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The interpretation of the law and adapt it to the XXI Century Ecuador

The interpretation of the law and adapting it to new trends of thought, but not to the combination of three key elements, namely, semantics-explained in the previous game, or the ability to correctly interpret the content of the words and in this case the texts of laws, the same way and with the same sense that the legislature did, the legal ethics which means the set of rules and principles which set out the duties governing the conduct of legal practitioners in their various roles as lawyers or judges, and legal axiology is not simply the philosophical study of values \u200b\u200bapplied to the standard and that in context with the other two form a whole called positive law.
is doctrinally called positive law, to all the legal rules that make up the law established by the legislature, as well as those that were in place for some time and were repealed going to be the historical right of a nation.
The above rules are inspired by the events caused by humans then, in its need to regulate their actions in the context of current thinking and development to bring their daily lives. These rules, given the dynamics with which the human faces life are becoming obsolete, as new forms of thinking and acting that call for new rules that harmonically balance development and the need to live in order and peace. These need to harmonize development and regulate against the order and peace necessary to know them as relevant precedents for Legal Axiology in our system, and are those that form the basis for the establishment of the purposes for which the law must serve as means of achieving justice, which in absolute terms, is the pillar which rests the principle of domestic social and political legitimacy of the democratic State.
So then as the State relies on the power conferred by law, precisely because of the power law allows the state organization and operation, thus benefiting its people, then, is the law which should serve as a means for the general welfare as a means of union between the different sectors of society to enable their coexistence, which make possible the cooperation among its members, as far as not to interfere with fundamental freedoms individual freedoms that are guaranteed by the law that always works as a means of certainty and security of societies, through the realization of justice and legal interests involved or suspected of it, like for example: peace and order, life and individual dignity, basic rights of individual freedom, the rights of equality before the law not only but also in terms of opportunities to participate in the various activities within the State, as the democratic right to participate in active politics, or to require proportionality in economic relations within the production process - fair wages, fair income, fair price, "etc. The alter ego
of legal ethics and legal axiology is found in the Constitution, in other words, the Constitution is the root and branch from which they spring primary and secondary legislation that will regulate the lives of citizens in all their activities, ie The newly elected Assembly members to the Constituent Assembly must weave fine threads of wisdom the cloak of legality and We will cover legal Ecuadorians XXI Century. It is they who must understand the need to have the appropriate legal basis to ensure that Ecuador has a law that would lay the foundations of sustainable development and sustainable over time, to ensure their people's primary human rights, the right to life as the right to health and justice, the right to freedom as the right to equality and equality before the law, indissoluble equation complete with the right to education, learning and knowing fundamental principles from which party the right to freedom, then who knows you have the freedom to choose, to choose and the same knowledge know your limits and obligations, how far and how far he is allowed to act, the right to have understood as the right to work that allows you to generate the necessary and essential goods such as housing, work that will ensure food and dress, work release allowed to build the future of your family unit of society and fundamental symbol of a free State, the right to self-determination as the right to define themselves collectively as a 'Free and Sovereign State', in where people are just as free and sovereign in its entirety and defined the power and freedom to resolve their fate in home and overseas. In sum, on this government become the locomotive of the train called Constituent Assembly, and mainly in the elected assembly, heavy responsibility and already the relentless passing of view of history, are themselves and their immediate descendants with celebrate all the benefits of their success or pay the consequences of costly mistakes.

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A Constituent Assembly Navigator step by

Even today, five hundred fifteen years of the saga with universal impact of the discovery of America by Christopher Columbus, is still discussing and analyzing the magnitude of his achievement. His personality and world-renowned image has transcended File records of the chronicles of the Indies to be seen in the popular imagination as a myth. Distinguished by some and decreased for others, historiography, this wonderful science documentary invites us to learn imaginary journey in time, shows that their voyages to the New World marked the beginning of a dizzying historical period of the last five hundred years humanity, perhaps the most important and most dynamic impact on societies.

Last week another admiral personally marked a new epic in the discovery of knowledge, a factor which stimulates the societies. Your income, brisk and affable smile, classroom 302 of CEPIRCI ULEAM last Thursday, 18, did not allow the start that we, students of the Master of Business Administration in Human Resources MBA mention mere mortals unaccustomed to the presence of "enlightened knowledge, dimensionáramos the real magnitude of the person later we teaching the class in the module called "Leadership." That success

the ULEAM again in the person of its President, Dr. Medardo Mora, and CEPIRCI in the person of its Director Dr. Jaime Rodriguez, have bothered to equip Manabita and Ecuadorian society of academic excellence with that we enjoy those aware of the need to better serve society to be better prepared, we went to their classrooms swollen with academic fervor. And I say that is a success, since his clear vision has led them to enter academic assistance agreements with the most prestigious universities in these latitudes, like the one signed with the universities of the Sea Maritime and Chile, where clusters of teachers from mostly have been given high content knowledge in the various graduate school that offers the CEPIRCI.

inspiring eloquence with which the "Navigator" came from the neighboring country of Chile, he gave his chair, hypnotic attention that followed his teachings, as this advance in vision the future was conceived before his goal, since he was exercising the Rector of the Maritime University, or perhaps earlier, since when the command of the submarine "Simpson" returning from the Antarctic maneuvers did not hesitate to risk his own career, to help salvage, towing a ship not designed for it, the "Copernicus gas carrier" who was adrift in rough seas to the west entrance of the Strait of Magellan. No doubt writing lessons in the log of life, then teach them the various human factors which has had a positive influence, as has been in our crew on the last journey of learning.

impossible to forget his words spoken in the context of the subject taught, highly topical phrases: "Ethics is the compass to navigate the business world when there are clouds" , or one that is true to the times Ecuadorians live about the Constituent Assembly that says "The rules laid down in the social context are consensus" , or "Freedom is the ability we have to give" , or "Being a better person means to be a better human being, or "The person is an end in itself, therefore not usable, making it respectable , or one that referring to free will states that: "You can decide who wants to be" or that politicians and leaders should learn that says "must serve to be rewarded, and therefore must be given to receive ", or that which motivates us to create and pursue our goals and ideals " When there is a purpose, life has meaning ".

would be remiss time, ink and paper to list the wise teachings of a man of extraordinary greatness but with even greater humility and simplicity with which taught her lessons.
finally arrived on Sunday, last day of the Masters, and came to our normally stressful concerns and expectations, it is the day of the tests for each module received presentations day group and individual interventions under the scrutiny of the teacher and peers, usually a day we all look when finished, go to our homes in disarray, but the latter did not happen, the Aula Magna of CEPIRCI, stage presentations of the work to evaluate, was the scene of reconciliation, the applied learning to work practice team, was the scene where a group of people, a human factor clearly identified with a leader, not wanted let him go, not wanting the highest benchmark in the lives of those present to leave, leaving orphans who had assimilated and felt like a real phone, there must be sweet to invite students to return to their homes and their families.

