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1
artículo
Publicado 2015
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This article explains the contentious process of harmfulness. Thus, the author mentions that the foundation of the process of harmfulness has been on our right the survival of the Administrative security of the legality and the public interest butlimiting the self-enforcement, the requirement of belief in authority to pursue the annulment of an administrative act and to ensure the due process of law is being administered.
2
artículo
Publicado 2015
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This article explains the contentious process of harmfulness. Thus, the author mentions that the foundation of the process of harmfulness has been on our right the survival of the Administrative security of the legality and the public interest butlimiting the self-enforcement, the requirement of belief in authority to pursue the annulment of an administrative act and to ensure the due process of law is being administered.
3
artículo
Publicado 2017
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The insolvency system in Peru, besides having a private nature, has a sui generis administrative nature governed by the Insolvency Law, hence being supervised by the Indecopi. It is so that the later and the Judicial Power have a constant relationship that, if not properly regulated and developed, can cause negative consequences and disincentives on privats.The author develops the aforementioned relationship through a historical account and, a development of the elements of its interaction. He focuses on the administrative litigation process and on its main basis, the right to effective judicial protection. On the other hand, it raises options of “temporary” solution to the determined challenges, due to the sui generis administrative nature of this system, to generate transparency and predictability in it.
4
artículo
Publicado 2017
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The insolvency system in Peru, besides having a private nature, has a sui generis administrative nature governed by the Insolvency Law, hence being supervised by the Indecopi. It is so that the later and the Judicial Power have a constant relationship that, if not properly regulated and developed, can cause negative consequences and disincentives on privats.The author develops the aforementioned relationship through a historical account and, a development of the elements of its interaction. He focuses on the administrative litigation process and on its main basis, the right to effective judicial protection. On the other hand, it raises options of “temporary” solution to the determined challenges, due to the sui generis administrative nature of this system, to generate transparency and predictability in it.
5
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...
6
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...
7
artículo
Publicado 2016
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This article addresses the relationship between the Process and the Constitution. For this purpose, it is explained what is the object of study of the Procedural Law, and which is the litigation model adopted in article 139 of the Peruvian Constitution, why this model is about a system with its own autonomy and substantivity and not about a subsystem, and how Civil Law and Common Law converging in this model. Furthermore, the author establishes, based on the Constitution, the reason why the existing procedural guarantees in our legal system do not imply a “right to a right decision”, but only the right to a fair process, and explains the difference between “fair process” and “justice” or “judicial truth”.
8
artículo
Publicado 2016
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This article addresses the relationship between the Process and the Constitution. For this purpose, it is explained what is the object of study of the Procedural Law, and which is the litigation model adopted in article 139 of the Peruvian Constitution, why this model is about a system with its own autonomy and substantivity and not about a subsystem, and how Civil Law and Common Law converging in this model. Furthermore, the author establishes, based on the Constitution, the reason why the existing procedural guarantees in our legal system do not imply a “right to a right decision”, but only the right to a fair process, and explains the difference between “fair process” and “justice” or “judicial truth”.
9
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.
10
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...
11
artículo
Publicado 2016
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This article addresses the relationship between the Process and the Constitution. For this purpose, it is explained what is the object of study of the Procedural Law, and which is the litigation model adopted in article 139 of the Peruvian Constitution, why this model is about a system with its own autonomy and substantivity and not about a subsystem, and how Civil Law and Common Law converging in this model. Furthermore, the author establishes, based on the Constitution, the reason why the existing procedural guarantees in our legal system do not imply a “right to a right decision”, but only the right to a fair process, and explains the difference between “fair process” and “justice” or “judicial truth”.
12
artículo
Publicado 2015
Enlace
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This article explains the contentious process of harmfulness. Thus, the author mentions that the foundation of the process of harmfulness has been on our right the survival of the Administrative security of the legality and the public interest butlimiting the self-enforcement, the requirement of belief in authority to pursue the annulment of an administrative act and to ensure the due process of law is being administered.
