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1
artículo
El presente artículo se centra en la interacción entre los derechos fundamentales a la protección de los datos personales y a la protección de la salud, en el marco de la lucha contra el covid-19 en el Perú. Se inicia el estudio con el desarrollo constitucional de tales derechos, para luego revisar sus respectivas normas legales, teniendo como objetivo esclarecer una de las herramientas básicas que permiten superar los conflictos que se presenten entre ambos en la presente circunstancia de emergencia nacional por el covid-19, concerniente al consentimiento para el tratamiento de datos personales. Adicionalmente, se estudiarán dos casos de tratamiento de datos personales en acciones de prevención del covid-19, que evidencian la pacífica coexistencia entre los derechos constitucionales y los intereses surgidos de la actual situación sanitaria. This paper focuses on interaction be...
2
artículo
Is there a correspondence or affinity between the juridicalprincipiological and factual-economical conceptions for the effective protection of the consent of the holder of personal data when hiring in a network?Under the mantle of the present question, it aims to analyze the contemporary contractual scenario under the perspective of the privacy policy and the Brazilian General Data Protection Law (LGPD). In this context, it is proposed a skeptical reflection on the principles and economic guidelines defended by law and doctrine to verify if the consent is an instrument of real effectiveness to the tutelage of the subjects in network. The first topic concerns the conceptual and conceptual analysis of consent in the LGPD and in the specialized doctrine. The second topic deals with the limited rationality of the users of the network services in understanding the dispositions in the pol...
3
artículo
Is there a correspondence or affinity between the juridicalprincipiological and factual-economical conceptions for the effective protection of the consent of the holder of personal data when hiring in a network?Under the mantle of the present question, it aims to analyze the contemporary contractual scenario under the perspective of the privacy policy and the Brazilian General Data Protection Law (LGPD). In this context, it is proposed a skeptical reflection on the principles and economic guidelines defended by law and doctrine to verify if the consent is an instrument of real effectiveness to the tutelage of the subjects in network. The first topic concerns the conceptual and conceptual analysis of consent in the LGPD and in the specialized doctrine. The second topic deals with the limited rationality of the users of the network services in understanding the dispositions in the pol...
4
artículo
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...
5
artículo
The research carried out is of a social legal nature, of a descriptive-exploratory and dogmatic-juridical nature. Anonymous questionnaires (17 multiple choice and dichotomous questions) were applied to 341 participants, including trial lawyers in family violence, public defenders, magistrates and family court clerks, lawyers for the Women's Emergency Center (Tacna) and family prosecutors (holders and deputies). Likewise, a document analysis sheet was applied to collect data on 338 resolutions of hearings on protection measures in family violence processes. The investigation sought to determine the effectiveness of the protection measures granted to victims who denounce family violence before family courts of the Superior Court of Justice of Tacna (CSJT). Based on the results of the survey conducted and the review and analysis of the judicial resolutions, it was concluded that the protect...
6
artículo
The article offers an overview of the process of elaboration of the Peruvian National Human Rights Plan 2018-2021, as well as the innovations that this Plan offers when compared to its predecessor. On the other hand, the paper analyzes the conceptual and methodological pillars on which the Plan is built, assesses the guidelines from which the strategic actions directed towards groups of special protection are derived.
7
artículo
Through this work, we want to call for reflection to all legal operators involved in the issue of children and adolescents under 14 years of age who come into conflict with the criminal law by having committed unlawful acts. We notice the lack of clear and precise rules that allow us to determine what is the most suitable and adequate protection measure for this child population. Similarly, , we intend to promote a healthy debate on what is the purpose of the tutelary processes that are established for this purpose, since at the beginning we consider that these tutelary are different from the processes that are established for reasons of abandonment.
8
artículo
Through this work, we want to call for reflection to all legal operators involved in the issue of children and adolescents under 14 years of age who come into conflict with the criminal law by having committed unlawful acts. We notice the lack of clear and precise rules that allow us to determine what is the most suitable and adequate protection measure for this child population. Similarly, , we intend to promote a healthy debate on what is the purpose of the tutelary processes that are established for this purpose, since at the beginning we consider that these tutelary are different from the processes that are established for reasons of abandonment.
9
artículo
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.