So today, because I am expressing the feelings of all master's mates, we wish "good wind and good sea" in his journey through life, a distinguished teacher, Admiral of the seas of the world, Don Juan Carlos Toledo of Maza, with people like you the world would be different.

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Poor ULEAM semantic interpretation of the law

Poor semantic interpretation of the law is on our environment, has resulted in more than a contradictory ruling, as a direct result of damage more who have been burdened with these is the poor image of justice we have in our country, ergo, the perception of legal uncertainty that would homelands border exists and where we are given low scores in the administration of justice.

To better understand how the semantics that influences judicial decision making, you need to know before you mean to which depart from the knowledge of semiotics, defined as the logic of symbols, this is divided into three parts: syntax, semantics and pragmatics. The syntax These are signs relations between them, regardless of their content (for which we are interested sign means a word, with its own unit in the vocabulary). Semantics is the study of meaning of linguistic signs, ie words, phrases and sentences. Those who study the semantic try to answer questions like "What is the meaning of word X?". To do so they must consider what signs are and what they have meaning, or what is, what they mean for writers and speakers, as designated ie how to relate ideas and things, and finally , how they are interpreted by readers and listeners. The third deals with relations between the symbol and the subject who uses it. The

recent competition to renovate the High Courts, it was clear the low scores obtained by participants, a fact which has been the concern that if the new judges will be sufficiently trained to adjudicate according to the law as a result of proper semantic interpretation of the law rulings to be appealed for clarification or expansion, at best, and to exist in the ministers the ability to accept criticism, could be rectified, but unfortunately there are others in which the "alleged dark law "(read poor semantic interpretation) is used as the crutch to justify legal weaknesses, which would jeopardize the sway of dark and narrow interests.

If this is the profile of the new Ministers of superior courts, we can expect from top-level judges and prosecutors (with very few honorable exceptions of current functions), where as a condition for access by , you need to demonstrate experience of only three (3) years of professional practice, unrealistic requirement given the rare opportunity to work that exists in Ecuador given the massive delivery of poorly prepared lawyers graduate each year our universities.

In this gloomy scenario, most of the time, judges and prosecutors must make a particular interpretation of the law, and on occasion, and failure in proper semantic interpretation, and by hidden motivations-are hidden because if the judge or the prosecutor made public before issuing their rulings and opinions incur malfeasance, counteract the requirements of the 4th paragraph of the preliminary effective Civil Code, dealing with judicial interpretation of the law. In this title, Article 18 provides in paragraph 1: When the meaning of the law is clear, its wording be disregarded under the pretext of consulting spirit. Paragraph 2 reads: The words of the law is construed in their natural and obvious sense, as the natural use of the same words, but when the legislature specifically defined for certain materials, they are given legal meaning in them. In criminal matters, the Criminal Code exhaustively in Article 4 .- Prohibits in criminal matters to the broad interpretation. The judge should adhere strictly to the letter of the law. In cases of doubt it is construed most favorable to the defendant.

To illustrate the practice of poor semantic interpretation of the law in recent days and media, Mr. Boris Jervis Troy publicly denounced the irregular handling of Executive Judgement No. 132-2005, which, at its core and referring to the ruling issued by the Ministers of the Division of Civil and Commercial Court of Justice of Portoviejo (Ab. Griselda Dr. Luis Velez Velez and Girl Valencia) erroneously states that changed the proper interpretation of one of the exceptions, the lack of personality of the defendant for lack of personality of the actor, entangled in the clarification and extension of unmotivated failure to conclude by saying that capital does not influence the error in the decision of the case. (Sic)

Cases like the one told
are not exceptional, except those "cases difficult or exceptional interest, many lawsuits are handled on the basis of entanglement and to disparate interpretations of the law, not only because of insufficient in semantic interpretation, but also by the poor grammar shown in the present wording, decrees and judgments of Amen horrible misspellings.

The assembly should be considered in the new assembly, which in the Constitution, and in the section concerned with regard to the Legislature and the structure of the rules, consider the use of words commonly used or most preferred, and In the future, the coding committee of Congress, and the current Constituent (is that possible?) Are composed of lawyers with postgraduate studies in semantics, composition and creative writing. Concomitantly, obliging candidates for future judges, ministers, judges and prosecutors to approve before the relevant course, an examination of semantic interpretation, grammar and writing. And that, which is (not Hayen) in office, they (are not) because of refresher courses required course in the same subjects.

course the ultimate solution must come from better-change from the base fully-school education programs, middle and top.

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claim Ecuadorians do not know, sometimes ranted without order or other method and the more angry answer, perhaps because in our ignorance prudently propose a complaint has no place, and this almost always happens because those targeted by the complaint are not responsible enough to solve it, or worse, are not sufficiently prepared to understand and translate into improvements in service improvements that impact on society itself.

