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1
documento de trabajo
The potential of big data has exceeded the expectations of most organizations. However, despite its vast importance and application, some important aspects of big data remain the subject of debate. One of the most sensitive and worrisome issues for big data is the privacy of personal information. The purpose of this paper is to explore how the major theories of philosophical ethics may be used as a referential framework for conceptualizing the evolution of the concept of privacy of personal information in the big data era. We identify a gap in big data research and suggest that while privacy has been extensively explored in different settings, it has not been sufficiently studied relative to the social and technological changes in the big data era. We attempt to fill this gap by proposing that the study of privacy be closely tied to the evolution of the social structure.
2
artículo
Publicado 2016
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Regarding the violation of parental duties, one that deserves special attention is that of children born from extramarital affairs since they suffer from the disdain of not being recognized voluntarily by their parents, until their parentage is declared legally. Therefore, considering the real violation of the right to personal identity, the right to know one’s own biological origins, and the right to enjoy the appropriate legal familial situation as a child, this paper examines and determines the repairable damages caused by such denial of voluntary recognition based on the scholars and foreign jurisprudence. In this context, the denial of parent-child relationship, whether due to gross or ordinary negligence, is the grounds for such damages.
3
artículo
Publicado 2016
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Regarding the violation of parental duties, one that deserves special attention is that of children born from extramarital affairs since they suffer from the disdain of not being recognized voluntarily by their parents, until their parentage is declared legally. Therefore, considering the real violation of the right to personal identity, the right to know one’s own biological origins, and the right to enjoy the appropriate legal familial situation as a child, this paper examines and determines the repairable damages caused by such denial of voluntary recognition based on the scholars and foreign jurisprudence. In this context, the denial of parent-child relationship, whether due to gross or ordinary negligence, is the grounds for such damages.
4
artículo
Publicado 2020
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This study analyzes some cases when the defendant is obligated to realize the DNA paternity testing into the context to determinate the identity of the child into judicial process. The different legal reforms in the Extramarital Paternity Judicial Filiation Process have created changes in compliance with the law: now, once again, the plaintiff filed the lawsuit and notified him, ten days later, the DNA test will be paid and performed by the accused. Only this test serves to determine his innocence: if he did not take the test, the court will declare paternity However, despite the legal reforms mentioned the problem respect to determinate the paternity persists: opposing the declaration of paternity is insufficient. Cases in which the accused does not take the necessary steps to obtain the biological evidence are analyzed. For example, the failure to pay for the test within the expe...
5
artículo
Publicado 2020
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This study analyzes some cases when the defendant is obligated to realize the DNA paternity testing into the context to determinate the identity of the child into judicial process. The different legal reforms in the Extramarital Paternity Judicial Filiation Process have created changes in compliance with the law: now, once again, the plaintiff filed the lawsuit and notified him, ten days later, the DNA test will be paid and performed by the accused. Only this test serves to determine his innocence: if he did not take the test, the court will declare paternity However, despite the legal reforms mentioned the problem respect to determinate the paternity persists: opposing the declaration of paternity is insufficient. Cases in which the accused does not take the necessary steps to obtain the biological evidence are analyzed. For example, the failure to pay for the test within the expe...
6
artículo
The Administrator of Fact is a little used figure in our country, since it is only regulated, as of the year 2012, in the Tax Code as a mechanism used by the Tax Administration to delimit joint liability in the taxpayers; however, in the case of the contribution to Essalud, the figure of the Administrator of Fact leaves its tax context of joint and several liability to be taken into other fields of national law in order to avoid violation of labor rights; with which it becomes necessary to study and possible incorporation to other branches of law such as the company within the responsibility of administrators, as long as its field of action is defined. Finally, according to the author’s experience, the Fact Administrator is for business law, what the precarious holder is for the civil right, in that both require certain acts (administrative or judicial) so that their rights and obligat...
