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judicial processes » judicial process (Expander búsqueda), judicial proceedings (Expander búsqueda)
para judicial » carga judicial (Expander búsqueda), parte judicial (Expander búsqueda), data judicial (Expander búsqueda)
1
artículo
Publicado 2021
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Among the fundamental values of the child protection system, apart from the right to non-discrimination, the right to life and the best interests of the child is the right to child participation in the judicial process; however, this right has not been implemented concretely and adequately to guarantee its effectiveness. In this article, we will examine this right in the legal system and the various normative dispositions that regulate it and identify some issues that highlight the guarantees that should exist for it to be effective. Based on this, we will propose procedural measures to guarantee this right of participation and the full protection of the rights recognized in the Convention on the Rights of the Child, trying to ensure that the intervention is the least harmful as possible, depending on what the circumstances require.
2
artículo
Publicado 2025
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This article conducts a systematic review to analyze the impact of artificial intelligence (AI) on the transformation of judicial processes, following the guidelines of the PRISMA methodology. The main objective is to assess how AI contributes to efficiency, accuracy and accessibility in the judicial field, identifying both its benefits and associated ethical challenges. Studies published between 2020 and 2024 were collected and analyzed in databases such as Scopus and SCielo, using specific search equations and previously defined inclusion and exclusion criteria. The results highlight that AI can optimize judicial processes by automating routine tasks and predictive decision making, with examples of implementation in countries such as Estonia and Singapore. However, concerns about algorithmic biases and system transparency were also identified. It is concluded that, to ensure fair and e...
3
artículo
Publicado 2019
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The objective of the study was to determine the relationship between the absence of the institute from the extrusion in the Peruvian criminal procedure system and the unjust prosecution of the Huanuco Judicial District, 2012-2014. The type of research in the present study was observational. In the study the correlational and analytical design was applied. The population of the present study consisted of the total of resolutions in which the extradition in the criminal proceedings of the last three years of entry into force of the New Criminal Procedure Code in the Judicial District of Huánuco has been applied period 2012-2014. , 24 prosecutors were taken into account. The sample corresponded to the non-probabilistic sampling for convenience constituted by the only three cases with resolutions issued by the Superior Chamber of the Judicial District of Huánuco, where enforcement was invo...
4
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.
5
artículo
Publicado 2019
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This work identifies, from the bibliographic point of view, the different contributions, proposals, approaches and studies around the reform of the administration of justice in Peru, also called modernization, restructuring or refounding of the Judiciary. Notwithstanding the wide bibliography on this important subject, an interesting nucleus of publications corresponding to the 20th century and the beginning of the present century is reported. A first bibliographical review to promote research on the Peruvian judiciary and understand its historical evolution precedes a timely analysis of the author on the need for a change from the Judiciary itself, circumscribed to a democratic theory for judicial governance, and involves the participation of the different actors of the justice system and civil society, by a solid and predictable Judiciary as a support for constitutional democracy.
6
artículo
Publicado 2019
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This work identifies, from the bibliographic point of view, the different contributions, proposals, approaches and studies around the reform of the administration of justice in Peru, also called modernization, restructuring or refounding of the Judiciary. Notwithstanding the wide bibliography on this important subject, an interesting nucleus of publications corresponding to the 20th century and the beginning of the present century is reported. A first bibliographical review to promote research on the Peruvian judiciary and understand its historical evolution precedes a timely analysis of the author on the need for a change from the Judiciary itself, circumscribed to a democratic theory for judicial governance, and involves the participation of the different actors of the justice system and civil society, by a solid and predictable Judiciary as a support for constitutional democracy.
7
artículo
The Chain of Custody is considered a fundamental element in criminal proceedings, since it depends on the validity that the judge comes. The Judicial Police, the Prosecutor's Office and all those responsible for the chain of custody must carry out their duties without any negligence, so that they are not involved in responsibilities that may be administrative, civil and even criminal. This study focuses on analyzing the elements to be taken into account in the management of the chain of custody in the Ecuadorian criminal process that guarantee the validity of the evidence. The importance of reviewing the topic lies in the need to know relevant aspects of the chain of custody and the evidentiary elements. It also includes information on the conditions and people involved in the stages of collection, shipment, handling, analysis and conservation of these elements, as well as possible chang...
8
artículo
Publicado 2018
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En este trabajo se analizan las principales dificultades que enfrenta el Poder Judicial, especialmente la Corte Superior de Justicia de Huánuco, para administrar justicia: el escaso presupuesto destinado a este Poder del Estado, la sobrecarga procesal y la falta de capacitación de los servidores judiciales; frente a ello, se ensayan algunas soluciones.
9
artículo
Publicado 2020
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In the present article, the author addresses the various changes that have been taking place regarding the Process of Judicial Affiliation of Extramarital Paternity in recent years, analyzing whether these have been positive or not, especially for children and adolescents born outside of a marriage. Highlighting the most relevant news that each one of the modifications brought.
10
artículo
In comparative law, frictions between the Judiciary and the Constitutional Tribunal are not new. As Garcia Belaunde recalls they have existed since the 60’s in Italy, from where the name «Battle of the Courts» originated, because the maximum judicial body in said country is the Court of Cassation and the concentrated body for constitutional control is the Constitutional Tribunal. The aforementioned phenomenon is replicated in Spain and in Colombia, where the incident is known as a «train crash». In our country, to debate whether the Constitutional Tribunal is hierarchically superior to the Judiciary is to mention the scope of Article 201 of the Constitution in force that defines the Constitutional Tribunal as the autonomous and independent «controlling body of the Constitution». However and strictly in relation to the foregoing, this article also tackles the binding precedent, a ...