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Pharisee ... Second Third

Reviewing the title of the article, previous delivery had talked about the concepts of righteousness and caudillos, easily associated with the political scene in which we live and the effect that these concepts are in the power of Latin American regimes, especially concerning this part of the continent, where professional politicians elected by vote at various government dignitaries of a State, have failed to return to work and actions that are directed at improving the quality of life of their constituents, who, by way of this unfairness and inconsistency, are diluted their last hope for change and trust in politicians turn to those who recognize themselves as false, interested only in personal well-being to the detriment of the collective interest and which are recognized as Pharisees (hypocrites) who practice self-righteousness (hypocrisy) in the double standards presented before and after every election.

happens then, that in this context somewhat repetitive of Latin American societies, nascent hopes and dashed hopes in the professional politicians, that the majority of their populations, a deeply rooted popular, low cultural and disadvantaged by the unjust distribution of wealth that survives in our continent, will cyclically creating leaders, leaders innate but without the proper preparation, that once in power they become authoritarian despots, that feed the discontent and resentment of the people to exercise their authoritarianism, and thus wipe out every principle of freedom which is the most precious of all human beings, destroying the law that guarantees individual freedoms, both freedom of religion as more important, "freedom of expression" that is channeled through the media, permanent and preferred target of the attack of these "neocaudillos' because of his despotism (abuse of power or authority in force dealing with others) are not interested in your ideas, actions and judgments in power, are contrasted, worse judged by public opinion, because their primary concern, is en destruir cualquier clase de oposición que atente a sus planes del ejercicio de un poder autoritario dentro de un régimen de totalitarismo absoluto. Ejemplos sobran, la cadena de televisión venezolana RCTV, prácticamente “confiscada por el gobierno del caudillo Chavez”, o el del diario La Hora en Ecuador, enjuiciada por opinar diferente que el gobernante de turno, amén de otros medios amenazados a alinearse con el pensamiento del régimen, o de lo contrario son estigmatizados con epítetos de prensa basura, periodismo amarillista, gamberros que se parecen o valen el nombre que lleva el palo transversal del mástil de los veleros, según sus propias palabras.

Y así, entre sucesos de government not to respond to planned actions, the daily Elapsed Ecuadorians, in a kind of existentialism in which are placed before the circumstances of the daily experience of objective knowledge, or what is, in a kind of practice trampled and improvised actions in the absence of rational plans validly agreed, and in this general power of improvisation has already turned into a vice of our American culture, this kind of existentialism, is a succession of different governments, caustically improvising until improvisation.

In this scenario, from time to time and scarecrows are some unsuspecting coryphaei to align with official actions, Rather inexplicably repeating analytically minded, take advantage of spaces to align media and apologist for the actions excessive, disproportionate and unfair to the 'neocaudillos', trying to justify the unjustifiable and illegal closure of TV station Radio Caracas Television Venezuela. Since these amorphous lackeys say insulted the intelligence, defending democracy. Wonder, that democracy exists where you live in totalitarianism, argues why the outrage than by the abusive and capricious interpretation of the law, you begin to do in our countries to prosecute those who believe the criterion of a country on the issues interest national.

is vital to keep democracy, living in freedom, where there is freedom of expression and press freedom, as a State may be agitated and moved by what the press say, but this state can die for what street press.

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Pharisee, warlords, authoritarianism and other isms in late bulls!

At the start of writing this article, I wonder if I'll be tucking in his shirt of eleven staff, as if the only substantive trend that has the item that I've decided to baptize it is no longer enough material for analysis because of the connotations substantive individual who conforms, therefore, to confess my fear understandably conjugate with reality we are facing the ever- and mere mortals eager residents of this scenic, and opposed captivating country, so that, without more, planted in the middle, as holder gayola bullfighter, I will explain my reasons for writing in circumstances that the bulls, which inevitably allude, are 'shaved horns, fierce and rigged', do not tolerate criticism and also have the authority for the plaza that is themselves.

Many of us in our society we often apply the term Pharisee when someone's behavior is not what it should reflect to others. This term is purely biblical but we understand evil and therefore we use it wrong, because 'the Pharisee' as it appears in the Gospels, not only despises the other, but also a hypocrite. And this is the reason why we use the term as a synonym of how we describe those with double talk double face mask featuring ordinary people would have taken advantage of popular support for their own benefit, using as a springboard that will catapult the corridors of power, the low capacity of voters to choose from so that puffed steam after the shooting where the biggest deals are forged distillate base metal with watching quemeimportismo away to their constituents without regard to their fate, leaving them in the darkness of ignorance and misery because that's where draws its reason for being and essence of opportunists and demagogues. These ineffable characters will call more familiarly as the Pharisees of politics, and it is their inconsistent actions, shown before and after asking the popular favor, the self-righteousness with which people have responded to voter, village strongman who continues to paint color wrong to hope to live on welfare and sustainable development.

Caudillismo is the people's need for new "charismatic leaders" whose manner of seizing power and bringing government is based on the deification of his person, to make the population believe that the 'leader' could solve all problems existing.

The power of the warlords is based on the support of major fractions of the masses, many of which by means of violence constitute the tool for abuse and authoritarian rule.

This popular support, recent history has shown that turn against the leaders when their hopes have been dashed, then the people turning their new hope in the creation and follow another leader who managed to convince its ability to improve the country, creating a vicious circle then dragged from the birth of the Republic, and that can only be broken and become virtuous when we know with maturity and responsibility meet the basic obligation to give the people education, health and work, which is necessary to open the world and not close autistically or rather autarkic.

abusive practices that we see every day, and are required for the use of force, have been as bad legacy of caudillo genesis of our republic. The leader has always sought glory and power, and works of glitz and sensational actions try to win the sympathy of the population, discrediting the most of the previous democratic practices, discrediting constitutions legally established to inspire others to their convenience and, especially discrediting his opponents or opponents, so that with a base of popular support to reorganize the government and the state at will.

Our country is one of the republics that were formed on an inconsistent basis, on an embryonic state, economically disorganized, chaotic political order and no government plans to continue to discipline and order - bad practices that continue to this day. For this reason, democracy is not fully effective and improper use is made of the achievements of liberalism, instead of the correct use of freedom.

current political instability is a consequence of how it was organized by the State, the birth of republican life without a native base, identity, or worse self-representation, so much so that Ecuadorians were born to the republican with the Venezuelan president, they say that history is a constant repetition of events, but in this country are repeated with slight differences, and since then occupied between disputes caudillistas our history we have forged with burrs forge slag that is not pristine nor given the resilient material to the vices of power and vanity, we have obtained only clay idols.

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LIVE A DAY WITHOUT AGENDA AND MISUSE OF ECUADOR Ecuadorian

a year ago and the Minister of Education re-elected, the distinguished Manabi, Esq. Raul Vallejo, wrote in Look magazine No. 921, that the country is going through a serious crisis of its institutions, which some call a Constituent Assembly to start all over again and others want to reform the constitution in line with the desire for change. He explained that the problems of Ecuadorians, were but a reflection of the outdated and misguided education programs that have been happening over the last thirty years without noticing the effectiveness of the same face the challenges of development and needs of the population. That is, living a day in the most significant development of the state sector, without anyone in the upper echelons of successive governments have been concerned to assess their effectiveness in initiating necessary corrective measures, worse talking of an investigation plan your impact on the population according to the needs supervening, hence the current consequences.