7
artículo
Living in a globalized and hyper-digitally connected world has intensified the academic debate on the right to be forgotten and the emerging digital right to be forgotten, its regulation, limits, and the dilemmas it presents when confronted with the application of other fundamental rights. Currently, information can be observed circulating on the Internet about personal data of a diverse nature; however, the question arises when the information that circulates, despite being true, may violate the honor, reputation, or other fundamental rights of a person, colliding with the rights to information, expression, and freedom of the press. Furthermore, the so-called right to historical memory and collective identity introduces additional tensions, as does the societal participation required in the reintegration of convicted persons, in accordance with article VI of the Preliminary Title of Leg...
8
artículo
Publicado 2024
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In this study, an exhaustive analysis of the labor rights of individuals with disabilities will be carried out, as well as their regulation in the 2006 Convention on the Rights of Persons with Disabilities, as well as in national regulations and jurisprudence. The right to access and continuity in employment for this group will be explored, examining the criteria that both government entities and private companies must follow to avoid any form of discrimination. In addition, various court cases will be examined, both nationally and internationally, involving the labor rights of people with disabilities. It will be concluded that disability discrimination is a deep-rooted problem in Peruvian society, which has been adequately addressed in the field of constitutional and national supreme justice, recognizing and supporting respect for the labor rights of this population group.
9
artículo
Publicado 2023
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The following work develops financial assistance and leveraged buyouts or leveraged purchases in light of article 106 of the Ley General de Sociedades (Peruvian Companies Act). It is discussed whether this is a prohibited mechanism or not and its implications today in Peru. The objective is to give an answer about the prohibition or not of its use. It starts by explaining this way of financing in the market and to show its advantages its observations and why it is not within the legal prohibitions. A description of the current doctrine and a development of a personal position on the subject will be made.There is also the participation of prominent lawyers in the field who explain the usefulness and real impact that these operations have on the country’s legal practice. The main conclusions reached is that it is not a mechanism prohibited by the LGS, however, there must be a m...
10
artículo
Publicado 2023
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The following work develops financial assistance and leveraged buyouts or leveraged purchases in light of article 106 of the Ley General de Sociedades (Peruvian Companies Act). It is discussed whether this is a prohibited mechanism or not and its implications today in Peru. The objective is to give an answer about the prohibition or not of its use. It starts by explaining this way of financing in the market and to show its advantages its observations and why it is not within the legal prohibitions. A description of the current doctrine and a development of a personal position on the subject will be made.There is also the participation of prominent lawyers in the field who explain the usefulness and real impact that these operations have on the country’s legal practice. The main conclusions reached is that it is not a mechanism prohibited by the LGS, however, there must be a m...
11
artículo
Publicado 2021
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This article analyzes the antecedents, foundations and explanatory memorandum of Laws 29409 and 30807, Law that granted the right of paternity leave to workers in public and private activity in Peru and its amendment, respectively. The article also delves into the motivations of Peruvian legislators both at the time of legislating for the first time and in the extension of the days of paternity leave; makes an exhaustive analysis of comparative law; points out the errors or mistakes, which in his opinion, remain in the current law; establishes the reasons why paternity leave has not been the expected success and finally addresses the figure of Parental Leave, differentiating it from Paternity Leave.
12
artículo
Publicado 2021
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This article analyzes the antecedents, foundations and explanatory memorandum of Laws 29409 and 30807, Law that granted the right of paternity leave to workers in public and private activity in Peru and its amendment, respectively. The article also delves into the motivations of Peruvian legislators both at the time of legislating for the first time and in the extension of the days of paternity leave; makes an exhaustive analysis of comparative law; points out the errors or mistakes, which in his opinion, remain in the current law; establishes the reasons why paternity leave has not been the expected success and finally addresses the figure of Parental Leave, differentiating it from Paternity Leave.
13
artículo
Publicado 2024
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This text outlines the origins and foundations of the inter-american human rights system, describing some central aspects of the work carried out by the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. It presents data on the intake, production, backlog, and delays in handling petitions and cases, and discusses the existing challenges. It provides statistical information and outcomes related to the iahrs’s relationship with Peru, a country with numerous ongoing cases, exploring possible reasons for this. Additionally, it addresses the paradox of a human rights protection and promotion structure created during periods of dictatorships and wars in the region, raising legitimate concerns about the existence of countries and sectors that question its legitimacy, to the point of proposing to denounce the American Convention on Human Rights. The author ...
