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1
artículo
Publicado 2016
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The Peruvian constitutional justice has established that the resolutions of the JNE can be revised when they affect fundamental rights; being that the appropriate mechanism is the process of amparo; however, its use has not been effective, given that there are few cases in which it has repaired the violated right and most of the time ends up determining responsibility of the authorities that violate these rights; hence the need to assess the possibility of establishing an electoral amparo with procedures and instances different from the classic amparo.
2
artículo
Publicado 2016
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The Peruvian constitutional justice has established that the resolutions of the JNE can be revised when they affect fundamental rights; being that the appropriate mechanism is the process of amparo; however, its use has not been effective, given that there are few cases in which it has repaired the violated right and most of the time ends up determining responsibility of the authorities that violate these rights; hence the need to assess the possibility of establishing an electoral amparo with procedures and instances different from the classic amparo.
3
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...
4
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...
5
artículo
Publicado 2023
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El artículo analiza la tutela jurisdiccional efectiva en el proceso contencioso administrativo peruano, centrándose en un nuevo precedente vinculante de la Corte Suprema de Justicia. Para dicho fin, se abordan problemas y soluciones, como la igualdad de regulaciones sectoriales y la prohibición de incorporar argumentos de derecho distintos en sede administrativa. Se destaca la importancia de interpretar el proceso contencioso administrativo para efectivizar los derechos de los administrados. Se enfatiza el deber de los jueces de garantizar el debido procedimiento administrativo y se propone una interpretación sistemática de la limitación de presentación de medios probatorios.
6
artículo
Publicado 2023
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El artículo analiza la tutela jurisdiccional efectiva en el proceso contencioso administrativo peruano, centrándose en un nuevo precedente vinculante de la Corte Suprema de Justicia. Para dicho fin, se abordan problemas y soluciones, como la igualdad de regulaciones sectoriales y la prohibición de incorporar argumentos de derecho distintos en sede administrativa. Se destaca la importancia de interpretar el proceso contencioso administrativo para efectivizar los derechos de los administrados. Se enfatiza el deber de los jueces de garantizar el debido procedimiento administrativo y se propone una interpretación sistemática de la limitación de presentación de medios probatorios.
7
artículo
Publicado 2021
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The use of pit and fissure sealants in the area of pediatric dentistry has been very helpful as a preventive measure to avoid carious lesions generally given in the occlusal area of the first permanent molars erupted. These sealants have had constant variations over time, however, the most used are resinous sealants. These types of sealants are mainly classified in polymerization, viscosity and translucency. As dentistry has advanced, they have been divided into two groups (hydrophobic and hydrophilic), both with different characteristics, but with the same purpose, to provide a protective barrier between extrinsic factors and the tooth. However, when in contact with different elements such as humidity, carbohydrates and saliva, as well as having a bad application on the pits and fissures, these tend to fail and begin to present diverse problems such as microfiltration, retention failu...
8
artículo
Publicado 2019
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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...
9
artículo
Publicado 2019
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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...
10
artículo
Publicado 2019
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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...
11
artículo
The purpose of the precautionary measure focuses on the search to ensure that the procedural deadlines linked to any type of process do not affect the holder of a legal situation, so there is the possibility of resorting to the precautionary process.In this scenario, there is a need to adequately verify the requirements that make up a request for a precautionary measure, so this article aims to specify what are the requirements to invoke this type of protection. Therefore, the method used was descriptive, so we proceeded to explain the elements that make up this legal institution, as well as to detail its characteristics and its connection with other types of protection contemplated in our national system.At the end of this work, it was possible to conclude that the performance of the precautionary measure must always be oriented to safeguard the future ruling within the main proceeding,...
12
artículo
Publicado 2017
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This article will analyze the grounds of inadmissibility of the amparo process established in paragraph 1 of article 5 of the Peruvian Constitutional Procedural Code. The essential features of the amparo process and the grounds of inadmissibility will be briefly presented. Likewise, reference will be made to doctrinal divergences to define the constitutional content and will be explained by the fact that according to the Fourth Final and Transitional Provision of the Constitution and Article V of the Preliminary Title of the Constitutional Procedural Code, it is possible to configure the constitutional content of a right such as it has done in Constitutional Court of Peru in several cases.
13
artículo
Publicado 2015
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Objective: This research was conducted in order to determine the effectiveness of measures to protect children and adolescents that are issued in the Family Court of the Superior Court of Justice of Tacna, on child abuse, 2009-2010.Para it was established the following hypothesis: In the Family Court of the Superior Court of Justice of Tacna, measures to protect children and adolescents that are issued are ineffective to counter child abuse in the district Tacna 2009- 2010. Method: The research is a form of applied research, because it is aimed at the application of knowledge to the solution of a problem, as confronting theory with reality. It is also a kind of Socio Legal Research by the facts and relations of social order regulated by legal norms are studied and why is to determine the effectiveness of measures to protect children and adolescents that are issued in the Family Courts Su...
14
artículo
Publicado 2015
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Objective: This research was conducted in order to determine the effectiveness of measures to protect children and adolescents that are issued in the Family Court of the Superior Court of Justice of Tacna, on child abuse, 2009-2010.Para it was established the following hypothesis: In the Family Court of the Superior Court of Justice of Tacna, measures to protect children and adolescents that are issued are ineffective to counter child abuse in the district Tacna 2009- 2010. Method: The research is a form of applied research, because it is aimed at the application of knowledge to the solution of a problem, as confronting theory with reality. It is also a kind of Socio Legal Research by the facts and relations of social order regulated by legal norms are studied and why is to determine the effectiveness of measures to protect children and adolescents that are issued in the Family Courts Su...
15
artículo
Publicado 2015
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Objective: This research was conducted in order to determine the effectiveness of measures to protect children and adolescents that are issued in the Family Court of the Superior Court of Justice of Tacna, on child abuse, 2009-2010.Para it was established the following hypothesis: In the Family Court of the Superior Court of Justice of Tacna, measures to protect children and adolescents that are issued are ineffective to counter child abuse in the district Tacna 2009- 2010. Method: The research is a form of applied research, because it is aimed at the application of knowledge to the solution of a problem, as confronting theory with reality. It is also a kind of Socio Legal Research by the facts and relations of social order regulated by legal norms are studied and why is to determine the effectiveness of measures to protect children and adolescents that are issued in the Family Courts Su...
16
artículo
Publicado 2020
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The purpose of this work is to make a specific decision regarding the convening use used by the judge of first instance when ruling cases in constitutional matters (10 sentences of amparo process). For this purpose, a journey of main ideas is made about internally headquartered conventionality and its expressions of judicial use.
17
artículo
Publicado 2016
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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.
18
artículo
Publicado 2016
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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.
19
artículo
Publicado 2019
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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...
20
artículo
Publicado 2019
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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...