Minister proposes that the school must develop a program of "Civic Education" which has as its objective that the students reflect on the meaning of the law, democracy, participation (best understood as the involvement and ethical commitment to his surroundings), duties and rights of individuals. Reasons correctly the Minister when he says that schools and colleges should be organized and develop seminars, workshops or conferences, to reflect on the need to form the civic conscience of the future citizen and citizens that the country needs to go, and that for this purpose, it becomes imperative to study Article 97 of the Constitution, which talks about the duties and responsibilities of citizenship. Thereby, it becomes a matter of central importance and capital appreciation Minister activity in relation to the study of the Constitution in Article 97, therefore only summarize a few of the duties set forth therein shall quote: Numeral 3. Respect human rights and fight because they are not violates, section 4. Promote the common good and put the greater the interest; numeral 5. Respect the honor of others; numeral 6. Work efficiently; numeral 9. Manage honest public property, number 14. Denouncing and combating corruption; numeral 18. Practice the profession or occupation subject to ethics. Only with the practical teaching of these few statements appointed, we would have guaranteed a better future for Ecuador. What do you expect then Minister to implement it?.

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Because we do not use common sense? YES TO REFORMS

Common sense is knowledge is acquired through experience and through the senses , in a spontaneous, dispersed, uncensored and conventional. It is spontaneous because it is subject to an unexpected action that originates and is given without have consciously sought, or is caused by the need for immediate solutions to particular problems, is sparse because it reflects the reality of a dispersed way limited to explain the facts alone, without establishing relations between them, and because it is conventional type of knowledge is based on tradition or consensus of the majority, hence the common feature, ie their validity is based on the convention of those who shared and used, so can be described as spontaneous, scattered and conventional.

Common sense sometimes known as the least common of the senses, appears to be precisely the least common in Ecuador, it does not escape our perception the lack thereof, in certain people who for some reason we interact in our daily lives, and the consequences of which we have to suffer if incomprehensibly who feel, think and act with common sense who, if we understand and know the limits of compliance with the disrespect, the tolerance of intolerance, the limits of the rational with the irrational and those who act in the result without a mechanically dogma without being obsessed with the application of a poorly drafted regulation or compliance with an absurd disposition given by someone with the same lack of common sense that his subordinates, missing the objective reality the environment in which we live.

And so we suffer the absurd consequences of disuse of the tool of rationality, examples of senseless attitudes abound, ranging from the particular to the general, so for example, the reprehensible attitude of the guard was named Loor Pacific Bank Manta-shopping agency, on Monday, 23 past, who with rare and stubborn arrogance and rudeness, he tried to restrain the cashiers that I received a deposit for the mere fact of being with my grandson standing arms in the row of the elderly and pregnant women, pretending that I was ready to make the long tail without even giving me the opportunity to explain my hernia disc in my spine, advantageously and to my luck, the man who occupied a site in front of me, "obviously a rational human being with common sense offered me the deposit at the time that the mentioned guard was preparing to seek help of another gatekeeper cowardly attempt to attack me without caring that I had my grandson in her arms. Or in the case suffered by my daughter at the airport who had to travel for medical order to Quito as their state of pregnancy was in danger because they have been found a picture of placenta previa, and sensitive as he was, he needed assistance to board the plane with small infant son, my grandson, but unfortunately was subject the absurd and thoughtless actions of the guardian of access to the output filters, a Miguel Espinosa irrational that no opportunity for explanation and he did not mind the status of my daughter, tried to stop almost shoved my son carrying a permission of the head of counter to enter until the aircraft door, to provide assistance as required in an extremely delicate health. Or the case of closure for three hours to San Mateo track last Saturday, for the use of two dozen cyclists at the expense of thousands of users.

Examples are happening, and what we particular to the general, the state management on the commons, and we are incomprehensible to the news that the country has huge deposits of copper, which successfully exploited it could be located as the second largest producer of the precious metal after Chile, with an estimated annual production of twelve billion dollars (the debt Ecuador is in the order of thirteen billion), but by that which the country belongs to everyone, no matter if they are minorities pseudo-environmentalists, it is damaging to all Ecuadorians by way of boycotting the concessions granted legitimately, and not does nothing to solve their exploitation. That if the contracts are or were harmful to the state, then that is the renegotiation but to proceed with urgency to activate them, that they affect the ecology-without being the truth, "since they are obliged to meet the required environmental mitigation studies, the present mining techniques are clean technology, environmental friendly and unlike disorderly exploitation, outrageous and represented Nambija precarious for the country, where if there was poisoning their rivers with mercury and nitrates, exploitation of modern technology for the state represent Canada in less than five years the debt is repaid and immeasurable resources mean that holding the Ecuadorians promising days of welfare and progress (we speak of reserves by nearly one hundred and twenty billion). So where is common sense, because they boycotted the exploitation of the mineral? What part do not understand the important contribution that represent the welfare of the Ecuadorian exploit this resource?. Ecuadorian happens to us, we act with common sense!.

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, NO sectarianism (Final)

purpose I wanted to wait for the constituent consultation has been concluded, and the result is now well known, to comment about the urgent need to discuss the structural changes the country needs to ensure the postulate Universal "Nation to ensure sustainable development for its inhabitants." And in this context, the discussion should be absolutely democratic, allowing all currents of thought access freely to express their opinion without restrictions, threats, or worse, sectarian institution of persecution and division among Ecuadorians, then Ecuador is a corollary of nations and ideologies championed by the same tricolor who longs to live well and dream work, freedom to choose what suits you best in an environment of peace, security and respect, and not if it means the triumph of the constituent A license to banish authoritarian ideas and proposals for written and conceptualized antagonistic groups with a vision of homeland in the free exercise of democracy.

