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case litigation » change mitigation (Expander búsqueda), civil litigation (Expander búsqueda)
case litigation » change mitigation (Expander búsqueda), civil litigation (Expander búsqueda)
1
artículo
Publicado 2021
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On January 15, 2010, Law No. 29497, New Labor Procedure Law, was published in the Official Gazette El Peruano, thus implementing a new form of litigation in Peru, and introducing two tools or groups of tools that allow the application of the new procedural instrument: information technology and oral litigation techniques. Indeed, the use of information technology, placed at the service of the administration of justice, and the use of oral litigation techniques, as a new litigation tool, constitute the new rules of the game, which allow lawyers, on the one hand, to formulate their case theories, from which they support their claims; and the court, on the other hand, to resolve the conflict, in the face of the case theories, exposed by the parties.
2
artículo
Publicado 2021
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This essay reviews the importance of the case theory in the development of the new labor process. It highlights the relevance of orality as a technique that seeks to replace the written model. It also shows thecomplications in the development of its application, which were caused by the accelerated judicial virtuality as a result of the COVID-19 pandemic.
3
artículo
Publicado 2023
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The author considers that the ordinary administrative litigation process is not the best way to manage the controversies that relate to pensioners and workers of the public labor regime. Therefore, it proposes that, like the laudable restructuring in the civil justice system, based on the experience of the New Labor Procedure Law, the oral process by hearings be adopted through the intensive use of information and communication technologies, and that the competences of the recurring cases be redistributed, easy, less complex and amount, to the justices of the peace lawyer, taking into account the food nature of such claims and the urgency in their resolution, until our procedural system incorporates them legislatively.
4
artículo
Publicado 2015
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In recent years, we have seen that the adversarial system has shaped the criminal process in various Latin American countries. This fact leads us to question what are the characteristics of this system, what are the benefits in comparison with the inquisitorial system and which is the method of teaching to which the different procedural actors are exposed.In this article, the author develops in a comprehensive manner the main features of the inquisitorial system and the changing paradigm in Latin American towards the adversarial system, and then explains the influence of this system on the trial lawyer. In addition, it addresses the theory of the case as a methodology that allows to adopt strategic decisions and improve the professional performance of the litigant. Finally, the author explains the necessity of an educational reform asa step in the reform of criminal proce...
5
artículo
Publicado 2014
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The right of freedom of association, nowadays, is considered a fundamental right of workers. However, and though it has been internationallyrecognized in several Covenants of the International Labor Organization, it has been a tendency among Latin American governments to limit the exercise of this freedom.In the present article, the author criticizes what he considers to be an excessive regulation of the exercise of the right of freedom of association by workers, present in almost every country in the region. These limitations are manifested through constitutional or legal restrictions to the formation of labor unions, union unity regimes and difficulties for the constitution of labor unions. In that way, he calls for the guarantee of the right of freedom of association for workers in Latin America.
6
artículo
Publicado 2014
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The New Labor Procedure Act has generated many changes in the structure of the labor process itself: It has turned from being written and unfocused to become now an oral and concentrated one. As a consequence, there's only once chance for convincing the Judge.This article covers the strategy to be followed in this new process, from the strategy itself to the allegations, in order to generate certainty in the judge whom will solve the case.
7
artículo
Publicado 2019
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Any reform in the justice system will have a transitional period, in which new models and procedural mechanisms will be revived, attitudes and new conduct in oral litigation will be adapted that will not only result in the success of the claim and protection of rights, but will make the process more agile, fast, transparent and effective, as is the case with the pilot plan implemented in the Superior Court of Justice of Arequipa, and it is through process management by audiences that the current system of the written process is being changed.
8
artículo
Publicado 2024
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This paper analyzes the case of the Brumadinho disaster, occurred in Brazil in 2019, which caused the death of 272 people, in addition to serious environmental damage. The Brazilian collective process system, formed predominantly by public institutions, responds with the prompt prosecution of collective actions, which resulted, in a period of two years, in three collective agreements. This article analyzes, through bibliographical research and primary data, the elements of the Brazilian collective litigation model that contributed to the success of the case and how they could serve as inspiration for other countries.