11
artículo
In comparative law, frictions between the Judiciary and the Constitutional Tribunal are not new. As Garcia Belaunde recalls they have existed since the 60’s in Italy, from where the name «Battle of the Courts» originated, because the maximum judicial body in said country is the Court of Cassation and the concentrated body for constitutional control is the Constitutional Tribunal. The aforementioned phenomenon is replicated in Spain and in Colombia, where the incident is known as a «train crash». In our country, to debate whether the Constitutional Tribunal is hierarchically superior to the Judiciary is to mention the scope of Article 201 of the Constitution in force that defines the Constitutional Tribunal as the autonomous and independent «controlling body of the Constitution». However and strictly in relation to the foregoing, this article also tackles the binding precedent, a ...
12
artículo
The paper explores the foundations of procedural law, highlighting its relevance as a fundamental legal science for the social order. It begins with a critique of the doctrinal underdevelopment of procedural law in Peru, pointing out that procedural law has historically been considered secondary. He then presents several key concepts: traditional procedural law, which conceives it as a set of adjective rules subordinated to substantive law; modern procedural law, which frames it in a dialectical sphere with substantive law; and, finally, the post-publicist vision, which orients it towards social justice, understood as a fundamental right. Likewise, the author addresses concepts such as action, jurisdiction, competence and effective judicial protection, emphasizing the role of these in the impartial and peaceful resolution of conflicts, thus guaranteeing peace and justice in society. Fina...
13
artículo
Publicado 2021
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This research work studies the process of changing the name and sex of LGTBIQ people (acronym formed by the initials of the words lesbian, gay, transsexual, bisexual, intersexual, and queer), who have historically been discriminated against and violated in their human rights of access to justice and recognition of legal personality concerning their sexual orientation and gender identity. For its development, doctrine, legislation, and jurisprudence were analyzed to propose a judicial and legislative reform that establishes the parameters for the integral adequacy of self-perceived gender identity.
14
artículo
Publicado 2021
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This research work studies the process of changing the name and sex of LGTBIQ people (acronym formed by the initials of the words lesbian, gay, transsexual, bisexual, intersexual, and queer), who have historically been discriminated against and violated in their human rights of access to justice and recognition of legal personality concerning their sexual orientation and gender identity. For its development, doctrine, legislation, and jurisprudence were analyzed to propose a judicial and legislative reform that establishes the parameters for the integral adequacy of self-perceived gender identity.
15
artículo
Publicado 2020
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This article gives an overview of the implementation of remote work system that have transformed the judicial system during the context of coronavirus outbreak. The implementation of Remote work serves to optimize the procedural discharges of not urgent Judicial Processes. It is perceived that remote work is relevant to the Judicial Court optimization and it can be adapted in the places where an Electronic Judicial Expedient is not available.
16
artículo
Publicado 2020
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This article gives an overview of the implementation of remote work system that have transformed the judicial system during the context of coronavirus outbreak. The implementation of Remote work serves to optimize the procedural discharges of not urgent Judicial Processes. It is perceived that remote work is relevant to the Judicial Court optimization and it can be adapted in the places where an Electronic Judicial Expedient is not available.
17
artículo
Publicado 2019
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The present paper describes the current debate about the criminal punishment purpose, as the element that legitimates its imposition. Thus, the author analyses the existent theories to determine how the affect the judicial individualization. As culmination, there is a review of the current practical application of criminal punishment purpose in juridical system, to make some recommendations to be applied.
18
artículo
Publicado 2025
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Implementing a digital process for letters rogatory and judicial assistance requests in Ecuador requires a strategic approach to enhance efficiency and transparency. First, it's essential to revise the legal framework to validate digital procedures. A secure and centralized online platform should be developed, incorporating encryption and digital signatures. Coordination among institutions like the Judicial Council, Ministry of Foreign Affairs, and Public Prosecutor's Office is vital. Training programs must be implemented to prepare staff and legal professionals. Integration with international systems will ensure interoperability and compliance with global standards. A pilot phase can help test the system in selected jurisdictions before national deployment. Stakeholder engagement and awareness campaigns will foster broader acceptance. ongoing monitoring, user feedback, and continuous up...
19
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.
20
artículo
Publicado 2020
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El presente artículo pretende hacer foco en algunas cuestiones del proceso judicial por infracciones aduaneras en Uruguay, en particular, se reflexiona en torno al contenido del Derecho Aduanero y a las infracciones aduaneras. Se analiza el contenido, necesidad y finalidad del Proceso Aduanero por Infracciones Aduaneras editado por el Código Aduanero de la República Oriental del Uruguay. Asimismo, mediante un análisis de las características de su contenido, se proponen recalificaciones a su pretendida ubicación como Proceso Civil, reconociéndolo como Proceso “Aduanero”, y con ello, como una categoría dentro de los Procesos Sancionatorios. Se analiza el objeto del Proceso Aduanero y su vinculación con la pretensión, para determinar que el mismo se forma progresivamente hasta su fijación en la Demanda Acusación Fiscal. This paper focuses on some issues regarding the judicia...
