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1
artículo
Publicado 2015
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This paper argues that the consumer should choose the procedural mechanism that satisfies their need to resolve a dispute and being compensated. Also, the administration, in order to defend rights of consumers, must have the authority to prefer the Constitution through diffuse constitutional control.
2
artículo
Publicado 1998
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This article presents , first, the importance of the Histological Laboratory , Department of Pathology Procedures ( DP ) in medical practice , then a review of the concept of quality and its relationship with the different activities within the laboratory is . In addition, some examples of misconceptions about the quality intended by many of us are given . Also highlight the complexities of obtaining a histological preparation quality . Some criteria are proposed to help members of the Histological Laboratory Procedures DP to understand the different aspects of quality are achieved with methods that perform equipment, and provide some tips on appropriate quality control and treatments are needed .
3
artículo
Publicado 2022
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The Public Administration has powers that must be used in order to achieve the objective of protecting the general interest and always guaranteeing the fundamental rights of administered subjects. Within these powers we find the power to sanction, expression of the ius puniendi, that will be activated to the commission of administrative infractions. The sanctioning power requires to be exercised within the framework of a legal procedure that provides to administered subjects sufficient defense guarantees to deal with the imposition of a sanction.However, the current tax regulations deviate from the above-mentioned reasoning: the imposition of tax penalties on the taxpayers takes place within the framework of the supervision procedure. That is to say, the activity of supervision of the Tax Administration will conclude not only with the “Resolución de Determinación”, but also with a ...
4
artículo
Publicado 2024
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This work aims to critically reflect on the problematic relationship between cognitive biases and the procedural legal context, as well as the need to adopt measures to avoid their serious repercussions on judicial decisions. For this purpose, focuses on generality of the studies on the part of previous attempts at improvement are found to be problematic, which are mainly oriented towards the identification of possible actions that should be adopted on a case-by-case basis, in many cases their reasonableness and, above all, being discussed. Its relevance in the task of mitigating or reducing cognitive biases.To overcome these obstacles, two aspects are taken into consideration: the procedures and practices of judicial processes and the preservation of the guarantee and duty of impartiality and how the design of the processes and their dynamics —not always oriented to maximizing im...
5
artículo
The present paper analyzes one of the contributions of the new Peruvian criminal procedure model: procedural speed. The new norm must respect both the principle of celerity and the right to defense, and in that sense, it must harmonize both. The body in charge of speeding up the process is the Public Ministry, since it has the power to decide whether or not to initiate the process and determine the strategy to be followed: direct accusation, the immediate process, the process of early termination, among others. The author develops the analysis of procedural speed in the different stages of the process. In this sense, first, the materialization of the procedural speed during the preparatory investigation stage is analyzed. Concluding that currently the right to the reasonable term is violated, because, although the norm establishes maximum terms, these are not respected and, on the contra...
6
artículo
This paper develops the diverse positions that have been presented from the new regulation referring to the prohibition of preliminary dismissal in protection proceedings, habeas corpus, habeas data and compliance, derived from both doctrine, jurisprudence and legislative sieve. It also explains the various legal concepts and categories in connection with the new regulation, such as judicial independence, the fundamental right to access to justice, the preliminary dismissal of the claim, the role of the judge as director of the proceedings, and the constitutionality of the regime of preliminary control of the claim. Finally, an interpretative formula is proposed for section 6 of the New Code of Constitutional Procedure, so that it be related to the Constitution.
7
artículo
This paper develops the diverse positions that have been presented from the new regulation referring to the prohibition of preliminary dismissal in protection proceedings, habeas corpus, habeas data and compliance, derived from both doctrine, jurisprudence and legislative sieve. It also explains the various legal concepts and categories in connection with the new regulation, such as judicial independence, the fundamental right to access to justice, the preliminary dismissal of the claim, the role of the judge as director of the proceedings, and the constitutionality of the regime of preliminary control of the claim. Finally, an interpretative formula is proposed for section 6 of the New Code of Constitutional Procedure, so that it be related to the Constitution.
8
artículo
Publicado 2010
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The present paper analyzes the characteristics and functions that the new Criminal Procedure Code assigns to the procedural subjects in Peru. The procedural subjects that the new Code of Criminal Procedure recognizes are mainly the following: the jurisdictional body, the Public Ministry and the accused and his sponsor lawyer. It is necessary to mention that this new code strengthens the role of the victim and the civil actor. In this sense, the first place, the author develops the powers of the court, specifically, the judges. In general, these are responsible for issuing the ruling to resolve a conflict by imparting impartial justice. Some of the organs with jurisdictional competence are the Criminal Chamber of the Supreme Court, the Criminal Chambers of the Superior Courts, the Criminal Courts, the Courts of the Preparatory Investigation and the Courts of Law. One of the contributions ...
9
tesis de grado
Objetivo: Determinar la eficacia de soluciones dulces para el control del dolor durante los procedimientos dolorosos en el recién nacido. Materiales y Métodos: El estudio sistemático de 10 artículos sobre eficacia de soluciones dulces para el control del dolor en el neonato, se seleccionó a través de una lectura crítica de los recientes y relevantes estudios. Dichos instrumentos seleccionados están publicados en Pubmed, Scielo, Redalyc, Cochrane, Lilacs, Elsevier.; la población fue de 25 artículos científicos y se eligieron 10, los artículos seleccionados fueron sometidos a una lectura crítica, empleando el sistema GRADE. Resultados: De los 10 artículos científicos revisados, el 90% muestran que el empleo de diferentes soluciones dulces es eficaz para control del dolor en el recién nacido. Los cuatro meta análisis afirman que el empleo de sacarosa, dextrosa son eficaces ...