9
artículo
Publicado 2014
Enlace
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The right of freedom of association, nowadays, is considered a fundamental right of workers. However, and though it has been internationallyrecognized in several Covenants of the International Labor Organization, it has been a tendency among Latin American governments to limit the exercise of this freedom.In the present article, the author criticizes what he considers to be an excessive regulation of the exercise of the right of freedom of association by workers, present in almost every country in the region. These limitations are manifested through constitutional or legal restrictions to the formation of labor unions, union unity regimes and difficulties for the constitution of labor unions. In that way, he calls for the guarantee of the right of freedom of association for workers in Latin America.
10
artículo
Publicado 2014
Enlace
Enlace
The New Labor Procedure Act has generated many changes in the structure of the labor process itself: It has turned from being written and unfocused to become now an oral and concentrated one. As a consequence, there's only once chance for convincing the Judge.This article covers the strategy to be followed in this new process, from the strategy itself to the allegations, in order to generate certainty in the judge whom will solve the case.
11
artículo
Publicado 2024
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The study examines the incorporation of the premises of structural litigation theory by the Brazilian Federal Supreme Court (STF) in decisions under monitoring by the Center for Complex Structural Litigation - Nupec (ADPFs 347, 635, and 709). Adopting a deductive approach and an analytical procedural method, theoretical contributions related to disputes, processes, and structural decisions are initially addressed, including a list of the premises of structural process theory. The article explores the internal restructurings that the Brazilian Federal Supreme Court has implemented to adjust judicial procedures to handle structural disputes in the absence of regulation on structural processes in Brazil. Finally, based on the premises of structural processes identified at the beginning of the study, the contents of Brazilian Federal Supreme Court decisions are analyzed, with the aim of...
12
artículo
In this paper, the author states that every lawyer should be compelled to denounce before the corresponding bar association or the judge the cases of abuse of process that damages clients, so the (bad) lawyer, who is behind of these practices, can be punished. The author remarks the fact that, although judges and bar associations are the main protagonists in the punishment of abuse of process, the recognition of this lawyer’s duty can contribute to clients’ rights protection and the consolidation of rule of law. From this perspective, the author proposes that every abuse of process circumstance is perpetrated because a lawyer incited it or because he or she consented it; for this reason, a (bad) lawyer will always be the one who caused the abuse. Precisely, one “remedy” for a lawyer involved in these practices consists in recognize the duty of a...
13
tesis de grado
Publicado 2023
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En el presente trabajo se realiza un análisis crítico sobre el expediente N° 05986-2015-PA/TC, mediante la cual el señor G.A.J., presenta recurso de agravio constitucional contra la resolución de fecha 25/02/2015 expedida por la Sala Civil, Laboral y Familia de Vacaciones de la Corte Superior de Justicia de Lima Norte, por considerar que se ha vulnerado su derecho al debido proceso en el procedimiento administrativo sancionador iniciado en su contra por la Policía Nacional del Perú, además de señalar de manera paralela la vulneración de la comunicación previa y detallada de la notificación que dio inicio a dicho proceso administrativo y su derecho de defensa. Por consiguiente, nuestro tema de evaluación ha sido, por un lado, observar la presunta existencia de una violación al bien jurídico protegido y por otro lado, evaluar las diferentes vías idóneas aplicables para el ...
14
artículo
Publicado 2024
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The study examines the incorporation of the premises of structural litigation theory by the Brazilian Federal Supreme Court (STF) in decisions under monitoring by the Center for Complex Structural Litigation - Nupec (ADPFs 347, 635, and 709). Adopting a deductive approach and an analytical procedural method, theoretical contributions related to disputes, processes, and structural decisions are initially addressed, including a list of the premises of structural process theory. The article explores the internal restructurings that the Brazilian Federal Supreme Court has implemented to adjust judicial procedures to handle structural disputes in the absence of regulation on structural processes in Brazil. Finally, based on the premises of structural processes identified at the beginning of the study, the contents of Brazilian Federal Supreme Court decisions are analyzed, with the aim of veri...
