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poder processes » point processes (Expander búsqueda), some processes (Expander búsqueda), aided processes (Expander búsqueda)
1
artículo
Publicado 2007
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The sample that is the object of this research work is a kind of bituminous coal, from the Mount Huáscar, province of Oyón, department of Lima. Provided by the Coal Mine Company. The mineralogical characterization of the sample coal, to show the presence of the following minerals: Graphite (grf) and Pyrite (py). The percentage distribution indicates graphite and 96,91% 3,09% pyrite, the particles are mostly free, accordingly modal analysis indicates that the degree of liberation of graphite and pyrite is 100%, that is counted all particles are free, as can be seen in the photos N.º 1, 2 ,3 and 4. Based on the characterization done it can be concluded that sulfur is in the pyrite, which is the polluter coal. Metallurgical tests were conducted preliminary gravity and flotation; being the outcome of the gravity is not satisfactory. The three tests metallurgical more representative of flo...
2
artículo
Publicado 2007
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The sample that is the object of this research work is a kind of bituminous coal, from the Mount Huáscar, province of Oyón, department of Lima. Provided by the Coal Mine Company. The mineralogical characterization of the sample coal, to show the presence of the following minerals: Graphite (grf) and Pyrite (py). The percentage distribution indicates graphite and 96,91% 3,09% pyrite, the particles are mostly free, accordingly modal analysis indicates that the degree of liberation of graphite and pyrite is 100%, that is counted all particles are free, as can be seen in the photos N.º 1, 2 ,3 and 4. Based on the characterization done it can be concluded that sulfur is in the pyrite, which is the polluter coal. Metallurgical tests were conducted preliminary gravity and flotation; being the outcome of the gravity is not satisfactory. The three tests metallurgical more representative of flo...
3
artículo
Publicado 2018
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The present paper seeks to give, in the first place, a brief historical review of the origin and development of contentious administrative process, his location on Peruvian law frame and his function. Also, it gives a critical analysis to show if this process is serving the purpose given, that is protecting the rights and interests of the governed.
4
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.
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
Publicado 2024
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This article aims to reflect on the implementation of artificial intelligence in constitutional processes, specifically in amparo and habeas corpus proceedings against judicial rulings, and the aporia that such an approach would entail, given that it is currently a complex task for claimants to determine the violation of constitutionally protected fundamental rights within ordinary judicial processes. This implies that when such processes are constitutionalized, they may fail to merit a substantiated judgment, as inadmissibility often becomes a decisive factor. From this perspective, an intriguing question arises: Would the implementation of artificial intelligence be effective in resolving constitutional processes that challenge judicial decisions, particularly from the standpoint of protecting fundamental rights and ensuring effective procedural safeguards? Answering this question requ...
8
artículo
Publicado 2024
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This article aims to reflect on the implementation of artificial intelligence in constitutional processes, specifically in amparo and habeas corpus proceedings against judicial rulings, and the aporia that such an approach would entail, given that it is currently a complex task for claimants to determine the violation of constitutionally protected fundamental rights within ordinary judicial processes. This implies that when such processes are constitutionalized, they may fail to merit a substantiated judgment, as inadmissibility often becomes a decisive factor. From this perspective, an intriguing question arises: Would the implementation of artificial intelligence be effective in resolving constitutional processes that challenge judicial decisions, particularly from the standpoint of protecting fundamental rights and ensuring effective procedural safeguards? Answering this question requ...
9
artículo
Publicado 2008
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Being the end of the process a public interest of the State, the judge has probatory initiative for the search of the judicial conviction, however this initiative is limited to the elucidation of the facts that the parties have not proof in a suitable way. The Civil Procedural Code omits in the design of the application of the proofs ordered by the judge the limits on the probatory initiative, omission that must be corrected through a systematic interpretation of the articles 188 and 190 of the Code as a result of the legal interpretation, and going to the procedural doctrine that has established as limits: a) That the judge's test is limited to the following controversial facts; b) The source of the proof must appear in the process; and c) Regarding the principle of contradiction and the right of defense of the parties, allowing to extend its initially proposed tests.
10
artículo
Publicado 2008
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Being the end of the process a public interest of the State, the judge has probatory initiative for the search of the judicial conviction, however this initiative is limited to the elucidation of the facts that the parties have not proof in a suitable way. The Civil Procedural Code omits in the design of the application of the proofs ordered by the judge the limits on the probatory initiative, omission that must be corrected through a systematic interpretation of the articles 188 and 190 of the Code as a result of the legal interpretation, and going to the procedural doctrine that has established as limits: a) That the judge's test is limited to the following controversial facts; b) The source of the proof must appear in the process; and c) Regarding the principle of contradiction and the right of defense of the parties, allowing to extend its initially proposed tests.
