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The work develops the scenario that is generated in Cuba from 2019, when a new Constitution is approved, which abrogates the one in force since 1976. The new text regulates, for the first time, the effective judicial protection and due process within the chapter dedicated to the Guarantees of Rights and orders the ordinary legislator to dictate new rules of development in the different procedural areas, in charge of regulating the catalog of the new rights recognized in the Constitution. Derived from the constitutional mandate, Law No. 141, of October 28, 2021, “Procedural Code”, was enacted to regulate the processing of civil, family, commercial, labor and social security matters. The new Code, which breaks with the regulatory system of the preceding law, introduces a broad catalog of ordering and investigative powers, which are attributed to a model of judge described as “active...
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The recent Environmental Protection Regulation for Mining Exploration Activities has brought with it a sequence of modifications and technical classifications in the stages of the mining activity that directly aff ect the issuance of mining licenses.In this article, the author seeks to analyze and explain if these modifications contribute to the dynamism of the mining exploration activity and generate a friendly regulation for both the investor and the environment.
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It has been 30 years since the creation of the Peruvian antitrust law institution INDECOPI, a period where it has reaffirmed its support for an international Intellectual Property system along with the WIPO’s approach. We shall expose the progress and strengthening of INDECOPI, mimicking international tendencies through the signing of various treaties; thus, leading to a simplification of mechanisms seeking to achieve sustainable development, accessible and ultimately leading to economic progress.
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RESUMEN El objetivo de la investigación es determinar la asociación que existe entre el sistema de gestión en control y seguridad BASC y las medidas de protección activas de la empresa Protege Oriente SA, en Planta Cervecería San Juan SA., Pucallpa, ya que dentro de las organizaciones se debe considerar como elemento fundamental, el logro de estándares internacionales de gestión en control y seguridad, como cualesquiera de otros aspectos de sus acciones empresariales, debido a que las operaciones productivas para alcanzar su nivel óptimo, requieren de un clima laboral de orden y tranquilidad que proporcionan los servicios de vigilancia y seguridad y que además, las organizaciones lícitas son consideradas como objetivos, por el crimen organizado, por lo que la implementación y el manejo de un Sistema de Gestión en Control y Seguridad (SGCS) son imprescindibles. La empresa Prot...
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There are 78 protected areas in Peru covering 22 million hectares corresponding almost 17 percent of national territory. This article reviews essential aspects of protected natural areas studying scopes, purposes, types, categories and levels such as: requirements for setting, amendment and repeal; activities allowed and forbidden within them; institutional management, among others. Finally, this work concludes with some brief thoughts on legal and institutional challenges of the Sistema Nacional de Áreas NaturalesProtegidas por el Estado (SINANPE) (National System of State ProtectedNatural Areas).
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Objective: To evaluate the quality of life, social support, daily living skills, and level of restrictions, as well as the correlations among these variables in individuals with severe mental disorders residing in protected homes in Peru. Method: A cross-sectional descriptive-correlational study was conducted in 48 protected homes across 21 regions, with a population of 183 residents. A questionnaire was used that included sociodemographic data and four scales: Social support (MOS), Basic everyday living skills (BELS), Mezzich's Quality of Life Index, and the Restrictive Practices Scale. Data were analyzed using Spearman's correlation coefficient and the Mann-Whitney U test. Results: Participants showed significant associations between quality of life, social support (r = 0.29, p < 0.01) and daily living skills, particularly social activities (r = 0.46, p < 0.01) and self-care (r =...
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This article deals with the Investment Protection System in Peru, composed of Bilateral Investment Treaties —“BITs”—; Investment Chapters of Free Trade Agreements —“FTAs”—, as well as the State Coordination and Response System in International Investment Disputes —“SICRECI”—. This also includes the active participation of Peru as a State Party to the ICSID Convention, having a large number of arbitrations - concluded and pending - involving very diverse sectors, along with an evaluation of what could be the reasons that have generated this great variety of cases, under investment protection treaties, Concession Contracts, Legal Stability Agreements and License Contracts for the Exploitation of Hydrocarbons.
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This article deals with the Investment Protection System in Peru, composed of Bilateral Investment Treaties —“BITs”—; Investment Chapters of Free Trade Agreements —“FTAs”—, as well as the State Coordination and Response System in International Investment Disputes —“SICRECI”—. This also includes the active participation of Peru as a State Party to the ICSID Convention, having a large number of arbitrations - concluded and pending - involving very diverse sectors, along with an evaluation of what could be the reasons that have generated this great variety of cases, under investment protection treaties, Concession Contracts, Legal Stability Agreements and License Contracts for the Exploitation of Hydrocarbons.
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The salary is an essential element of the employment relationship. Work is, by definition and by substance, paid work, and it is in this dimension that it constitutes the subject matter of labor law, to which the modalities of unpaid human labor, whether slavery or servitude, which the law rejects, whether altruistic or recreational activities, are foreign. The salary represents, therefore, one of the capital issues for legal analysis, not only in its conceptualization, definition, classification and integration, but also in the protection and guarantee of its level or amount, its integrity, its intangibility, its inseverability and unseizability, and its privileges.
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The present study investigates the hourly activity patterns of mammals inhabiting the area surrounding the Camisea gas pipeline that crosses the Machiguenga Communal Reserve. From February 2020 to January 2021, a photographic record was conducted using camera traps placed along the gas pipeline. Activity patterns were estimated using Kernel density functions. During the study period, 25 mammal species were recorded. It was found that Dasyprocta kalinowskii and Eira barbara exhibit a diurnal activity pattern, whereas Cuniculus paca, Tapirus terrestris, Dasypus spp., and Mazama spp. display predominantly nocturnal behavior. It is suggested that observed activity patterns could be influenced by various factors such as competitive exclusion between D. kalinowskii and C. paca, seasonal food availability for T. terrestris, temperature and precipitation variations for Dasypus spp., phylogenetic...
