1
artículo
Publicado 2022
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In the conviction that the law is like life itself and that of all the unimportant things, soccer is the most important, this article tries to find similarities and differences between the thinking of the referents of legal argumentation and that of football coaches who have left their mark on the sport. In the case of law, positions that proclaim weighting are reviewed, as well as one that defends it as a hard core; As far as soccer is concerned, ideas will be analyzed that despite the time that has elapsed remain valid and exalt their creators.
2
artículo
The objective of this article is to try to determine to what extent are the judges committed to regulatory development, analizyng the consequences that this can brin if higher principles or fundamental interests are at stake. The big question is whether they should step forward seeking to obtain justice through law. Today, judges are no longer the silent mouth of the law but rather active participants in social conflict through their resolutions. Above all, if they have to solve processes related to Family Law. Their work should be focused on seeking to apply justice when the laws do not provide a solution to a specific case and not be afraid of the possibility that a disciplinary process will be opened to them.
3
artículo
It is mandatory that the Prosecutors justify because they ask for penalties. It would be ideal for them to carry out a development of argumentation similar to the instrument they apply, indicating the reasons that make their request permissive. Nothing exempts them from dispensing with an effort of justification when they intend to deprive a human being of their freedom. A Iushumanist policy hopes that the doors of justice are always open so that form of state intervention produces the same effect with a lower social cost. As Master PieroCalamandrei said the Judge before applying Law, must first apply justice.
4
artículo
Although it is important that the child is with his mother during the first years of his life, but this right as much as the mother as the child collides when the mother is serving a sentence,because the prisons do not have the infrastructure or the personnel to guarantee, protect, provide and cover the basic needs of the inmates themselves, much less those of a child as their, health, education, recreation, among others.This is where the participation and interest of the State as administrator in charge of safeguarding the rights of all citizens and protecting the Principle of the Higher Interest of the Child determines the decision of any person and the law, more favorable to safeguard and protected their interests.
5
artículo
The pandemic situation that the planet is going through has overwhelmed all the health facilities and programs. The penitentiary detention centers have not been oblivious to this reality. To the known problems of an infrastructure overwhelmed by the inmate population and to the scarce medical attention that a high percentage of infectious-contagious diseases brings, this new virus is added, the full effects of which are unknown. It is also worrying that a high number of the prison population is still facing sentencing processes: due to excessive abuse of the preventive detention mechanism and the almost null application by the judicial operators of the principles of proportionality and reasonableness. Jail is the exception. The judges have made it the rule.
6
artículo
The coronavirus pandemic that is currently scourging humanity has managed to take our capacity for surprise to unsuspected limits: on the one hand, we observe through the mass media high- ranking officers of the Peruvian National Police buying products at exorbitant prices that they do not meet quality standards (masks, gloves, etc.) to hand over to their colleagues who valiantly risk their life to take care for ours; to provincial and district mayors making their own stock of basic necessities, and also magistrates who in virtual hearings continue to know processes derived from acts of corruption committed by magistrates who, disregarding Elementary concepts of ethics, took advantage of their position to make a clean sweep of the law and justice. It is worth nothing that the responsibility of these bad servers is aggravated in a superlative way by the ...
7
artículo
Publicado 2020
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In our society, adequate relevance is not taken for what should be a palpitating concern that grows every day. We refer to sexual abuse being understood as that situation in which the person and specifically their privacy are violated, making them sensitive in all possible aspects. This scenario is really unfortunate for those who live it. It is nothing new to find, once again, women inmersed in statistics that explain the amount of abuse against them. It should be noted that minors are one of the vulnerable groups that tend to be linked to this type of action that falls into a serious criminal offense.
8
artículo
Publicado 2020
Enlace
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The mass media are increasingly presenting cases of athletes who resort to doping as a way to gain an advantage in sports competitions. This occurs in the vast majority of times due to the increasingly high salaries and the sums that companies invest in advertising for image concept. Nobody wants to be second. Only worth first. The glory is only written by the victors. As a counterpart we did not stop being alarmed, when we appreciated how those whom we had as impeccable champions were later seen as cheating mud idols who, by an unexpected discovery, deservedly ceased to pay homage.
9
artículo
Publicado 2021
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We do not discover anything new when we point out that the jurisdictional operators when deciding on the freedom or imprisonment of the defendants are affecting transversal human rights. But let´s stop for a while: the problem is not constituted by norms or principles; how the judges operate on them has become a kind of Russian roulette that directly affects the procedural subjects under their jurisdiction. This lack of proportionality and reasonableness in the criterio they take directly collides with two variables: the predictability of court decisions and legal certainty. Consequently, those affected are the human rights of the inmates. Even more so if we take into account that in our country prison rehabilitation centers resemble Nazi concentration camps.