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
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 ...
13
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.
14
artículo
Publicado 2020
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The aim of this paper is to highlight the ductility of the legislative limit of the employer’s supervisory power. This is favoured by the use of abstract terms such as «reasonable and necessary». These terms are left to the employer to define and justify the application of labour inspection measures, such as video surveillance. The referred ductility allows the obtaining of evidence with violation of the fundamental right of the worker to the protection of personal data related to his dignity. Frequently, the evidence is relevant —especially when it relates to the imposition of disciplinary measures— and it is admitted into labour proceedings without any additional filter. The latter violates due process, because it allows the entry of illicit evidence; consequently, there is a transgression that also impacts on the inefficient use of available resources, as well as the incorpora...
15
artículo
Publicado 2020
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Since the growing health crisis produced by COVID-19, our economic, social, and judicial environment has undergone several changes. Among these changes are the measures adopted by the judiciary to continue protecting rights and to continue with «normality» in its own work. This article comments on Directive No. 007-2020-CE-PJ approved by Administrative Resolution of the Executive Council of the Judiciary No. 000167-2020-CE-PJ, which implemented the «Simplified and Virtual Process of Food for Children and Adolescents». Indeed, it will be analyzed its main scopes and relevant modifications with regards to the traditional process. Likewise, the experience of the Superior Court of Justice of La Libertad with respect to the implementation of the virtual form of food demand will be taken into consideration.
16
artículo
Publicado 2020
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Since the growing health crisis produced by COVID-19, our economic, social, and judicial environment has undergone several changes. Among these changes are the measures adopted by the judiciary to continue protecting rights and to continue with «normality» in its own work. This article comments on Directive No. 007-2020-CE-PJ approved by Administrative Resolution of the Executive Council of the Judiciary No. 000167-2020-CE-PJ, which implemented the «Simplified and Virtual Process of Food for Children and Adolescents». Indeed, it will be analyzed its main scopes and relevant modifications with regards to the traditional process. Likewise, the experience of the Superior Court of Justice of La Libertad with respect to the implementation of the virtual form of food demand will be taken into consideration.
17
artículo
Publicado 2007
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Gathered for the first time in the Political Constitution of 1993, the Process of Competition is a suitable way to dissolve the existingconflicts, as far as the competitions granted by the Political Constitution to the diverse organs of constitutional relevance and to the other organs of the State. For that reason, starting off of an analysis of the normativity applicable to it, the author takes care of the competential process by the study of sentences of the Constitutional Court related to the Judicial Power, in which he tries to distinguish the supposed existing tensions between this Court and the Judicial Power.
18
artículo
Publicado 2007
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Gathered for the first time in the Political Constitution of 1993, the Process of Competition is a suitable way to dissolve the existingconflicts, as far as the competitions granted by the Political Constitution to the diverse organs of constitutional relevance and to the other organs of the State. For that reason, starting off of an analysis of the normativity applicable to it, the author takes care of the competential process by the study of sentences of the Constitutional Court related to the Judicial Power, in which he tries to distinguish the supposed existing tensions between this Court and the Judicial Power.
19
artículo
Publicado 2023
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This article presents the virtues and results of the order for payment process applied in other latitudes to show that it is a process that, far from the discussion of its legal nature, manages to resolve conflicts submitted to this in a reasonable time. Then, the minor labor processes that are processed under Law No. 29497 are analyzed. It is concluded that these processes can be adapted or submitted to the order for payment process, which would allow their processing and resolution to be carried out within a reasonable time, thus achieving the speed proclaimed by the new labor procedural law.
20
artículo
Publicado 2020
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The purpose of this article is to analyze the power of communicative interaction in virtual communities, in the case of the virtual community of Facebook Ni Una Menos: Movilización Nacional Ya, from the paradigm of communication for social change. In order to achieve this objective, a qualitative methodology was applied, which consisted of field work composed of in-depth interviews with 15 members of the Facebook group, as well as the analysis of virtual contents. As a result of the analysis, it was possible to observe how the characteristics of the group, created for activism, led to the sensitive disclosure of testimonies on the web portal, around which a virtual community of support was articulated. In conclusion, this analysis evidenced the power of virtual communicative interaction for the process of individual and collective empowerment of vulnerable communities, such as wome...