Of course, as there are different political views, there are many contentious issues, which each school of thought and would like to see embodied in the new Constitution, but above all, it is recommended and desirable for ideological papers temper and reconcile on the basis of the highest good of all inhabitants of our beautiful country.

detachment should be analyzed with the benefits of the dogmatic part of the current Constitution, and sift the organizational arrangements, the eligibility requirements for legislators, justices of the Supreme Court, Comptroller, Attorney General and other dignitaries of relative importance, to rectify the defects of form and procedure have been reasons for conflicts and morbid interest.

The Constitution of 1998, introduced in Title III, major reforms of social content, is concerned to include the effective implementation of the rights, guarantees and the corresponding duties of citizens, reforms in the areas of health, of education, where the Article 71 spent 30% of the general government budget for this sector, also established in Article 70 the accountability of the national education system aspects that have not been met. Reforms in the field of rights guarantees: Habeas Corpus, Habeas Data, Amparo Constitutional establishment of the Ombudsman (?) And, most importantly in my opinion, so that the problem lies not in laws but in the attitudes of people, and that to achieve real change should become cornerstone of outreach and education to all Ecuadorians, not just those of school age, the Constitution of 98, Title III, Chapter VII, which discusses the duties and responsibilities, we gave in Section 97, twenty ordinal starting with the mandate to comply with and enforce the Constitution, the law and legitimate authority decision-time-out to reflect back, and reviewing the last days of life policy, especially the last episodes experienced, I wonder if this has been accomplished, and obviously the answer is NO, and box comes my next question, what or who will ensure that the new Constitution does not fall into the wet paper quality the present? - and, well, randomly commenting that Article 97, the 4th ordinal speaking to promote the common good and put the greater the interest; or ordinal work efficiently on the 6th (?)-you my dear reader must have felt like all Ecuadorians, inefficient and indifferent attention of state bureaucrats in the Civil Registry, IESS, Emelmanabí or Pacifictel to name a few, and now even in the private sector, banks tails of ignominy, where when you were stuck with their permit application, that moment is just the system or simply the employee is instructed to change, change that the constituent? -, in the 9th ordinal states; Manage honest public property, in the ordinal 14 is designated "denounce and combat acts of corruption." You think all these postulates have been fulfilled?, And I do not think it would be futile to continue discussing the other, if we know to have been violated. It is therefore urgent that as the preferred model will promote state propaganda and disseminate all the paragraphs of Article 97 of the still current State Constitution, state propaganda campaign, the other, justified and permanent implementation.

Constitution also introduced the 98 major changes in the judicial system was instituted the orality of the trial to give the Ecuadorian justice without delay, a justice inspired by the principles of immediacy, speed and efficiency in administration. Where stresses that justice is not sacrificed by the mere omission of formalities, but unfortunately, all these statements harmoniously structured and shaped with the best intentions, have left it in simple sentences, for despite having spent nine years of existence, has not implemented an oral trials in all matters, has achieved efficiency in the administration of justice, with case backlogs and misplaced for times beyond doctrinal worst forecast legal secondarily an talking.

The Constitution agonizing 98, doctrinally stated in Article 242 that the organization and functioning of the economy will respond to the principles of efficiency, solidarity, sustainability and quality to ensure the residents a life of dignity and equal rights and opportunities to access employment, goods and services, and ownership of the means of production. Then I wonder, how bad is the current Constitution to which it has been demonized as the reason for all the ills of Ecuadorians?. This country will not be strongman, in the absence of those practices that dominated the political and economic scene, exiled on charges of corruption and aged about others, looking for new leaders, and are the candidates who seek to subject the people in a historical repetition of identical events, as obtained with the birth of the Constituent Assembly will be twenty recently approved in the republican constitutions of Ecuador that have not changed anything in the eventful political life, and have achieved sustained economic growth for the benefit of its inhabitants.

is expected that the Constituent go the best, and not without sufficient preparation or fops to understand that importance and supremacy of the Constitution has in the life of the state, and hopefully also the intelligent and intuitive people know to value those valuable items and make no mistake choosing dancers, TV showmen, players or hucksters in your area are good, but are not able to arrange and design the destiny of nearly fourteen million Ecuadorians. Dr. Eduardo Caamaño

Vega
Worldbec@hotmail.com

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REFORMS IF NOT sectarianism (Part II)

Since the entry into force of the Constitution of 98 the good initiatives on key policy reforms have been limited if not nil, and this has taken place for the existence of the famous constitutional lock groups operated at the whim of hegemonic power, bad representatives political parties in successive governments and elites disqualified aupadas National Congress, which, through ignorance and a desire to maintain their sinecures and other economic benefits for the purpose, which is the same thing, they have blocked permanently depriving the country of the necessary implementation and enforcement of necessary legislation, thereby creating not only legal loopholes, but fundamentally backwardness of the country causing the brake on development, affecting competitiveness, participation in regional markets and their integration into the globalized world in conditions that ensure the sustainable development of Ecuador and its people.

Now, this unfortunate truth, has become the best ace in the hole of the current government to the forefront to sell the idea that the country needs deep structural changes-without telling us today, and which they not be achieved but only with a component with full powers. Until then, for those who know no law, there would be nothing extraordinary, but for those if available, the constituent not justified and less total power, since Ecuador from the date of entry into force of the present Constitution until the days preceding the convening of the referendum to approve the installation of the component, has not lived a dictatorship warrant it.

I will not go to argue about it because it largely irrelevant, since the referendum approving the same and is called, what interests us here is that precisely the debate formed to determine its validity has not been a distraction but manages to sell the idea of \u200b\u200b'constitutional panacea', which is strategically as the spearhead of the force that sustains the ideas to perpetuate in power, without opposition of any kind, within a totalitarian and autocratic; advantageously sized purpose can not be overlooked and need to demonstrate it, because to do so, using as tool the threat and fear and the security forces under his command, has neutralized the National Congress, the Constitutional Court and even the judiciary itself, which now hang anodically instances the Supreme Electoral Tribunal. In the latter, you visualize a finish similar to the "yellow shirts" in the early stages of Nazism, despots who helped Hitler come to power and who once located there, he ordered their extermination in the famous "Night of Long Knives"

The country does not need fighting between Ecuador, do not need that many Acostas that have nothing to do with the banker, are stigmatized and become the target of resentful as ever, and The prosperous and Piguave Quishpe any, are considered as marginal and therefore the other contenders natural that absurd vision of the country.

