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1
artículo
Publicado 1981
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The previous Constitution of 1933 reflected severe limitations in resolving conflicts between state organs. Consequently, it is important to examine the modifications implemented by the new constitution. Only in this way will it be possible to evaluate to what extent the changes affected or not the dynamics between the political powers that make up the State. In this sense, this article analyzes the interrelationship between the Executive and Legislative branches in the Peruvian Constitution of 1979. After addressing the determining aspects of the subject, the author concludes by pointing out that the reforms introduced by the new Magna Carta are partial and do not contribute to an adequate system of checks and balances; which ends up affecting the balance between the political powers of the State. Therefore, it is recommended to aim for a deeper restructuring that improves the efficienc...
2
artículo
Publicado 2023
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In Peru, the Constitutional Court has jurisdiction to resolve unconstitutionality and conflicts processes in a single instance, and must do so through the interpretation of constitutional norms, as it is the highest body of control and interpretation of the Constitution. This research analyzes the position assumed by the Court in the face of conflicts between Congress and the Executive Power during the unstable political period 2016-2021. In the control of the laws and the modifications to the Rules of Congress approved by the parliamentary majorities elected in 2016 and 2020, the dissolution of Congress decreed on September 30, 2019 by the Executive and the vote of confidence, established important guidelines of constitutional interpretation; however, this did not occur in matters such as the control of the presidential vacancy due to permanent moral incapacity, the extraordinary emerge...
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4
artículo
Publicado 2017
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The recently promulgated Legislative Decree No. 1332 aims to promote business formalization by facilitating the incorporation of companies. To this end, it promotes the establishment of the Business Development Centers and amends various articles of the General Corporations Law in matters of corporate name, corporate purpose, and powers and attributions of the Chief Executive Officer.In this article, the author analyzes the new regulations on Business Development Centers and comments on the recent amendments to the General Corporations Law, in order to determine their effects and suitability.
5
artículo
Publicado 2015
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Initially the exercise of sanctioning powers is contextualized in the field of government procurement in Colombia, regulatory and jurisprudential development of this power and the procedure envisaged by the legislature for the imposition of sanctions is exposed when a violation or breach of it becomes apparent the contractor’s obligations, specifying the scope and gaps that the process involves. Then the consecration of the sanctioning power of the administration is presented in the Peruvian law, marking the differences with the model adopted by the Colombian law, to conclude with some perspectives on the subject.
6
artículo
Publicado 1985
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The paper analyzes how the strengthening of the Executive Branch has allowed the government to assume legislative functions that traditionally corresponded to the Legislative Branch, which has led to an increasingly active presence of the Executive in the field of normative production. In this regard, it is noted that the 1979 Constitution contemplated the delegation of legislative powers to the Executive, but the experience of the 1980s revealed deficiencies in the regulation and supervision of this delegation. The author mentions some examples in which the Executive dictated norms in matters such as organic laws, tax and criminal legislation, arguing that certain areas should be reserved only to the Parliament. Therefore, the paper proposes greater parliamentary control and the need to respect constitutional limits to avoid abuses in the use of these powers.
7
tesis de grado
Publicado 2023
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El Trabajo de Suficiencia Profesional aborda los criterios empleados por el Tribunal Constitucional en la Sentencia de Pleno No 671/2020, mediante la cual se determinó la constitucionalidad de los Decretos Legislativos No 1400 y No 1409; con el contraste del voto singular emitido por Ernesto Blume Fortini, magistrado del Tribunal Constitucional, quien votó a favor de la inconstitucionalidad de dichos decretos. Por ello, el objeto del estudio fue el análisis del cumplimiento de los requisitos establecidos en la Ley Autoritativa No 30823 por parte del Poder Ejecutivo, es decir, se analizó si se cumplió con el plazo de los sesenta (60) días para la emisión de las normas, y si se respetaron los alcances de la ley autoritativa con relación a la materia de gestión económica, competitividad y modernización de la gestión del estado, sin restringir competencias notariales ni registral...
