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Tópicos Sugeridos dentro de su búsqueda.
1
artículo
Publicado 2025
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This paper focuses on questioning the use of the claim for nullity of legal acts, based on Civil Code provisions, to request the annulment of administrative acts that are grounded in administrative law. Accordingly, it reaffirms the exclusivity of the administrative litigation process, within the ordinary jurisdiction, for filing claims seeking the annulment of administrative acts issued under public law norms.
2
artículo
Publicado 2025
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This paper focuses on questioning the use of the claim for nullity of legal acts, based on Civil Code provisions, to request the annulment of administrative acts that are grounded in administrative law. Accordingly, it reaffirms the exclusivity of the administrative litigation process, within the ordinary jurisdiction, for filing claims seeking the annulment of administrative acts issued under public law norms.
3
artículo
Publicado 2023
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The collapse of the judicial system in Spain has led to an incessant search for procedural instruments that favor the resolution capacity of judges and magistrates. To this end, the Draft Law on Procedural Efficiency Measures of the Public Justice Service contemplates, among other aspects, the implementation in the social jurisdiction of the socalled witness lawsuit. This is a figure designed to expedite proceedings that are objectively identical, so that only one of them is processed. The rest of the proceedings are suspended until the resolution of the lawsuit that has served as a witness or guide. This paper analyzes the legal configuration of this mechanism, which is related to essential aspects of the labor process and the right to effective judicial protection.
4
artículo
Publicado 2023
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The collapse of the judicial system in Spain has led to an incessant search for procedural instruments that favor the resolution capacity of judges and magistrates. To this end, the Draft Law on Procedural Efficiency Measures of the Public Justice Service contemplates, among other aspects, the implementation in the social jurisdiction of the socalled witness lawsuit. This is a figure designed to expedite proceedings that are objectively identical, so that only one of them is processed. The rest of the proceedings are suspended until the resolution of the lawsuit that has served as a witness or guide. This paper analyzes the legal configuration of this mechanism, which is related to essential aspects of the labor process and the right to effective judicial protection.
5
artículo
Publicado 2023
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El artículo analiza la tutela jurisdiccional efectiva en el proceso contencioso administrativo peruano, centrándose en un nuevo precedente vinculante de la Corte Suprema de Justicia. Para dicho fin, se abordan problemas y soluciones, como la igualdad de regulaciones sectoriales y la prohibición de incorporar argumentos de derecho distintos en sede administrativa. Se destaca la importancia de interpretar el proceso contencioso administrativo para efectivizar los derechos de los administrados. Se enfatiza el deber de los jueces de garantizar el debido procedimiento administrativo y se propone una interpretación sistemática de la limitación de presentación de medios probatorios.
6
artículo
Publicado 2023
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El artículo analiza la tutela jurisdiccional efectiva en el proceso contencioso administrativo peruano, centrándose en un nuevo precedente vinculante de la Corte Suprema de Justicia. Para dicho fin, se abordan problemas y soluciones, como la igualdad de regulaciones sectoriales y la prohibición de incorporar argumentos de derecho distintos en sede administrativa. Se destaca la importancia de interpretar el proceso contencioso administrativo para efectivizar los derechos de los administrados. Se enfatiza el deber de los jueces de garantizar el debido procedimiento administrativo y se propone una interpretación sistemática de la limitación de presentación de medios probatorios.
7
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.
8
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.
9
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.
10
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”.
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 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.
13
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.
14
artículo
The system of precautionary measures in both Nicaraguan constitutional and administrative justice has been based on the traditional suspension of the administrative act, without taking into account that, for example, in administrative inactivity there is no act to suspend, but it has not been regulated as part of effective judicial protection, approved in the recent constitutional reforms, proper to due process and minimum procedural guarantees. This closed system has lagged behind in relation to the open nature of numerus apertus, of unnamed measures, foreseen in Spanish, Colombian comparative law, among others, above all in the regulation of the concurrence of causes of the danger of legal harm by the delay of the final judgment (periculum in arrears) and the fumus bonis iuris or appearance of the good right. In this context, before the approval of a new Nicaraguan administrative l...
15
artículo
The system of precautionary measures in both Nicaraguan constitutional and administrative justice has been based on the traditional suspension of the administrative act, without taking into account that, for example, in administrative inactivity there is no act to suspend, but it has not been regulated as part of effective judicial protection, approved in the recent constitutional reforms, proper to due process and minimum procedural guarantees. This closed system has lagged behind in relation to the open nature of numerus apertus, of unnamed measures, foreseen in Spanish, Colombian comparative law, among others, above all in the regulation of the concurrence of causes of the danger of legal harm by the delay of the final judgment (periculum in arrears) and the fumus bonis iuris or appearance of the good right. In this context, before the approval of a new Nicaraguan administrative l...
16
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.
17
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...
18
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...
19
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.
20
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.