14
artículo
Publicado 2023
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This reflective article deals with complexity and the Rights of Nature. It seeks to answer the question: How does complexity contribute to the sustenance of the Rights of Nature? For this purpose, a specialized bibliographic search was carried out. From the research it is concluded that complex thinking and the Sciences of Complexity, by being more open to epistemological and ontological diversity, by taking into account the close interrelation, interdependence and co-dependence between human beings and Nature, by highlighting from organicism the living character of the planet in cosmic relation, offer solid arguments that support the Rights of Nature. Although the Rights of Nature imply legal protection, with the State as guarantor of rights, the issue goes beyond this because what is at stake is the recognition of the intrinsic value of life in all its manifestations, beyond even senti...
15
artículo
Publicado 2016
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This work reviews the concept of right, pointing out that it is completely autonomous frompolitics and moral. This concept has been formulated by juridical positivism and absorbed byneoconstitutionalism and the theory of juridical argumentation. Opposite to this vision of right,the concept of law introduced is characterized by the reflection and states that the idea that law isnot only connected with politics but also comes out from the politics itself. Consequently, progressmade in the current school of Frankfurt on the reflection about justice, politics and law will be used
16
artículo
Publicado 2016
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This work reviews the concept of right, pointing out that it is completely autonomous frompolitics and moral. This concept has been formulated by juridical positivism and absorbed byneoconstitutionalism and the theory of juridical argumentation. Opposite to this vision of right,the concept of law introduced is characterized by the reflection and states that the idea that law isnot only connected with politics but also comes out from the politics itself. Consequently, progressmade in the current school of Frankfurt on the reflection about justice, politics and law will be used
17
artículo
Publicado 2006
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This paper analyses the fundamental right to privacy of communications. This right is protected by Spanish law, but it is also internationally recognised, being enshrined in Article 12 of the Universal Declaration of Human Rights, and in other international treaties. The author points out that although the interception of communications may be necessary in certain cases, and as defined by law, this measure should be considered as an exception to the rule, precisely because this right is intended to protect the privacy of individuals. It is therefore imperative that such intrusion into this private sphere be clearly defined and regulated by law, in order to prevent possible violations in this subject.
18
artículo
Publicado 2006
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This paper analyses the fundamental right to privacy of communications. This right is protected by Spanish law, but it is also internationally recognised, being enshrined in Article 12 of the Universal Declaration of Human Rights, and in other international treaties. The author points out that although the interception of communications may be necessary in certain cases, and as defined by law, this measure should be considered as an exception to the rule, precisely because this right is intended to protect the privacy of individuals. It is therefore imperative that such intrusion into this private sphere be clearly defined and regulated by law, in order to prevent possible violations in this subject.
19
artículo
Publicado 2024
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This article studies the rise of PRR (populist radical right) candidates in Brazil, Chile, Costa Rica, and Peru. It focuses on political processes and campaign issues in order to determine the singularity of the PRR in Latin America. From there, an attempt is made to arrive at a broader (and more global) definition of the PRR than that of Cas Mudde, the most important academic in far-right studies. For Mudde the central triad of the PRR’s ideology is nativism, authoritarianism, and populism. The Latin American PRR is indeed authoritarian and populist, but it is less oriented toward anti-immigration nativism than towards the defense of the heterosexual family against “gender ideology”. This is why the author proposes to alter Mudde’s triad in the following manner: social conservatism, authoritarianism, and populism. On the other hand, while the European and American PRR discursive...
20
artículo
The notion used to refer to the rights of man, as an individual or social being, who participates or intervenes in cultural development, is that of human rights or, also, natural rights, subjective public rights, public liberties, moral rights or fundamental rights. Peces-Barba' prefers to designate them as “fundamental rights” as a more precise and appropriate linguistic form, as he points out, for the following reasons: a) It is more precise than the expression human rights and lacks the burden of ambiguity that it implies. b) It can cover the two dimensions in which human rights appear, without incurring in natural law or positivist reductionism. c) It is more adequate than the terms “natural rights or “moral rights” that formulate the concept of it without taking into account its legal-positive dimension. d) It is more appropriate than the terms "subjective public rights" o...
