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1
artículo
Publicado 2023
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This article discusses the importance of ethical legal rules and actions of judges and civil servants in Mexico for the evidentiary due process. It focuses on ethics in law, particularly in the administrative public function. The research applies the deductive method, connecting the philosophical theory and procedural aspects. Documentary sources such as national legislation and legal literature are used to support arguments. The aim is to justify the need for codes of ethics in the public power, primarily in the administrative public function. The conclusions confirm this statement.
2
artículo
Publicado 2023
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This article discusses the importance of ethical legal rules and actions of judges and civil servants in Mexico for the evidentiary due process. It focuses on ethics in law, particularly in the administrative public function. The research applies the deductive method, connecting the philosophical theory and procedural aspects. Documentary sources such as national legislation and legal literature are used to support arguments. The aim is to justify the need for codes of ethics in the public power, primarily in the administrative public function. The conclusions confirm this statement.
3
artículo
Publicado 2019
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This assay presents the due process of law as a constitutionalized human right facing the Peruvian administrative proceeding. It describes the road traveled by the former up to its ultimate acknowledgement, in the administrative law, through the different regulatory, doctrinarian and jurisprudential instruments. It shows the present consolidation of said right in an administrative headquarters and offers clues for its future interpretation and attention, from the national and compared viewpoint.
4
artículo
Publicado 2019
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This assay presents the due process of law as a constitutionalized human right facing the Peruvian administrative proceeding. It describes the road traveled by the former up to its ultimate acknowledgement, in the administrative law, through the different regulatory, doctrinarian and jurisprudential instruments. It shows the present consolidation of said right in an administrative headquarters and offers clues for its future interpretation and attention, from the national and compared viewpoint.
5
artículo
Given the lack of regulation about the protection of collective rights in Peru, the main goal of this investigation is to show what should be some elements of the content of a due collective process. Thus each of its elements is studied taking into account the Peruvian jurisprudence and legislation.
6
artículo
Publicado 2007
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The Government of laws comes from the Legislative State, whose essential element, among others, is the effective jurisdictional custodyof all the rights and liberties; in this perspective the author inspects the evolution of the denomination of Government of laws; he explains the jurisdictional custody and the due process like fundamental rights; if both rights have identity relation or are different; it also exposes his proposal on the matter; and finally it deals with the recognition of these two rights in the Peruvian Law.
7
artículo
Publicado 2007
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The Government of laws comes from the Legislative State, whose essential element, among others, is the effective jurisdictional custodyof all the rights and liberties; in this perspective the author inspects the evolution of the denomination of Government of laws; he explains the jurisdictional custody and the due process like fundamental rights; if both rights have identity relation or are different; it also exposes his proposal on the matter; and finally it deals with the recognition of these two rights in the Peruvian Law.
8
artículo
Publicado 2020
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Respect for the principle of “due process” in the administrative procedure envisaged for the application of the prohibitions on anticompetitive behavior established in Peru’s antitrust regulations before Indecopi is called into question due to the lack of separation between the investigative body (Technical Secretariat of the Commission of Free Competition) and the decision-making body (Commission of Free Competition). This article examines the issue from three perspectives. First, from the functional economic perspective, the organization and the administrative sanctioning procedure provided for in the Peruvian antitrust legislation are part of the public enforcement model that entrusts Indecopi (an agency divided into two units) with the enforcement of the prohibitions of anticompetitive conduct. Inevitably, this may lead to a confirmation bias (prosecutorial bias) -conscious or ...
9
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.
10
artículo
Publicado 2021
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Preventive detention as a measure of procedural coercion of a personal nature turns out to be the most harmful because its application affects the deprivation of liberty of the accused, who enjoys the guarantee of the presumption of innocence. The unnecessary prolongation of the same violates the right of the accused to a trial within a reasonable time, even more so when the accused is deprived of his freedom. In this work, the author analyzes the lack of regulation of the expiration date of the procedural measure by procedural stage and tests a possible solution that involves a normative proposal to regulate the expiration period of said precautionary measure in a clear guarantee of the right to be subjected to a trial without undue delay.
11
artículo
Publicado 2021
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Preventive detention as a measure of procedural coercion of a personal nature turns out to be the most harmful because its application affects the deprivation of liberty of the accused, who enjoys the guarantee of the presumption of innocence. The unnecessary prolongation of the same violates the right of the accused to a trial within a reasonable time, even more so when the accused is deprived of his freedom. In this work, the author analyzes the lack of regulation of the expiration date of the procedural measure by procedural stage and tests a possible solution that involves a normative proposal to regulate the expiration period of said precautionary measure in a clear guarantee of the right to be subjected to a trial without undue delay.