13
artículo
Publicado 2015
Enlace
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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...
14
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...
15
artículo
Publicado 2014
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In the first part of the article, a development for the concepts of provisional remedies and real or personal property bond and covering loss and damage, is proposed, under the Constitutional Court and our national doctrine view; as well as the scope of the first as a fundamental right, and second as a condition of execution. On the following part of the paper, the inclusion and the subsequent amendments to the article 159° of Tax Code is exposed, also its scopes and reasons. Finally, a possible modification of the article, that respect state´s raising goals and due process citizens’ right, is proposed.
16
artículo
Publicado 2014
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In the first part of the article, a development for the concepts of provisional remedies and real or personal property bond and covering loss and damage, is proposed, under the Constitutional Court and our national doctrine view; as well as the scope of the first as a fundamental right, and second as a condition of execution. On the following part of the paper, the inclusion and the subsequent amendments to the article 159° of Tax Code is exposed, also its scopes and reasons. Finally, a possible modification of the article, that respect state´s raising goals and due process citizens’ right, is proposed.
17
artículo
Publicado 2014
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El presente artículo desarrolla los conceptos de medida cautelar y contracautela, a la luz de lo resuelto por el Tribunal Constitucional y lo establecido por nuestra doctrina, así como los alcances del primero como derecho fundamental y del segundo como requisito de ejecución. De la misma forma, se analiza los alcances de la incorporación del artículo 159° del Código Tributario, mediante Decreto Legislativo N° 1121, y su modificatoria a través de la Ley N° 30230. Finalmente, se propone una posible modificación al mencionado artículo, de conformidad con los fines recaudatorios del Estado y el derecho a la tutela jurisdiccional efectiva de los administrados.
18
tesis de grado
Publicado 2022
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El propósito de la investigación fue: Determinar la relación que existe entre la lesión contractual y la dificultad probatoria en abogados litigantes de la ciudad de Iquitos – 2022. El estudio de acuerdo al nivel de abstracción fue básica, descriptiva, no experimental correlacional, por su naturaleza fue cuantitativa, la población objetiva de este estudio estuvo constituido por 30 abogados litigantes, la recolección de los datos fue realizadas con la técnica de la encuesta y el instrumento por el cuestionario. Para el procesamiento de los datos se aplicó la correlación que incluye tablas de frecuencia y gráficos estadísticos incluyendo análisis de normalidad. En tal sentido, según el SPSS – 26, concluye con un nivel de significación de α=0,05 se asevera que existe relación significativa entre la lesión contractual y la dificultad probatoria en abogados litigantes d...
19
artículo
Publicado 2022
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This article aims to propose a reframing of certain aspects of feminist mobilization for equality in the United States of America in the decades of 1960 and 1970, considering some elements of social movements theory and democratic constitutionalism. It analyzes the ways in which the feminist movement’s narrative succeeded in permeating in the constitutional culture of the United States, changing through it the meaning of the U.S. Constitution. In doing so, it focuses on the strategies used by legal feminism in constitutional litigation, on the efforts for the sanction of the Equal Rights Amendment (ERA), and on the interactions between both processes. It addresses the recent revival of the ERA, as well as its text’s shortcomings. Finally, based on the analysis carried out in previous sections, it provides some arguments in support of a new alternative to the old ERA.
20
artículo
Publicado 2022
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This article aims to propose a reframing of certain aspects of feminist mobilization for equality in the United States of America in the decades of 1960 and 1970, considering some elements of social movements theory and democratic constitutionalism. It analyzes the ways in which the feminist movement’s narrative succeeded in permeating in the constitutional culture of the United States, changing through it the meaning of the U.S. Constitution. In doing so, it focuses on the strategies used by legal feminism in constitutional litigation, on the efforts for the sanction of the Equal Rights Amendment (ERA), and on the interactions between both processes. It addresses the recent revival of the ERA, as well as its text’s shortcomings. Finally, based on the analysis carried out in previous sections, it provides some arguments in support of a new alternative to the old ERA.