The Ecuador you need is to be discussed seriously the importance of reforms urgently needed to project long-term reforms such as that access to Congress only to serve as legislators, legal professionals, with proven experience and at least a graduate degree in Political Science, Public Administration or Law to name a few. Educational reforms are also urgent in outlawing dereliction of duty for teachers and servers who do not attend health centers and rural clinics, to be implemented management audits for teachers who do not implement the third axis or cross-cutting themes in the revised Education Law, which talks about the obligation of teachers of any subject at any stage, to suspend the class of the field for five or ten minutes and log on to deal with the basic values \u200b\u200binherent in the human , teach that we should not available to the alien, you have to care for the common good as their own, to be met responsibly with personal obligations, including bringing the world only able to keep them children. Dr. Eduardo Caamaño

Vega - Worldbec@hotmail.com

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REFORMS IF NOT sectarianism (Part I)

interpret laws is to discover its true meaning and scope for application in specific cases in a precise manner, without distorting the intention behind the legislature to create such a rule. The authentic interpretation of the Act, exclusive of lawmakers in Congress, the judicial interpretation of the Act, is made by judges, magistrates and Courts Justice-not only electoral tribunals have jurisdiction to prosecute election offenses, in cases within its jurisdiction. And finally on constitutional issues, the Constitutional Court to arbitrate its implementation.

In Ecuador today, we could say without a doubt, that the institutional crisis is so severe that it has exceeded its scope to become longer in a crisis of democracy, where all social actors interpret the Law at will and greater convenience, that is, we live in a totalitarian, where the underlying issue is not whether the Constitution is good or bad, and that if the Constituent Assembly, which panacea, was to solve the country's problems. No, no, no, that's what they want us to believe in order to destroy, most have done, the institutions of democracy, there is Congress, Supreme Court and Constitutional Court threatened, and so we try to impose a model of muchachero government, where the mentor from the Caribbean, lets you get the notes of his well-orchestrated anti-democracy, that his best style is enthroned in power through the chaos and fighting between Ecuador. And for that, without paradigms, taking advantage of sufferers always, those who have never won an election and are always touching the disqualification of political party and this is their vaunted fight against the 'party-stick and stone to attack the intelligence and intuition of the people and seek to silence their voices, which under the tyrannical absolutist manifesto "or you're with me or not with me and so are my enemy."

As trust in who yesterday remained and received his pay as a professor at the University of the attacks and is now trying to stigmatize pejoratively to its governing body, teachers and students, where I have understood many children attend of this city that are not even remotely pelucones or bosses or elites of any kind, but on the contrary, excellent extracted element of a thriving society, economically harassed but deservedly so courageous and ideologically free and democratic.

And while this is happening, has happened to bend the status of the famous constituent, which has been endowed with full powers, and then, as in Venezuela, will come a weary succession of referendums and elections that will distracting the public opinion of the problems not addressed, health, education, infrastructure, and what is worse in the creation of jobs, because according to projections of the government and broadcast on television, the only South American country that have positive growth rates in 2007, is Ecuador, where the direct impact of job loss is thirty thousand Ecuadorians and the hint of a hundred thousand. Great!, Now even I, extreme nationalist, I think where you have better opportunities to emigrate, and many of you will, because as I said before, the people can be ignorant but not stupid, intelligent and intuitive people, who knows and knows that in a system like ours where there is no "legal certainty" basis without which there is no productive investment, which is the only possible via the well-being research and development, and therefore, more important, the creation of jobs. Safe investments, they will not look anywhere near this beautiful but battered country.

If we add that the only plan that was presented as their own government in his first official trip to Brazil, and was taken lawfully, being bright and seriously prepared by the strategic vision that Manabi I created and promoted, is the "Multimodal Manta-Manaos axis," because there were no others present at that magnitude, and I know that has until now, so that necessary reforms we speak, and justifying the constituency?. Dr. Eduardo Caamaño

Vega
Worldbec@hotmail.com

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ATTACK AGAINST THE PRINCIPLE OF DISCRETION OF THE AUTHORITY WHO IS

seems that we have come to live in a nebula, which is clearly not the way to where to go, not the path we have taken. Certainly we live in a regression, and actions arising from the different social actors become anachronistic. The best analogy that fits for comparison, is that we walk like crab, backwards.

These comments by way of preamble, are evident in an episode experienced by the rector of a higher institute of Montecristi, compared to the legitimate penalty imposed on an unruly student and reluctant to meet the requirements, rules and laws governing Asher (year of compulsory rural education service) which was under; sanction prohibiting him from participating in the graduation ceremony, and that laws did not apply because he was not concerned with her rebellious student, the exercise of any rights of incorporation to the level of teacher or the purely disciplinary sanctions resulting from an act of simple administration it will mean any imminent danger, serious and irreparable, budgets required by Article 95 of the Constitution, for submission and acceptance of amparo proposed Constitutional student against the rector and members of the executive council of the school, and, foolishly accepted the filing by the associate judges of the Court Administrative Contentious Portoviejo.

But the issue would not be so special in fact, were it not, that court proceedings in violation of Article 95 of the Constitution in force, which provides that lodged the appeal on the same day notify the authority which adopted the contested measure, and to convene within the next twenty-four hours take place in open court that will hear the parties and may if considered, suspend the effects of the contested measure to be resolved by the court of appeals suggested. Hearing in this case, was convened illegally in a strange way to say the least, one hundred forty-four hours after the action proposal and just twenty-four hours before they held the official ceremony of graduation, contributing in this way, the sanctioned student makes mockery of the principle of discretion of authority, and even worse, to make allegiances with legal institutions and organs of justice called to enforce law and order as the mentioned Court.

Regardless of the reasons that have warranted the penalty imposed, which are serious breaches of regulations and the principle of integrity of the teacher, the continuous violations of the Act to do just those who are called upon to make meet are those that motivate the rejection and censorship of citizens of the country to its institutions and authorities, and is reflected in the real sense of legal uncertainty in which we live.

Tomorrow, a member of the police force refuses to comply with a sanction imposed by their superiors, and proposes an amparo absurd attack on the principle of discretionary authority, which, as in the case narrated , is improperly handled, then, in what order and public security would be talking about?