12
artículo
Publicado 2019
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It is known that 33% of traffic accidents worldwide are caused by drunk driving or drowsiness [1] [2], so a drowsiness level detection system that integrates image processing was developed with the use of Raspberry Pi3 with the OpenCV library; and sensors such as MQ-3 that measures the percentage of alcohol and the S9 sensor that measures the heart rate. In addition, it has an alert system and as an interface for the visualization of the data measured by the sensors a touch screen. With the image processing technique, facial expressions are analyzed, while physiological behaviors such as heart rate and alcohol percentage are measured with the sensors. In image test training you get an accuracy of x in a response time of x seconds. On the other hand, the evaluation of the operation of the sensors in 90% effective. So the method developed is effective and feasible.
13
tesis de grado
Publicado 2020
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It is known that 33% of traffic accidents worldwide are caused by drunk driving or drowsiness [1] [2], so a drowsiness level detection system that integrates image processing was developed with the use of Raspberry Pi3 with the OpenCV library; and sensors such as MQ-3 that measures the percentage of alcohol and the S9 sensor that measures the heart rate. In addition, it has an alert system and as an interface for the visualization of the data measured by the sensors a touch screen. With the image processing technique, facial expressions are analyzed, while physiological behaviors such as heart rate and alcohol percentage are measured with the sensors. In image test training you get an accuracy of x in a response time of x seconds. On the other hand, the evaluation of the operation of the sensors in 90% effective. So the method developed is effective and feasible
14
artículo
Publicado 2022
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Climate change, as well as the appearance of pests and diseases, are affecting olive plantations (Olea europaea L.) and the production of olives in the world, therefore, there is an urgent need for tools to help us identify the spatial and temporal evolution of the olive groves, regarding the attack of pests, in this case, the Orthezia olivicola and the olive borer Phloeotribus scarabaeoides. In this work, we use information from freely available satellite images that allowed us to carry out spatial and temporal analysis and the combination of vegetation indices. For the studied area, according to the values of the NDVI (Normalized Difference Vegetation Index), it was identified that the surface of diseased plants ranges from 42% to 68%, moderately healthy plants from 2% to 18%, and the state of the plantation considered as very healthy plants with a tendency to zero, which means that pr...
15
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”.
16
artículo
The present work aims to analyze the article 419 (2) of the Code of Criminal Procedure, in accordance with article 425 (3) (b) of the Code of Criminal Procedure, which allows the conviction of the acquitted by the Superior Criminal Court, a rule that remains in force despite the fact that, the majority of the jurisprudence issued by the Supreme Court of the Republic and the Constitutional Court itself have declared that convincing the acquitted violates the right to a plurality of instances, a fundamental right contained in article 139 (6) of the Constitution of Peru. And even the Constitutional Court in its ruling in case No. 04374-2015-PHC/TC, dated July 21, 2020, urged the Congress of the Republic to establish an amendment to article 425 (3) (b) of the current Code of Criminal Procedure to enable the review, through an ordinary appeal, of the conviction of the person acquitted in...
17
artículo
The present work aims to analyze the article 419 (2) of the Code of Criminal Procedure, in accordance with article 425 (3) (b) of the Code of Criminal Procedure, which allows the conviction of the acquitted by the Superior Criminal Court, a rule that remains in force despite the fact that, the majority of the jurisprudence issued by the Supreme Court of the Republic and the Constitutional Court itself have declared that convincing the acquitted violates the right to a plurality of instances, a fundamental right contained in article 139 (6) of the Constitution of Peru. And even the Constitutional Court in its ruling in case No. 04374-2015-PHC/TC, dated July 21, 2020, urged the Congress of the Republic to establish an amendment to article 425 (3) (b) of the current Code of Criminal Procedure to enable the review, through an ordinary appeal, of the conviction of the person acquitted in...
18
artículo
Publicado 2017
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In the face of a conflict, citizens can follow different ways to solve it. But, how justice is configurated in the conclusion of a specific conflict? what guarantee that the procedure of the mechanism is fair? We can think here in the due process of law; nevertheless, due process of law does not reach all mechanisms of conflict resolution.This paper, therefore, focuses in the study of the role of justice in (i) the procedural scope of judicial process and ADR mechanisms; and in (ii) the conflict resolution generated by them.
19
artículo
Publicado 2016
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In this article the author show us the situation of the precarious along the eviction process where they are involved. Likewise, he tell us regarding the cumbersome situation and the null legal certainty that existed about this theme before the emission of the Fourth Civil Cassation Plenaries.After the Plenaries, the author points, were given rules to identify this matterand reach uniforms conclusions by judges, which represents an advance in the predictability of the judicial decisions about the eviction by precarious occupation.
20
artículo
Publicado 2017
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Judicial review of the awards in Peru is in practice problematic and incomprehensible. Even though the law expressly forbids the judicial analysis of the reasoning of the award, in reality more than the half of proceedings for setting aside an award are based on objections to its reasoning. In view of this situation, it is essential to understand which are the “defects” in the reasoning that renders void the award, in order to not commit them. This paper seeks to propose guidelines that allows arbitrators to avoid the annulment of the award due to its reasoning.