15
artículo
Publicado 2021
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This year marks 25 years since the enactment of Law No. 26662, a rule by which notaries were granted powers so that they can hear, alternatively, the Judiciary, certain non-contentious matters, this being a longstanding request for both the doctrine as of the International Union of Latin Notaries, due to the fact that these are procedures where there is no litigation, and therefore, perfectly acceptable by notaries due to their notarial function, thereby contributing to the decongestion of the judiciary. Various countries in Europe, America and Asia, with the presence of Latin notaries, have been granting notaries powers to process non-contentious matters, Peru being the exception. Although law No. 26662 initially collected only six non-contentious cases, later others were added, due to the reception it had among the population, given the speed with whi...
16
artículo
Publicado 2021
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This year marks 25 years since the enactment of Law No. 26662, a rule by which notaries were granted powers so that they can hear, alternatively, the Judiciary, certain non-contentious matters, this being a longstanding request for both the doctrine as of the International Union of Latin Notaries, due to the fact that these are procedures where there is no litigation, and therefore, perfectly acceptable by notaries due to their notarial function, thereby contributing to the decongestion of the judiciary. Various countries in Europe, America and Asia, with the presence of Latin notaries, have been granting notaries powers to process non-contentious matters, Peru being the exception. Although law No. 26662 initially collected only six non-contentious cases, later others were added, due to the reception it had among the population, given the speed with whi...
17
artículo
This paper analyzes the case of the Brumadinho disaster, occurred in Brazil in 2019, which caused the death of 272 people, in addition to serious environmental damage. The Brazilian collective process system, formed predominantly by public institutions, responds with the prompt prosecution of collective actions, which resulted, in a period of two years, in three collective agreements. This article analyzes, through bibliographical research and primary data, the elements of the Brazilian collective litigation model that contributed to the success of the case and how they could serve as inspiration for other countries.
18
artículo
Publicado 2015
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Objective: The objective of the research is to determine whether the amendment of Article 178 of the Peruvian Civil Code regarding the annulment of fraudulent res judicata is necessary. Method: Our study was set as one of the explanatory type with dogmatic character through the use of scientific and analytical method. The research design employed was the cause - effect one purely transactional descriptive research or cross - correlational, within the purpose of investigating the relationships between variables that were used in the investigation, the problems and the theoretical framework Of the same. The study population was comprised of professionals in judicial matters: Tax (12), judges (13), Law (2400) and University Teachers (75). 05 matchings review on...
19
artículo
Publicado 2021
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Access to justice as a fundamental human right must be guaranteed at all stages of the process and also in the execution of the sentence. This approach is evident in the current challenges in the jurisdictional function. International child return cases must be resolved within a reasonable period of six weeks. To this end, the procedure must be regulated and judges must have the necessary means to make appropriate decisions. Access to justice in these cases involves three vulnerable groups: children because of their age, those who litigate at a distance, and women because of their gender. In this article, we will analyze each of them considering the challenges of our time.
20
tesis de grado
Publicado 2021
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La finalidad de la presente investigación es analizar si es adecuada la regulación del proceso judicial de separación convencional y divorcio ulterior, toda vez que al no existir litis y/o conflicto en la pretensión de los cónyuges-demandantes no sería correcto que se tramite en vía judicial por las reglas del proceso sumarísimo que corresponde a un proceso contencioso, más aún si esta misma pretensión es posible tramitarse en sede Notarial y en sede Municipal y ello es posible toda vez que no hay litis en los solicitantes y porque dichas sedes no tramitan procesos contenciosos, por lo que siendo ello así resultaría inadecuada la vía procedimental del proceso judicial de separación convencional y divorcio ulterior.