I wonder what would have happened if instead of the fantasy action filed constitutional protection, had proposed a legitimate, in which the real damage was real and serious and even life threatening in persons, we would be waiting a month to resolve likely-considering the time for the narrated event, "but then it would not be discussing where to bury victims before the appeal is decided by the court of yore.

This is not built the country we want and we all want.

Dr. Eduardo Vega Caamaño

worldbec@hotmail.com

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ALCAHUETEA TO STATE JUSTICE?

In the ambiguous statements made by Dr. Victor Lozano, President Superior Court of Justice of Manabi, in the framework of the meeting with judicial, police and legitimately concerned President of the Chamber of Commerce Manta, Lucía Fernández, on the problems presented by the release of those involved in abduction cases, which according to him, "State is the great pimp and guilty," I've been reading flavored finger, and forced some unknowns that lead me to explain:

Who or what is the state? .- The state is "a fictitious person, 'and therefore subject to more rights-enforcement that rights-and obligations, which corresponds to the main essence of being a legal political organization, because of the territory and the power of the people who inhabit it. The State represents and acknowledges it in an area sheltered by a flag, an anthem, a shield, and its authors, who are responsible to issue, execute, and observe the rules of political and legal organization. Following the concept of Plato, we would say that the State is a whole that includes and unifies all forms of life of individuals. His power and authority are unlimited as its power to promote the happiness of all.

does
how is the state? .- The present Ecuador is a democratic, sovereign, and whose sovereignty lies with the people. Its organization and administration rests on three fundamental powers, independent of each other, namely: the Executive, Legislative and Judiciary. Judicial or Judicial power is the state body in charge of the power to administer justice by the public authority conferred upon the State to prosecute and to execute judgments in a particular subject, that authority rests with the courts and tribunals established by Laws.

colleagues then, that the State is only a fictitious person who is represented by the President of the Republic by the Executive Branch of the Deputies or legislators who are in charge of the legislature, or the power to legislate and provide laws and rules for peaceful coexistence and Judges, ministers and judges that make up the Judiciary , which are responsible for administering justice in the law protected the latter, and for the effects that interest us, we must add the Public Ministry (prosecutor), an autonomous entity to the other branches of government, but closely linked to the function Judiciary is responsible for preventing the knowledge of criminal cases, and therefore conduct and promote research criminal pretrial and trial, and those who depends on who the suspects are arraigned before the competent judges, they also are responsible to monitor all stages of trial, prompting the prosecution in criminal conduct. And added to these, the Police also have the obligation to provide evidence and validated throughout the criminal process.

In the case of the accused of the alleged crime of kidnapping (obligatorily course I have to say, because otherwise it would not have been released defendants), which were released as is clear from reading the statements of Dr. Lozano , that the figure of crime admitted by the judge granted bail, implying that " State is the great pimp, guilty, which has given these policies should be. And we each stone throw us "(sic). Horror of horrors, because the law exists, articles from 188 to 190.1 of the Penal Code. And in the event that the law is inadequate, judges, ministers and judges through the Supreme Court, as provided in Article 144 paragraph 3 of the current Constitution, calls for submission of draft Act as may be necessary to correct these blunders and kits of the Penal Law.

conclusion, not the State as a fictitious person and as such be still, the pimp of the remnants judicial officials are the people in exercising their powers, they do the right thing and ordered the supreme law and the laws of the respective subjects, such as the one reported in Section 19 of the Civil Code, which provides a duty of judges undeniable , for cases when there is a lack or darkness of law, consult with the legislature through the Supreme Court to obtain a certain rule for new cases that occur. And those released say Long live the freedom that gives me the State alcahuetea to justice!.

Dr. Eduardo Vega Caamaño
worldbec@hotmail.com

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THE RIGHT TO PRIVACY, THE HONOR, THE DIGNITY AND GOOD NAME

(Part III)

When we speak of rights that an individual has authority to act in a certain way against the obligation of others to act in certain ways for us or anyone else in particular. Against the State are "right holders", ie the state becomes the agent and of course willing to meet our rights enshrined in the Constitution, many of which there are built-in recognition of the embodied in the Universal Declaration of Human Rights of the United Nations.

If we agree with a view of ethics understood as the art of living well, and this means recognizing the right to coexist on the other, we then agree that the rights of individuals must be a primary concern of those more knowledgeable about the issues of daily life have, and are, being closely linked to it by virtue of their profession, journalists, who 'in solidum 'move that responsibility to the media for which they work, being then as a consequence, the media, the sources of knowledge emanating from the rights and duties of the company.

The media today have an extraordinary technological power that allows them to reach the site at the time of the incident and make it available to the audience almost instantaneously, and sometimes the same technology allows them to reach even to the most hidden and concealed, so it is not uncommon that at times can make public what is often private meeting in the field separated by a thin line to cross it, turn right to intimacy and self-image (read dignity) as the most threatened rights of freedom of expression. So we could consider as a conflict between freedoms, freedom of the individual to be sovereign in their private domain, against the freedom of the media to reveal what happens in that area when the media deemed as interest; best example this, for the dissemination of the illegitimate video of the arrest of prominent journalist of this city, whom the impromptu cameraman filming not content just with naked reporter wrongly, insults and denigrates in his personality.

The distinguished journalist and a PhD in Educational Sciences Nila Velásquez Coello, in the section of his essay titled Ethics, Communication and Journalism, with whom he collaborates in the work entitled, "Ethics for all", Editorial Planeta, 2004, pp. , 46 tells us that the Colombian Javier Darío Restrepo and Maria Teresa Herran, the 68 codes of professional ethics of journalists from different countries and continents, and concluded that there is a universal consensus not only on the need to adhere to certain ethical standards, but "there are so universally accepted norms of professional journalism." Between ethical values \u200b\u200bcoincide with those relating Restrepo and Herran, displayed the accuracy, confidentiality, the rejection of personal advantage and to plagiarism, independence, union solidarity, respect for fame (read good name) and the privacy of others, responsibility, the need for a proven and complete information, the obligation to rectify and the right to reply and community service.

the case referred to the farce set in the arrest of journalist, would to wonder if, from the ethical point of view, is it acceptable to get television and disseminate information obtained based on a clear desire to do harm and undue action who makes the video? How can we believe that those who obtained the information based on deception is telling me the truth?. It is not just acting in good faith, for good faith in journalism and other professions requires intellectual honesty and respect for the audience. Here, mistakenly thought that ignorance is synonymous with stupidity, and that resiliency may Creole with the intuition of people, then there is so blind as those who will not see. Still not too late to rectify.

