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1
artículo
Publicado 2016
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The following article offers a point of view about the arbitraje as an alternate resolution method for workplace conflicts, in this way, a more critical point of view can be developed about the possibility of the arbitraje usage regulated in the “Ley Procesal del Trabajo” which once again has been regulated in the “Nueva Ley Procesal del Trabajo”. For that purpose, the author analyzes the different points of view existing in the doctrine as well as the ones in the jurisprudence about the labour arbitration situation in the “Ley General de Arbitraje”, followed by this, it will be analyzed the regulation contained in the “Nueva Ley Procesal del Trabajo”.
2
artículo
Publicado 2016
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The information and communication technologies are a set of techniques used for handling all kinds of information, which have been adopted by the administration of justice systems, including Peru. One of the components of these technologies is videoconferencing, which is a communication system that transmits and receives audio, image and data signals between two or more remotely located sites, in real time; creating a virtual reality. For the traditional doctrine, the principle of immediacy manifests, provided there is actual physical presence of the judge, procedural test subjects and bodies, not support means or intermediaries; but for the new concept, the principle of immediacy relationship further comprises the generated virtual computing environments, between the judicial and procedural subjects, test bodies and between them and those who are in geographically distant locations. Cur...
3
artículo
Publicado 2016
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The information and communication technologies are a set of techniques used for handling all kinds of information, which have been adopted by the administration of justice systems, including Peru. One of the components of these technologies is videoconferencing, which is a communication system that transmits and receives audio, image and data signals between two or more remotely located sites, in real time; creating a virtual reality. For the traditional doctrine, the principle of immediacy manifests, provided there is actual physical presence of the judge, procedural test subjects and bodies, not support means or intermediaries; but for the new concept, the principle of immediacy relationship further comprises the generated virtual computing environments, between the judicial and procedural subjects, test bodies and between them and those who are in geographically distant locations. Cur...
4
artículo
Publicado 2022
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The relationship between the sanctioning power of the Office of the Comptroller General of the Republic (CGR) and the administrative disciplinary procedure within the framework of the Civil Service Law is analyzed. The research followed a quantitative, cross-sectional methodology, with a descriptive design and correlational level. The findings show that for 9.4% and 17.2% of the interviewees, the principle of non bis in idem is applied very poorly and poorly respectively, 60.4% is regular and 13% is efficient. It is evident that there is a strong relationship between the sanctioning power of the CGR and the administrative disciplinary procedure with a value of Chi - Pearson Square 0.000 < α = 0.05, i.e., both fulfill their purpose. However, the problem lies when a public servant is prosecuted under both regimes, generating controversy with the principles of due process and non bis in...
5
artículo
Publicado 2025
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The work had its genesis in the analysis of the administrative acts in relation to the application of the approval to terminate the labor relationship between employers and workers, the research was developed through techniques or information tools such as the descriptive and qualitative method which allowed the collection of a vast amount of reliable information. This made it possible to identify the deficiencies and limitations that exist on the part of the labor inspector in relation to notification and response times, which prevents the parties involved from being unable to present solid evidence to support their petition. The results were clear and precise in identifying the problem in relation to this administrative act, therefore, it is concluded that this should be known and dealt with by the corresponding specialized jurisdiction, guaranteeing respect for due process and legal c...
6
artículo
Publicado 2020
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The way to solve impunity for crimes against Public Administration as a goal of Criminal Law in our national situation, will always be latent, to be able to fight, corruption needs to be shown. Through the complaint, the acts of corruption come to light to be investigated and punished In the present investigation we must aim to determine the importance of the preparatory investigation stage in crimes of corruption of officials within the framework of the New Criminal Procedure Model and the relationship between the beginning of the Preliminary Investigation and the formalization of the Preparatory Investigation in the judicial district of Puno, to identify how the fiscal disposition that declares the continuation and formalization of the preparatory investigation contributes to due process with incidence on the object and purpose of the criminal process, to deepen the analysis and interp...