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​This article emphasises the importance of consumer protection and calls on all the groups and sectors involved to adopt a positive, active attitude in defence of consumer rigths. Although the government has recently implemented important reforms in this area, existing legislation still needs to be perfected and swift mechanisms introduced that enable the consumer to effectively and efficiently defend his interests. On this point the authoress suggests a number of possible courses of action for suppliers, non-profitable private organizations –among which the important work being done by universities plays a leading role- and for the consumers themselves.
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Mining concessions are subject to the fulfillment of liabilities by their owners based on ground for revocation, known as «expiration», as part of mining rights systems. The recent evolution of these liabilities and their focus as part of the conditions offered by the country for investment are analyzed by the author. To do this, the author conduct a review about the changes taken place in 1991 and 2008 mainly, as well as provides the elements to analyze the appropriateness of modifications or its flexibility. The tables used in the explanation constitutes a contribution, which were used by the author in conferences and due diligence for mining projects, as well as the consideration of both elements in the analysis of doctrine and real application of these concepts under the system of Peru.
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The purpose of this work is to stablish that the administrative sanctioning power is part of the administrative activity, therefore being away from judicial activity. As consequence of that, the sanctioning act will have the character of an administrative act and, therefore, to expedite the sanctioning act it will necessarily will transit an administrative procedure that will have essential guarantees. The most important, without doubt, will be the effective administrative protection that rules all kinds of administrative procedures, being the administrative sanctioning act a special of it. The studied guarantee contents principles that rule every administrative procedure that refer not only the individuals’ rights, but also the efficacy of administration acts.
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The Peruvian Association for Family Protection is a non-profit organization Founded in 1967 to develop activities oriented toward the improvement of the family. They are considered on a health and welfare approach to responsable parenthood. Health measures are directed to children up to school age and mothers in all stages of childbearing. Associated services of Gynecological cancer control, sterility and a comprehensive educational program are part of the general activities. A total of 18,723 women are controlled in the family planning program in a number of medical centers. 57 per cent of all patients are under injectable contraceptive methods.
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The Peruvian Association for Family Protection is a non-profit organization Founded in 1967 to develop activities oriented toward the improvement of the family. They are considered on a health and welfare approach to responsable parenthood. Health measures are directed to children up to school age and mothers in all stages of childbearing. Associated services of Gynecological cancer control, sterility and a comprehensive educational program are part of the general activities. A total of 18,723 women are controlled in the family planning program in a number of medical centers. 57 per cent of all patients are under injectable contraceptive methods.
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With the enforcement of Law 30364, the Peruvian State complies with adapting national legislation to the parameters set by the Inter-American Convention to Prevent, Punish and Eradicate Violence against Women (Convention of Belém do Pará). In this context, the present work critically analyzes whether protection orders constitute a simple, fast and effective remedy against gender violence. To this end, it is reasoned about the fundamentals and nature of the protection orders, as well as the probative activity necessary for its granting. From this, it is affirmed that the guardianship granted by the protection orders is a preventive inhibitory guardianship.
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Este trabajo corresponde a una etapa de una etnografía realizada con jóvenes escolares que viven en un área de protección ambiental en la región metropolitana de Belém do Pará, y consiste en la realización de un taller de bocetos que tuvo como objetivo realizar una actividad de acercamiento pedagógico con los interlocutores estudiantiles de investigación, al mismo tiempo que permitió al investigador reconocer, a partir de un «croquis matricial» realizado a través de incursiones previas en el espacio de investigación, puntos significativos en el territorio que podrían coadyuvar al objetivo general de la investigación: comprender las percepciones de los entornos a explorar a partir de imágenes tomadas con cámaras caseras, en colaboración con los propios sujetos de investigación. La propuesta del taller se realizó con tres tareas fundamentales: 1) identificar puntos de...
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A study is made of the regulation that considers a bancassurance operation to be one in which the financial company would enter into group insurance as a contracting party, which empowers it to market coverage among its customers, and determines how this provision implements a system of distribution of individual insurance. The work identifies the main effects on the consumer, which occur when the marketing financial institution exercises the role of contracting party; and by contrast, the advantages of regulating their roles and responsibilities as an agent and representative of the insurer, for the protection of policyholders and the centralized management of individual policies. This study is a review of the technical justification of this type of improper group insurance, in the context of the current regulatory developments of the intermediation activity.
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A study is made of the regulation that considers a bancassurance operation to be one in which the financial company would enter into group insurance as a contracting party, which empowers it to market coverage among its customers, and determines how this provision implements a system of distribution of individual insurance. The work identifies the main effects on the consumer, which occur when the marketing financial institution exercises the role of contracting party; and by contrast, the advantages of regulating their roles and responsibilities as an agent and representative of the insurer, for the protection of policyholders and the centralized management of individual policies. This study is a review of the technical justification of this type of improper group insurance, in the context of the current regulatory developments of the intermediation activity.
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This paper examines the definition of Green Economy and discusses the potential of the tourism sector to serve as a success case story to implement the principles of this development model. To attain this goal, we focus on the tourism regulatory framework, mainly in the infrastructure needed to develop tourism activities on these areas, and then provide policy recommendations in order to remove the perverse incentives present in the current regulations, which could threaten the conservation of natural resources and the ecosystem services that they provide to society.