8
artículo
This work has been prepared with two objectives. The first is to expose the reasons why ex officio promotion in the execution stage of labor processes is an obligation of judges to make the right to effective jurisdictional protection a reality. The second is to present the practice of this ex officio impulse in a labor lawyer's peace court and the consequences of it. From these purposes, the conclusion was reached that, due to the right to jurisdictional protection contained in various legal, constitutional and conventional mandates, the judge has the intrinsic obligation to necessarily ensure the effectiveness of the sentences, a task that must be carried out trade, in such a way that in addition to generating the material satisfaction of the winner of the process, it helps to improve confidence in the Judiciary. Additionally, for said informal execution, judges have various legal powe...
9
tesis de grado
Universidad Nacional Agraria La Molina. Facultad de Industrias Alimentarias. Departamento Académico de Ingeniería de Alimentos y Productos Agropecuarios
10
artículo
Publicado 2025
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In Mexico, a high percentage of young people experience symptoms of generalized anxiety, which are associated with difficulties in executive functions (EF). However, previous studies have shown inconsistent results, as they often rely solely on either objective or subjective measures. Therefore, this study focused on analyzing the relationship between generalized anxiety and EF using both a neuropsychological battery and a self-report questionnaire, in order to provide a more comprehensive understanding of cognitive functioning in adolescents. A quantitative, non-experimental, cross-sectional, correlational, and explanatory design was employed. The sample consisted of 96 adolescents between 12 and 15 years old from the state of Puebla, Mexico. A total of 10.41% of participants presented severe symptoms of generalized anxiety. A significant relationship was found between anxiety and one o...
11
artículo
Publicado 1972
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This paper analyzes the Peruvian legal system with special emphasis on their normative hierarchy. In this way, quoting Hans Kelsen, the author mentions the three main classes of norms present in our legal system: i) the Political Constitution; ii) legislation; and iii) administrative acts. Regarding them, the author analyzes their content and also criticizes the influence of the political context in their development. Likewise, he delves into the problems noted with respect to constitutional supremacy and the mechanisms developed to act against the incompatibility of the norms and the Constitution: judicial review, habeas corpus and the provisions of the Organic Law of the Judiciary. Finally, the author analyzes the legislative powers of the Executive Branch and the political framework that influenced their scope.
12
artículo
Publicado 2023
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The present work studies the political and constitutional problems that have arisen as a result of the relations between the Executive and Legislative Powers. To do this, it studies the first debates on the form of government that arose after independence, as well as the existing constitutional crises, especially when the President of the Republic has not had a parliamentary majority and, on the contrary, has had governance problems due to to the opposition that emerged from Congress. Following this historical review, the current regulation of the question of confidence, the dissolution of Parliament, the presidential vacancy, the impeachment of the President of the Republic and the presidential succession are analyzed, proposing reforms to the constitutional text and interpretations of the Constitution that avoid the abusive and discretionary use of these institutions by the powers of t...
13
artículo
Every day several legal acts are celebrated in Peruvian society, so knowing the legal figure of power is of utmost importance for all persons who celebrate legal acts on behalf of others, since errors can be made by not knowing about this legal mechanism. In this work, this guides precisely to make known the relevant issues that must be considered before executing a power of attorney, which the people must take into account, since ignorance can have serious consequences not only for the persons that execute the power of attorney, legal act, but also third persons.
14
artículo
Publicado 2023
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In Peru, the Constitutional Court has jurisdiction to resolve unconstitutionality and conflicts processes in a single instance, and must do so through the interpretation of constitutional norms, as it is the highest body of control and interpretation of the Constitution. This research analyzes the position assumed by the Court in the face of conflicts between Congress and the Executive Power during the unstable political period 2016-2021. In the control of the laws and the modifications to the Rules of Congress approved by the parliamentary majorities elected in 2016 and 2020, the dissolution of Congress decreed on September 30, 2019 by the Executive and the vote of confidence, established important guidelines of constitutional interpretation; however, this did not occur in matters such as the control of the presidential vacancy due to permanent moral incapacity, the extraordinary emerge...