7
artículo
The order for payment process and the need for its incorporation into the Peruvian procedural system
Publicado 2025
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The cognition or declaratory process is currently the only mechanism that allows a creditor to claim recognition of its right, but it has significant disadvantages, such as its lengthy duration of 5 to 10 years and the high costs associated with it, even for small debts. To solve this problem, the order for payment process has been implemented in several jurisdictions, which offers a more agile procedure in which a judge can quickly recognize the creditor's right and issue an enforceable order. This process can be pure, without the need for documentary evidence, or documentary, which requires some evidence to support the claimed obligation. In case of opposition by the debtor, this must be substantiated, which may result in a declaratory proceeding to clarify the existence of the claim. The Commission for the Reform of the Code of Civil Procedure proposes two types of order for payment p...
8
artículo
The order for payment process and the need for its incorporation into the Peruvian procedural system
Publicado 2025
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The cognition or declaratory process is currently the only mechanism that allows a creditor to claim recognition of its right, but it has significant disadvantages, such as its lengthy duration of 5 to 10 years and the high costs associated with it, even for small debts. To solve this problem, the order for payment process has been implemented in several jurisdictions, which offers a more agile procedure in which a judge can quickly recognize the creditor's right and issue an enforceable order. This process can be pure, without the need for documentary evidence, or documentary, which requires some evidence to support the claimed obligation. In case of opposition by the debtor, this must be substantiated, which may result in a declaratory proceeding to clarify the existence of the claim. The Commission for the Reform of the Code of Civil Procedure proposes two types of order for payment p...
9
artículo
Publicado 2025
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The General Organic Code of Procedures (COGEP) establishes the hearing as a procedure for the administration of justice, which requires lawyers to adopt a new procedural approach in the presentation of evidence. This article analyzes one of the previously detailed aspects, the admissibility of evidence, with regard to the admissibility requirements (relevance, relevance, usefulness). While it is true that doctrine is a source of law, it must contain a number of criteria regarding the admissibility requirements of evidence. This qualitative study, a systematic bibliographic review using historical-logical, documentary review, hermeneutical, and analysis-synthesis methods, aims to develop some considerations regarding evidence in this new code. Among the main findings are: the existence of evidence demonstrating that evidence has been present in judicial proceedings since before our era; T...
10
artículo
Publicado 2010
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This paper analyzes the impact of Article 18, paragraph 3 of the new Code of Criminal Procedure, this is developed in relation to Article 149 of the Constitution of Peru. The aforementioned article of the new Criminal Procedure Code states that the penal system can not intervene in those cases where the communal authorities have already exercised their competence. Consequently, it is necessary to develop on which that competence is based. According to article 149 of the Constitution, the communal authorities have jurisdictional functions; in that sense, jurisdictional pluralism is being recognized in a broad sense. Likewise, it is necessary to specify which instances are authorized to perform said functions. The author establishes that these instances are the peasant communities, and within them specifically the communal authorities, and the peasant patrols. It is essential to mention th...
11
artículo
Publicado 2009
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In San José, Costa Rica, from January 19 to 31, 2009, the Inter-American Court of Human Rights held its eighty-second regular session, held at its headquarters "the Inter-American Court". There, a series of punctual reforms of the Statute of the Inter-American Court of Human Rights that came into force on March 24, 2009 were approved. Based on this, the article, first, raises the background and context in which it had the recent reform of the Statute of the Court. Then it is mentioned some of its issues and highlights, which have to do, on the one hand, with the Statute of practices that the Inter-American High Court has been adopting in recent years and, on the other, with the adjustment of specific aspects of the processing of the cases contained in the Statute adopted in November 2000, which came into force on June 1, 2013. Regarding this, the author emphasizes highlighting the evolu...
12
artículo
Publicado 2010
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In the present work we study the influence of the unfolding procedure on the electronic level spacing statistics of silver nanoparticles (in their most stable configuration) with 923 and 2057 atoms, which were obtained employing molecular dynamics simulation with a tighet-binding potential. The results indicate that there is a strong dependence of the Brody parameter with the degree "n" of the polynomial used to make the unfolding procedure, especially for small n. For n=>6 the Brody parameter, independently of the nanoparticle sizes, remains almost constant. Thus, it was determined that the Brody parameter is close to the value corresponding to the Wiguer distribution, which is expected for systems in the metallic regime.