Dr. Eduardo Vega Caamaño
mailto: worldbec@hotmail.com

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THE RIGHT TO PRIVACY, THE HONOR, THE DIGNITY AND GOOD NAME

(part II)

said in previous game, the right to privacy, honor, the dignity and good name, are invaluable and intangible values \u200b\u200bto each human being also explained that, at such violation of these rights suffered by all actors of society, the media have an obligation to come to play its fundamental role most importantly, objectively reporting the absolute independence, consistent with the need to be guides of society, consistent with the need to direct major preoccupations of the same and thus banishing scandalous practices because, as a journalist is not unrelated to fundamental human rights, as they are closely related to exercise ethics and respect for human rights. The demands of moral responsibility of media for what scope they have to reach the hearts and minds of millions of people every day face new challenges and demands of journalists committed to new ethical dimensions. The diatribe easy, slander and insult can never be weapons of this noble profession, if it is not possible to control at source, if you can at least curtail its spread. It is possible that those if we have exercised our right and duty to vote, and thus fulfilling choose who now display the dignity of representatives of Ecuador, are branded as rats, thieves, rascals, is that perhaps we are all rats, thieves or crooks?. Who is responsible for the honor, dignity and good name of the deputies?

In our surroundings, we note with concern justified as an attack on the honor, dignity and good name of a prominent journalist, regardless of the offense alleged to have committed, we see how others are horrified at judges the conduct of others, making clean sweep of the rules and procedures set forth in the Act and the Constitution, which in Article 16 provides: "The highest duty of the State is to respect and enforce human rights guaranteed by this Constitution." I ask, what human rights are respected when all the grotesque circus amount by which non-operating, without warrant, attacked with a video camera in hand 'abusing' the hapless journalist as if it were the worst crime in history? Who gave a seal of prosecutor, judge or deity (which very smug lady of yore will be convinced it is) to attack the privacy of others and make public the video? Do you know it, that Articles 155 and 156 of the Criminal Procedure Code, governing the authorization of the court to evidence obtained through videos? You know that person that Article 201 of the Organic Law of the Judiciary prohibits judges to process information pretrial summary or offending the honor and dignity of persons or their privacy? Do you know the amateur videographer that the Constitution protects the civil rights of the people of Ecuador and, in Article 23, paragraph 8 states "The right to dignity, good reputation and personal and family privacy, and that Law will protect the name, image and voice of the person "? Do you understand perhaps self-established judge, there is a principle of disclosure required by Article 195 of the Constitution, which prohibits the transfer of legal proceedings by the media, or recording by someone other than the parties? Are you aware that section 200 of the Penal Code provides imprisonment for two months to a year in which, without being a public employee, disclose actions or proceedings to which he has knowledge and which, by law, must be reserved?; Do you understand that section 202.2 of the Code provides that the person or persons who obtain information on personal data and then assign, publish, use or transfer any title, without the authorization of the owner or owners, shall be punished with imprisonment for two months to two years and a fine of one thousand to two thousand dollars of the United States?. Do you know that ignorance of the law does not excuse you from responsibility? Surely she did not know, and that the police did when he made the arrest, but that there are useful idiots.

In a next installment will conclude my discussion of the right to privacy, honor, dignity and good name. Dr. Eduardo Caamaño

Vega
mailto: worldbec@hotmail.com

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THE RIGHT TO PRIVACY, THE HONOR, THE DIGNITY AND THE GOOD NAME

(part I)


are invaluable and intangible values \u200b\u200bto each human being, hence it's been considered since time immemorial in natural law, as part of basic human rights inherent in their personal are now better known as Human Rights.

gravitate values \u200b\u200bbeing structurally in the environment of every human being within a practical level of their actions, are directly proportional and will form the scope of its assessment as a result of the synthesis of objective reality and subjective reality what we know as the ethical in which man develops within their relations with society, that is, we better appreciated the larger our participation and contribution contribution without prejudice by this same right to those who are less social actors.

So concepts, amazing in practice transgression that makes these fundamental principles of coexistence and respect for human rights, is injurious to the honor of people regardless of their rank or social position, the diatribe, insult Defamation and the chafarrinada are fresh bread, with bold disintegration of the objective and subjective reality, it is said that all legislators are rats, crooks, thieves, without considering that a large majority of them obtained their seats in the recent past elections with a volume of votes to pass the five million (just in Guayas, Pichincha and Manabi are concentrated around 4.5 million voters, representing 56% of all voters in the country ) and then with absolute myopia, then we let ourselves be influenced by images without alienating northern television shows to a small group of no more than three thousand people attacking the 'people's house' (the same that were branded as anarchists in half the world had not then and now Pat Roe if available), the capital autistic passers who do not represent anyone but only to his deep bitterness and resentment, rejection of the core society, ergo, their own families, which would have us believe that we are all Ecuadorians who want chaos, disorder and destruction of the peaceful coexistence of decent work, the desire for progress in addition to other State's financial assets and all Ecuadorians. Nothing could be farther from the truth!.

is then that the media should get to play its fundamental role and most importantly, objectively reporting the absolute independence, consistent with the need to be guides of society, consistent with the need to focus on higher expectations of it and thus banishing outrageous practices; understanding that society requires media consistent with the development of the times and the speed of change, committed to pulling and pushing for development to come together behind, and not to serve small groups of ephemeral power 'interns of democracy. "

When freedom of information becomes a key part of any democratic society, when the various social functions of the media are constantly attacked for political power, when the private lives of many people is subject to investigative journalism when their messages have the ability to stick in the mind and hearts of millions of people, it is not surprising that the demands of moral responsibility to the profession of journalism, in its many dimensions-grow considerably. Because often they are the pointers of the daily scene in which we live, influencing social actors making their decisions.

In a next installment, I'll explain in what way the media have a responsibility to the right to privacy, honor, dignity and good name. Dr. Eduardo Vega Caamaño

mailto: worldbec@hotmail.com