10
artículo
Publicado 2015
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This paper argues that the consumer should choose the procedural mechanism that satisfies their need to resolve a dispute and being compensated. Also, the administration, in order to defend rights of consumers, must have the authority to prefer the Constitution through diffuse constitutional control.
11
artículo
Publicado 2014
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In the last years, there is a gradually participation of the Judicial Branch in the Congress competences and functions to supervise and inquire into issues of public interest. As a result, it has questioned the separation of powers principle. In that context, this article focuses on analyzing what the judicial supervision limits of the due process in the procedures before the inquiry commissions in the Congress are.
12
artículo
Publicado 2016
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The development of the present work has the purpose of realize an analysis, from a systematic and functional perspective, of the administrative resources and the special procedures in the frame of the ordinary mining procedure, the same ones that have for object question the present or future administrative decisions. For it, we believed convenient to grant the generic name of «Mechanisms of challenging» in order not to change his own nature. In this sense, the mechanisms of challenging – in conformity with to what we have been determined – understood as means that allow to carry out the contradictory pretensions of the administered ones or particulars with regard to an administrative determined or determinable action, fulfill the same function and chase the same purpose: The control of legality in the administrative way of an administrative concrete or future decision in certain s...
13
artículo
Publicado 2019
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This paper analyzes the situation following the closure of a commercial establishment, ordered by the Public Administration, and the procedure that applicants must follow, in order to be able to open the establishment again for business and continue with their trading activities. The existence of incentives that influence people's decision-making in these situations and thus regulate their behavior –sometimes to follow the regulatory administrative provisions, and at others to simply meet their needs–, will be analyzed. We identify that the procedure after the temporary closure order means a long and dark path that the inspected applicant is obliged to follow. This often constitutes a perverse incentive that motivates the applicant to disobey. Likewise, the offense detection factor can be seen as an indicator of the deficiency of the State to identify the offenders and to require the...
14
artículo
Publicado 2019
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This paper analyzes the situation following the closure of a commercial establishment, ordered by the Public Administration, and the procedure that applicants must follow, in order to be able to open the establishment again for business and continue with their trading activities. The existence of incentives that influence people's decision-making in these situations and thus regulate their behavior –sometimes to follow the regulatory administrative provisions, and at others to simply meet their needs–, will be analyzed. We identify that the procedure after the temporary closure order means a long and dark path that the inspected applicant is obliged to follow. This often constitutes a perverse incentive that motivates the applicant to disobey. Likewise, the offense detection factor can be seen as an indicator of the deficiency of the State to identify the offenders and to require the...
15
artículo
Publicado 2021
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The purpose of this article is to reflect on the application of the burden of proof, provided in the Article 23 of the New Labor Procedure Law, in cases in which, the responsible part for producing the evidence provides for them, but, their results are insufficient to determine the facts that support the claim. From there, we intend to discuss the application of the principle of procedural collaboration, as a mechanism before the application of the rules of distribution of the burden of proof, to seek a rationally justified and controllable judgment.
16
artículo
Publicado 2023
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Objective. The objective of the study was to determine the relationship between internal control and the execution of works by direct administration in the District Municipality of Santa María del Valle, Huanuco, 2019. Methods. For it, a census sample composed of a total of 20 municipal collaborators was used. The research methodology used was applied, with a quantitative approach and a correlational descriptive level. A non-experimental and cross-sectional design was used. To obtain information from the population, the survey and questionnaire were used as a technique and instrument, respectively. The questionnaire was validated through experts judgment and demonstrated high reliability with a Cronbach alpha coefficient of 0.92. Results. The main result of the study revealed that there is a direct and significant relationship between internal control and the execution of works by direc...
17
artículo
Publicado 2008
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The idea of the present article is to resemble the function that exerts the organisms or powers of the countries, to fulfill the transcendental mission of control of the constitutionality of the law and to ensure for the protection of the fundamental rights and the public freedom. The historical origins of the institution referred to the American system will be treated first, then it will be analyzed the antecedent in Austria, later on we will focus in the present regimes of the Latin American countries and we will conclude in the current system in our country.
18
artículo
Publicado 2008
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The idea of the present article is to resemble the function that exerts the organisms or powers of the countries, to fulfill the transcendental mission of control of the constitutionality of the law and to ensure for the protection of the fundamental rights and the public freedom. The historical origins of the institution referred to the American system will be treated first, then it will be analyzed the antecedent in Austria, later on we will focus in the present regimes of the Latin American countries and we will conclude in the current system in our country.
19
artículo
Publicado 1981
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The protection of fundamental rights is an essential task for any state. It is therefore essential to be aware of the procedural measures that can be applied when constitutionally recognised rights are affected. With this in mind, the purpose of this article is to provide a detailed description of the procedural measures and constitutional control mechanisms included in the Peruvian Constitution of 1979 to guarantee the effective protection of fundamental rights. Among the protective measures, the so-called constitutional guarantees stand out: amparo, habeas corpus, popular action and action for unconstitutionality, to which should be added the contentious-administrative action. The report also assesses, albeit to a lesser extent, exceptional regimes and their impact on fundamental rights. Mention is also made of the ability of the Court of Constitutional Guarantees to review in cassatio...
20
artículo
Blockchain technology is expected to change the way in which the exchange of goods and services is developed, the management of conflicts, and will substantially influence the process of state modernisation. The current research aims to be a simple organisational and theoretical guide that provides a strategy for the process of conflict management in the state sphere. This is based on the imperative need to modernise the current public system, based on the division of powers. This article fundamentally emphasises three concordant ideas: first, that blockchain technology helps to automate certain tasks, thus facilitating access to a decentralised space independent of a central control authority. It democratises and makes management and decision-making processes transparent, allowing all those involved to be examined on an equal footing, and third, it aims to maintain the necessary manual ...