13
artículo
Publicado 2019
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The objective of this research work is to examine the procedural institution of the Preventive Prison. For this purpose, it intends to specify if this measure is compatible with the paradigm change of our procedural system, and establish what is the reason for its existence. It also emphasizes the importance of language to build the meaning of legal institutions, thereby seeking to determine the legal nature of the Prison, deconstruct their material budgets, and question their current term. Finally, it concludes by providing recommendations to rationalize the use of the Preventive Prison, and noting that while currently seeking to propose criteria to harmonize with constitutional standards, it is impossible, because a Constitutional State can not admit that this institution inherited from the system Inquisitive remains in force, because it violates the state of innocence and the right n...
14
artículo
Publicado 2017
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This paper analyzes the strict liability system surviving in customs infringement procedures, the grounds for its existence or survival and its consequences. Also, the arguments against such system of liability attribution are examined. Thus, from such starting point, through a precise enumeration of statutory rebuttable presumptions whose intention can be presumed whenever it is difficult for Tax Authorities to prove such presumptions, I intend to find legal solutions to determine the grounds for its replacement without affecting the rights of the relevant individuals or legal entities when the customs infringements are decided.
15
artículo
Publicado 2019
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Objective. To determine what are the factors associated with the self-assessment of the learning of procedural content of the scientific method in students of the University of Huánuco, Huánuco, 2018. Methods. The methodology used considers the following design: prospective, transversal, observational and analytical. He had a quantitative approach, because the need for statistical analysis of the information is present. It corresponds to the relational level, so its main characteristic is the bivariate statistical analysis. He studied a sample made up of 741 students from the University of Huánuco who passed the Thesis Seminar course or its equivalent, according to the professional career. The sample was calculated from a study population of 2417 students, with a 95 % confidence level and an accuracy of 3 %. Results. It was shown that there is an association between the attitude...
16
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...
17
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...
18
artículo
Publicado 2020
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The exercise of the constitutional economic rights of free private initiative and freedom of enterprise may be justifiably limited by objective and reasonable limits established in regulation or imposed by the operation of the market itself. Nonetheless, such rights may be unjustifiably restricted by anti-competitive practices, regulations that contradict the legal system, or the imposition of unnecessary demands and limitations by the Government.In this context, the current regulatory framework in Peru establishes various mechanisms to control the different types of barriers to entry and permanence in the market, among which is the system of elimination of bureaucratic barriers, regulated by Legislative Decree 1256. In order to understand this system and its proper application, the author delimits the scope and particularities of the concept of bureaucratic barrier, as well as the requi...
19
artículo
Publicado 2023
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Objective. To identify the relationship between healthcare-associated infections according to invasive procedures and characterization variables in the neonatal intensive care unit of a regional referral hospital. Methods. The study had a quantitative approach, type and design of correlational study. The population consisted of 273 neonatal medical records, the sample being 160 neonatal medical records from the intensive care unit. A descriptive analysis of frequencies and percentages was performed. Results. Among the microorganisms found,15% (24) belonged to Klebsiella sp.; 11.3% (18) to Pseudomona sp.; 39.4% (63) had a hospital stay of 16 to 28 days; 53.1% (85) had low birth weight; and 80% (128) were preterm. To verify the relationship between X and Y variables, a reliability test p < 0.05 was obtained, which confrmed the relationship between health careassociated infections accord...
20
artículo
Publicado 2020
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Family Procedural Law has been consolidated in the last decade as scholar doctrinary opinions have acknowledged its own characteristics and peculiarities, and the existence of self-governing principles, as well as the requirement to have a judge specialized in this kind of proceedings, with a legal-technical training in family matters, and with a perspective different from the other civil actions. It is important to point out Rogelio Llerena Quevedo’s view as to the role of a judge. He states that: «an unbiased judge interpreting and administering justice could only be taken as one of the best human being. This implies that even if he is the best, he is still human, and therefore, capable of making mistakes. Based on those reasons, there should always be a Code of Ethics as a guide for a good judge».
