Study and understanding of the legal nature. * Particularities: Characteristics, elements and purpose. * Processes depending on the judicial protection that is pursued with the action: Declarative and constitutive. -The knowledge processes. * Object of knowledge processes. * Theories about the legal nature of knowledge processes. Purpose of knowledge processes. * Summary processes: Notion, purpose. * Summary processes included in the General Organic Code of Processes. * Executive Processes: Notion, characteristics and purpose pursued. Payment for payment proceedings: Notion, legal nature, foundation, novelty in the new Ecuadorian procedural model. * Voluntary and monitoring processes. * Description of the voluntary processes. Purpose of voluntary processes. Purpose of the voluntary processes. Non-contentious procedures. |
| JUDICIAL RESOLUTIONS AND CHALLENGE | * The sentence as a procedural act that resolves the conflict, concept and analysis of each type of judicial decisions. * Classes of judicial decisions, declarative sentence, constitutive sentence, sentence of conviction. * Particularities and own characteristics, importance and significance within the process. * The challenge system: Foundation, background, concept. * Classification according to Hierarchical and Material criteria. * Hierarchical Criterion: Remedies or horizontal resources. * Objective and rationale. * Procedure. * Resources themselves. * Purpose and procedure. -Analysis of the means of challenge, its processing and relevance within the process. * Termination of resources, withdrawal, expiration. |
| DEGREE WORK | * The problem. * Research question. * Objectives and scope. * Materials and methods. |
| EXECUTION IN PROCEDURAL LAW | * Execution of the sentence: Concept, historical background, execution by virtue of the sentence classes. * Ways of executing the obligations arising from the sentence. * The Execution Process. * Special features. * Execution of mediation acts, arbitration awards, foreign judgments, unenforceability of judgments and legal limitations, effects of unenforceability. |
| CONSTITUTIONAL PROCESSES AND JURISDICTIONAL GUARANTEES | * Study and understanding of due process as a fundamental right and framework for the exercise of rights. * Due process and fundamental rights. * Study and understanding of due process as an autonomous fundamental right. * Basic components of due process. * The right to effective judicial protection. * Constitutional due process and legal due process. * Special reference to due process in the framework of criminal law. * Due process as a guarantee framework. * Definition of guarantee: ordinary guarantees and constitutional guarantees. * Classification of guarantees. * Characteristics of the guarantees. * Purpose of the guarantees. * Study of constitutional guarantees: jurisdictional; regulations and public policies. * Study and discussion of the jurisdictional guarantees in force in the Constitution. * Protective action; the extraordinary action of constitutional and of the law regarding the guarantees. |
| INTERNATIONAL JUSTICE OF HUMAN RIGHTS. THE JURISDICTION OF STATES IN INTERNATIONAL LAW | * General Aspects of the jurisdiction: Definition. History of jurisdiction in international law. Forms of jurisdiction. Basis of jurisdiction. Conflicts of jurisdiction. * The Prescriptive Jurisdiction: Definition. The principle of Lotus. Rights and privileges versus obligations and sanctions. Legality of extraterritorial actions. * The Awarding Jurisdiction: Definition. The relationship between domestic law and international law. The universal jurisdiction: Civil, Criminal. Limitations on the exercise of jurisdiction. * Jurisdiction of Compliance: Definition. Aspects related to territoriality. Legal consequences of exercising jurisdiction abroad. * Ecuador and international jurisdiction: Bilateral scope: Bilateral Investment Agreements. Regional scope: Inter-American Court of Human Rights and Andean Court of Justice. Multilateral scope: International Court of Justice, WTO Dispute Settlement Body, UNCLOS dispute settlement. International procedures on Human Rights. |
| ADMINISTRATIVE AND TAX CONTENTIOUS PROCESSES | * Administrative action. Administrative legal forms. Control of discretion. * Indeterminate legal concepts. * Administrative Justice. Principles of the administrative process. The inactivity of the Public Administration. The sanctioning power. The contentious administrative and tax jurisdiction. * The jurisdictional organization in Ecuador and effective judicial protection. * The jurisdictional control of the administrative activity. * The contentious administrative and tax process, particularities, elements that make it up. |
| CRIMINAL PROCESSES. | * Principles of the Criminal Procedure. * The adversarial oral accusatory system in the XXI century. * Criminal action, its structure and exercise. * Procedural subjects in the criminal process. * Criminal investigation techniques. * Means of Evidence in criminal proceedings. * Precautionary measures and protection measures. * The Criminal Procedure: Ordinary Procedure. Special Procedures: Abbreviated, Expedited, Direct, Private Exercise Procedure of the action. Rules in processes of violence against women and members of the family nucleus. * Resources in criminal matters: Appeal. Cassation. Revision. * Forms of early termination of criminal proceedings. |