10
artículo
Social dialogue is an essential component of democracy and therefore the importance of the link between freedom and pluralism of information on the one hand and the autonomy of the Judiciary on the other: both at the service of a productive social dialogue of democratic participation in procedural issues must be analyzed. The right to information is the right to understand, not only under the traditional liberal viewpoint but under the perspective rooted in the Constitution, that is, the right to information is an instrument to ensure participation of citizens in the management of public interest, a right that is designed to guarantee the protection of individuals in the face of power
11
artículo
Social dialogue is an essential component of democracy and therefore the importance of the link between freedom and pluralism of information on the one hand and the autonomy of the Judiciary on the other: both at the service of a productive social dialogue of democratic participation in procedural issues must be analyzed. The right to information is the right to understand, not only under the traditional liberal viewpoint but under the perspective rooted in the Constitution, that is, the right to information is an instrument to ensure participation of citizens in the management of public interest, a right that is designed to guarantee the protection of individuals in the face of power
12
tesis de grado
La presente investigación partió del problema ¿Es posible que los jueces de familia dentro de sus facultados tuitivas puedan aplicar la carga probatoria dinámica en los procesos de familia? Y el objetivo fue: Explicar si los jueces de familia dentro de sus facultados tuitivas puedan aplicar la carga probatoria dinámica en los procesos de familia. La técnica que se empleó fue la encuesta y el instrumento fue el cuestionario. La población estuvo conformada por 80 abogados litigantes. El diseño que se empleo fue el no experimental de tipo correlacional. Para el análisis estadístico se usó la estadística descriptiva, para el estudio de las variables en forma independiente y para demostración de las hipótesis se usó la estadística inferencial no paramétrica chi cuadrado (x2).Si es posible que los jueces de familia puedan aplicar la carga probatoria dinámica ello debido a qu...
13
artículo
This is a comment about the situation of the children without parental care, who live institutionalized in the Residential Care Centers, for long periods of time, because their processes of Tutelary Research are not solved. When the children and teenagers cannot return to a family environment, their rights are infringed, especially the right to live in a family environment that contributes to their protection, development and wellbeing. It is an analysis created out of a job  experience, about the situation lived by many children, even since they are born, to whom the system usually does not prioritize the resolution for their legal situation.
14
artículo
This is a comment about the situation of the children without parental care, who live institutionalized in the Residential Care Centers, for long periods of time, because their processes of Tutelary Research are not solved. When the children and teenagers cannot return to a family environment, their rights are infringed, especially the right to live in a family environment that contributes to their protection, development and wellbeing. It is an analysis created out of a job  experience, about the situation lived by many children, even since they are born, to whom the system usually does not prioritize the resolution for their legal situation.
15
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...
16
artículo
In recent times there has been a great increase in the production of refined lead through the recycling of lead acid batteries. Their ease of collection and high reuse rates represent a sustainable alternative, only if they are carried out in a proper way. If an environmental framework is not established to ensure adequate preservation of natural resources and protection of human health, their use would not be sustainable. In this context, this study established an environmental risk analysis in all stages of the lead acid battery recycling process in order to identify possible environmental risk scenarios. The study was carried out under the methodology based on the UNE 150006-2008 standard. The results obtained reveal that at a global level there is a moderate environmental risk with a characterization of 57.5%, however, with respect to the human environment, a significant risk of 68% ...
17
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...
18
artículo
In the current context of Law there is an overwhelming reality called the new Constitutionalism, a complex phenomenon that radiates to all legal systems that are part of the Anglo-Saxon, Romanic, Germanic, Islamic, etc. legal systems. The aforementioned legal reality obliges the public bodies to give valid reasons so that they can decide intersubjective conflicts, legal uncertainties, protection of constitutional rights, criminal offenses and others that require solution, therefore, there is a high demand for legal argumentation by of the justiciables. Legal argumentation is important, as it constitutes a further requirement for the aforementioned phenomenon to be witnessed, because it takes care of the construction of the syllogism, gives validity to the fundamentals used and finally persuades a specific audience under certain previous rules, that is, it passes from the individual to th...
19
artículo
The actual existence of cyanide in very significant environmental catastrophes indicates that the cyanide management in the mining operation must be improved. Specifically, disposing right standard in the design and the construction of tailing disposals, water managing, qualification and training labor, fauna protection and the good operation of the systems of warning and emergency, all are areas of high-priority attention. The main reasons of the environmental incidents in the mining operations comes from poor design of management of process waters, the design and the construction and maintenance of tailing disposals, in addition to the frequent accidents in the cyanided pulp transport. In the present investigation, we try to get a cyanide layout of the gold and silver recovery process in the plant of processes of Orcopampa of Buenaventura Company of mines, In order to get it we have sa...
20
artículo
The actual existence of cyanide in very significant environmental catastrophes indicates that the cyanide management in the mining operation must be improved. Specifically, disposing right standard in the design and the construction of tailing disposals, water managing, qualification and training labor, fauna protection and the good operation of the systems of warning and emergency, all are areas of high-priority attention. The main reasons of the environmental incidents in the mining operations comes from poor design of management of process waters, the design and the construction and maintenance of tailing disposals, in addition to the frequent accidents in the cyanided pulp transport. In the present investigation, we try to get a cyanide layout of the gold and silver recovery process in the plant of processes of Orcopampa of Buenaventura Company of mines, In order to get it we have sa...