15
artículo
Publicado 2023
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It is common for companies to be concerned about their operational, commercial, strategic problems, among others, but family businesses that mostly belong to the range called SMEs in Peru, have additional problems that arise from their own nature, such as the Consanguinity of partners, difficulty in decision making, vision of the future, power succession plans, among others. Therefore, it is objective to describe and then relate the factors that can influence a family business to last over time, but in particular a relevant and particular variable is addressed: the succession of power. In the present investigation, it is identified if family businesses in the Tacna region have succession plans duly communicated, if they have been executed at any time, the management of the event is evaluated to determine if having a plan contributes to that the company generates growth in sales, assets, ...
16
artículo
Publicado 2019
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Workers are calling for a new psychological contract in which power differences are less asymmetrical and underrepresented voices are heard. In this context, the present study identifies the gaps between the three organizational hierarchical levels (strategic, executive and operational) with a focus on power asymmetries. Employing the case studies methodology, Denison’s (1990) instrument is applied to measure the four dimensions (Adaptability, Involvement, Mission and Consistency) of organizational culture at a supermarket located in northern Chile that is part of a leading chain regionally and nationally. Information was collected through 163 surveys and analyzed using nonparametric statistics. The results reveal a high correlation between hierarchal levels and the dimensions of organizational culture. However, in four particular sub-dimensions (empowerment, capability development, co...
17
artículo
Publicado 2014
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En este trabajo el autor analiza a profundidad los artículos 17, 19 y 20-A de la Ley N° 29325 -Ley del Sistema Nacional de Evaluación y Fiscalización Ambiental. En ese sentido, se exponen los principios jurídicos y los límites para el ejercicio de la potestad sancionadora de la Administración Pública, así como el proceso de ejecución coactiva a la luz de la normativa vigente.
18
artículo
Publicado 2019
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The article has as its objective the study of executive measures, due to the fact that in practice they are mistaken with injunctions. For this, as a first step, injunctions are briefly studied and their main features are pointed out. Then the concept of executive measures is analyzed and its main differences with injunctions are then determined. Finally, the article is centered in the study of the expiration of executive measures, that is, it is about finding whether executive measures ruled under the PCC of 1993 have an expiration date for which all national legislation is developed (with all its modifications) and the posture of the doctrine and of the tribunals belonging to Public Registries and the Judicial Power.
19
artículo
Publicado 2023
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In this article, the author studies the delay or slowness of the procedures for the granting of urban and building licenses, which is mainly due to the lack of knowledge of the applicable regulations and/or the arbitrary or deficient exercise of municipal officials, which in turn results in the demand for greater requirements than those contemplated in the national regulatory framework, the creation of new administrative procedures, among others.The delay of such procedures not only affects real estate projects, but also has an impact on the complementary activities and services necessary for their execution, such as the design, preparation and execution of the projects, the supervision of the works, the hiring and beginning of work by contractors, suppliers of inputs and services, administrators and workers, purchasers of real estate units, among other serv...
20
artículo
Publicado 2024
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Corruption is a phenomenon deeply rooted in Peruvian republican history. Since the viceregal era, corruption scandals in the public apparatus have been recurrent. However, starting in the second half of the 2010s, when the international scandal known as “Lava Jato” was uncovered (from which Peruvian politics could not escape), corruption began to be used as an argument that triggered several presidential crises in Peru. Thus, various political control mechanisms, both in the Executive and the Legislative, were based on the fight against corruption to attack the rival power. In that sense, based on the qualitative analysis of the various documents presented, the arguments from both the Executive and Legislative Branches will be analyzed. These documents will be analyzed from the website of the Congress of the Republic of Peru. Finally, it is observed that corruption was used recurrent...