| ALTERNATIVE MEANS OF CONFLICT RESOLUTION | * Normative sources: the Constitution of the Republic and arbitration and mediation; the Arbitration and Mediation Law; the Regulations of the Arbitration and Mediation Centers and the General Organic Code of Processes. * The arbitration agreement: definition; minimum content; procedural relevance of pathological clauses. * The objective arbitrability and the compromise of the obligations involved in the conflict. * Arbitration in equity and arbitration in law: procedural implications of this difference: in the substantiation hearing; in the contents of the award. * Mediation: the role of the mediator. * Acts of mediation. Mediation and the procedure of an arbitration trial. * Arbitration and Public Law entities: objective and subjective arbitrability requirements; constitutional and legal conditions. The requirement of approval of the arbitration agreement by the Attorney General of the State. Arbitration and administrative acts. * Explanation of the procedure of an arbitration trial. * General Rules: The confidentiality of the arbitration. * Incidents. * The place of arbitration. * The Stages of the Procedure: pre-arbitration stage, demand, summons and answer (formal requirements), modification of the demand and answer, mediation, appointment of arbitrators, integration of the arbitral tribunal; the arbitration stage: substantiation hearing, evidence, arguments and conclusions. Award. Reading of the award and horizontal appeals. * The referees. * Powers to issue precautionary measures. * Powers to make the award; obligations of the arbitrators. * Challenge of arbitrators. * The action for annulment of an award: grounds, jurisdiction. The nullity procedure according to Resolution No. 008-2017 of the National Court of Justice. The constitutional right to appeal a ruling and the sentence issued by the Presidents of the Provincial Courts of Justice in nullity actions. * Is the waiver of the annulment action compatible with the Ecuadorian legal system? * The alternation of arbitration: Procedural legal analysis of Art. 190 of the Constitution and Art. 1 of the Arbitration and Mediation Law. Legal manifestations of the alternation: separability of the agreement; please arbitris; competition from the competition; the arbitration procedure. * Two judicial procedures related to the arbitration: (i) the execution of the award and the mediation records; (ii) the approval of a foreign award. * Analysis of the rules of the General Organic Code of Processes. |
| STATISTICS | * Tables and frequency histograms. * Measures of dispersion and central tendency. * Probability and Bayes theorem. * Hypothesis tests. * Fundamentals of R. |
Entry requirements
Applicants for the Master's Degree in Procedural Law must have a third-level academic title that accredits them as a Lawyer or Doctor of Law. It will be decisive that the applicants have the capacity for ethical, critical and evaluative analysis regarding problems and technical-legal questions that arise in the field of Procedural Law.
Admission process
Applicants must register on the Postgraduate Department website: www.posgrados.uazuay.edu.ec They must upload: passport-sized photo, third-level degree, identity card and updated CV.
Registration (50 USD) must be paid through the payment button with any credit card, or at the university treasury, or by deposit or bank transfer to the following accounts:
Pichincha Bank:
Current account No. 3186821004 - RUC: 0190131777001
Guayaquil Bank:
Current account No. 6447600 - RUC: 0190131777001
Produbanco:
Current account No. 02070000472 - RUC: 0190131777001
In case of deposit or bank transfer, once payment has been made, a copy of the receipt must be sent to transfers@uazuay.edu.ec and posgrados@uazuay.edu.ec indicating your personal data (ID number, full name, address and telephone number) and the program to which you are applying, for registration in the system.
SCHEDULE
REGISTRATION: Until Sunday, August 11, 2024
START OF CLASSES: September 2024
Featured teachers
Contacts
| Teacher | Contact |
|---|---|
| Abraldes Sandro Fabio | sandroabraldes@gmail.com |
| Escobar Ullauri Pablo Agustín | pablo.escobar@graduateintitute.ch |
| Galarza Castro Pablo Leoncio | drplgalarzac@hotmail.com |
| Hermida Palacios Carla Marcela | chermida75@hotmail.com |
| Iturralde Alban Francisco Abelardo | francisco_iturralde@hotmail.com |
| Mejia Salazar Alvaro Renato | armejiasalazar@gmail.com |
| Mendoza Vazquez Ivan Andres | imendoza@uazuay.edu.ec |
| Mosmann Maria Victoria | mvmosmann@gmail.com |
| Neira Orellana Edgar Napoleon | eneira@gvn.com.ec |
| Ochoa Rodriguez Guillermo Alejandro | guillermoalejandroochoa@gmail.com |
| Ontaneda Rubio Ana Maria | amontaneda@gmail.com |
| Stone Andrade Xavier Olmedo | stonendrade@hotmail.com |
| Stone Iglesias Wilson Olmedo | |
| Race Castañeda Cesar Stalin | stalinraza@hotmail.com |
| Sacasari Aucapiña Edgar Geovanni | gsacasari@uazuay.edu.e |
| Salazar Icaza Juan Carlos | juanca_sy@hotmail.com |
| Storini claudia | claudia.storini@uasb.edu.ec |