10
artículo
Luego de un arduo batallar ponemos en consideración de la comunidad académica y público en general la edición 2022-I de la Revista Lumen de la Facultad de Derecho de la Universidad Femenina del Sagrado Corazón. Esta publicación reúne artículos que se refieren no solamente a diversas ramas del derecho, sino que abarca también temas de filosofía y de investigación jurídica.
11
artículo
This work deals, as its title indicates, with a temporary analysis by means of which a problematic reality knownto all such as racism in sport and which has been occurring continuously for many years, requires solutions tobe sought. The aim is to find solutions that not only allow us to confront such racism, but also to contribute tofight it so that it can finally disappear.
13
artículo
Publicado 2022
Enlace
Enlace
In the conviction that the law is like life itself and that of all the unimportant things, soccer is the most important, this article tries to find similarities and differences between the thinking of the referents of legal argumentation and that of football coaches who have left their mark on the sport. In the case of law, positions that proclaim weighting are reviewed, as well as one that defends it as a hard core; As far as soccer is concerned, ideas will be analyzed that despite the time that has elapsed remain valid and exalt their creators.
14
artículo
The objective of this article is to try to determine to what extent are the judges committed to regulatory development, analizyng the consequences that this can brin if higher principles or fundamental interests are at stake. The big question is whether they should step forward seeking to obtain justice through law. Today, judges are no longer the silent mouth of the law but rather active participants in social conflict through their resolutions. Above all, if they have to solve processes related to Family Law. Their work should be focused on seeking to apply justice when the laws do not provide a solution to a specific case and not be afraid of the possibility that a disciplinary process will be opened to them.
15
artículo
It is mandatory that the Prosecutors justify because they ask for penalties. It would be ideal for them to carry out a development of argumentation similar to the instrument they apply, indicating the reasons that make their request permissive. Nothing exempts them from dispensing with an effort of justification when they intend to deprive a human being of their freedom. A Iushumanist policy hopes that the doors of justice are always open so that form of state intervention produces the same effect with a lower social cost. As Master PieroCalamandrei said the Judge before applying Law, must first apply justice.
16
artículo
Although it is important that the child is with his mother during the first years of his life, but this right as much as the mother as the child collides when the mother is serving a sentence,because the prisons do not have the infrastructure or the personnel to guarantee, protect, provide and cover the basic needs of the inmates themselves, much less those of a child as their, health, education, recreation, among others.This is where the participation and interest of the State as administrator in charge of safeguarding the rights of all citizens and protecting the Principle of the Higher Interest of the Child determines the decision of any person and the law, more favorable to safeguard and protected their interests.
17
artículo
The pandemic situation that the planet is going through has overwhelmed all the health facilities and programs. The penitentiary detention centers have not been oblivious to this reality. To the known problems of an infrastructure overwhelmed by the inmate population and to the scarce medical attention that a high percentage of infectious-contagious diseases brings, this new virus is added, the full effects of which are unknown. It is also worrying that a high number of the prison population is still facing sentencing processes: due to excessive abuse of the preventive detention mechanism and the almost null application by the judicial operators of the principles of proportionality and reasonableness. Jail is the exception. The judges have made it the rule.
18
artículo
The coronavirus pandemic that is currently scourging humanity has managed to take our capacity for surprise to unsuspected limits: on the one hand, we observe through the mass media high- ranking officers of the Peruvian National Police buying products at exorbitant prices that they do not meet quality standards (masks, gloves, etc.) to hand over to their colleagues who valiantly risk their life to take care for ours; to provincial and district mayors making their own stock of basic necessities, and also magistrates who in virtual hearings continue to know processes derived from acts of corruption committed by magistrates who, disregarding Elementary concepts of ethics, took advantage of their position to make a clean sweep of the law and justice. It is worth nothing that the responsibility of these bad servers is aggravated in a superlative way by the ...
19
artículo
Publicado 2020
Enlace
Enlace
In our society, adequate relevance is not taken for what should be a palpitating concern that grows every day. We refer to sexual abuse being understood as that situation in which the person and specifically their privacy are violated, making them sensitive in all possible aspects. This scenario is really unfortunate for those who live it. It is nothing new to find, once again, women inmersed in statistics that explain the amount of abuse against them. It should be noted that minors are one of the vulnerable groups that tend to be linked to this type of action that falls into a serious criminal offense.
20
artículo
Publicado 2020
Enlace
Enlace
The mass media are increasingly presenting cases of athletes who resort to doping as a way to gain an advantage in sports competitions. This occurs in the vast majority of times due to the increasingly high salaries and the sums that companies invest in advertising for image concept. Nobody wants to be second. Only worth first. The glory is only written by the victors. As a counterpart we did not stop being alarmed, when we appreciated how those whom we had as impeccable champions were later seen as cheating mud idols who, by an unexpected discovery, deservedly ceased to pay homage.