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artículo
Right Wing Authoritarianism is a construct that has been widely studied in Latin America due to the adequate applicability of the scale proposed by Altemeyer. There are several published validations of the construct, and different articles that study its association with other variables. However, there is no systematic review analyzing research regarding the construct and its applicability to a cultural context such as Peru. For this reason, this article aims to review the studies published on Right Wing Authoritarianism in Peru. For this purpose, a search was carried out in the databases of Redalyc, BASE, SciELO, LA Referencia and Google Scholar. The results demonstrate a total of 26 research studies using scales to measure Right Wing Authoritarianism with different variables from 2010 to February 2023. A total of 80.8 % of the studies were carried out within the Peruvian context, 7.7 %...
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artículo
Right Wing Authoritarianism is a construct that has been widely studied in Latin America due to the adequate applicability of the scale proposed by Altemeyer. There are several published validations of the construct, and different articles that study its association with other variables. However, there is no systematic review analyzing research regarding the construct and its applicability to a cultural context such as Peru. For this reason, this article aims to review the studies published on Right Wing Authoritarianism in Peru. For this purpose, a search was carried out in the databases of Redalyc, BASE, SciELO, LA Referencia and Google Scholar. The results demonstrate a total of 26 research studies using scales to measure Right Wing Authoritarianism with different variables from 2010 to February 2023. A total of 80.8 % of the studies were carried out within the Peruvian context, 7.7 %...
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Existe mucho consenso entre estudiosos en la relación que existe entre la formación ciudadana y la gobernanza. Lo primero permite contar con una población muy conocedora de sus deberes, pero, también de sus derechos, además de las actividades, acciones a realizar para poder defender las facultades reconocidas por los Estados. La presencia de una sólida formación ciudadana contribuye en la posibilidad de participar activamente a través de los mecanismos de participación ciudadana, sociedad civil organizada en los asuntos de gobierno local, regional, central. El propósito de la presente revisión sistemática ha sido reunir información objetiva sobre la estrecha relación entre formación ciudadana y gobernanza. Se realizó una revisión sistemática en Bases de Datos EBSCO, PROQUEST, SCOPUS de artículos científicos del período comprendido entre 2018 a 2021, de acuerdo a la M...
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El estudio tuvo por objeto conocer cómo se desarrolla la gestión de los residuos sólidos en el derecho de tener un ambiente saludable de los ciudadanos. Tuvo una metodología descriptiva simple, con enfoque cualitativo en que como muestra se tuvo a 9 artículos de revista científicas indexadas de los cinco últimos años, aplicando la revisión sistemática como técnica y la guía de revisión como instrumento. Dentro de los principales resultados se encontró que, el 60% de las investigaciones indicaron la relación directa entre la gestión de los autoridades con la gestión de residuos sólidos y en la mayoría de países de Latino América todo el proceso es deficiente, por no tener herramientas administrativas para formular e implementar proyectos articuladores con las empresas y población para disminuir la contaminación con desechos sólidos, esto se suma la escasa voluntad ...
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This article focuses its analysis on the surface right in rem within the framework of the Draft of the new Peruvian Civil Code. The author seeks to update the concepts related to surface rights and to introduce the reader to the subject. In this line, he highlights the importance of this right as a legal institution that allows the construction and maintenance of buildings on the land of another owner, thus separating the ownership of the construction from the ownership of the land. The article also discusses the history of the right of superficies, its evolution and renaissance in modern civil codes, as well as its usefulness in solving the housing problem, particularly for people of limited financial means. It also examines the current legislation of the right of superficies in the Civil Code of 1936, which classifies it as a modality of usufruct. This classification is criticised by t...
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This reflective article deals with complexity and the Rights of Nature. It seeks to answer the question: How does complexity contribute to the sustenance of the Rights of Nature? For this purpose, a specialized bibliographic search was carried out. From the research it is concluded that complex thinking and the Sciences of Complexity, by being more open to epistemological and ontological diversity, by taking into account the close interrelation, interdependence and co-dependence between human beings and Nature, by highlighting from organicism the living character of the planet in cosmic relation, offer solid arguments that support the Rights of Nature. Although the Rights of Nature imply legal protection, with the State as guarantor of rights, the issue goes beyond this because what is at stake is the recognition of the intrinsic value of life in all its manifestations, beyond even senti...
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In Latin America, water governance is facing the problem of rising demand for water resources, increased hydrological variability in a context of climate change, proliferating contamination and thus —in general— increasing scarcity of water in terms of quantity, quality, and opportunity. This creates competition and conflicts among stakeholders. The issue coincides with the urgent international problem of concentration of land, which is heavily intertwined with the concentration of water in the hands of the few. Globalization and a neoliberal political climate facilitate that powerful actors accumulate water rights and volumes at the expense of less powerful water users. This paper examines some exemplary situations in Peru. It is based on literature review, reports and archival research. The paper concludes that the unfair distribution of land and water, at the expense of rural fami...
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In Peru, access to natural water sources and the rights related to them, are regulated through licenses, permits and authorizations, which are often non-transferable. In contrast with other licenses in the legal system, in order to transfer them a specific process is required.This paper analyses the characteristics of water rights and raises a revision on the specific process needed for their transfer.
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Mining concessions are subject to the fulfillment of liabilities by their owners based on ground for revocation, known as «expiration», as part of mining rights systems. The recent evolution of these liabilities and their focus as part of the conditions offered by the country for investment are analyzed by the author. To do this, the author conduct a review about the changes taken place in 1991 and 2008 mainly, as well as provides the elements to analyze the appropriateness of modifications or its flexibility. The tables used in the explanation constitutes a contribution, which were used by the author in conferences and due diligence for mining projects, as well as the consideration of both elements in the analysis of doctrine and real application of these concepts under the system of Peru.
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The labor disconnection is a right that entitles the worker to disconnect from any electronic device and avoids communication or work orders outside working hours. The objective of the study was to examine the labor right to digital disconnection in the relationship of dependence with the employer in Ecuador. The approach is qualitative, descriptive. The design is documentary. The information was collected through a bibliographic review, using scientific and academic databases, such as: Dialnet, Google Academic, Scielo, Scopus, Redalyc, among others. The results reveal that there is a violation of the labor right to digital disconnection, although there is a legal framework, there is no specific legal regulation for its application. It is concluded that, in Ecuador there is a norm that regulates digital disconnection, however, there is a lack of structure in its procedure and application...
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Water management in Ecuador has significant experience from prehistoric times to the present, where scenarios such as the recognition of ancestral conservation strategies, struggles for access and control from sectors of power, legal approaches that in the new Constitution confer the right and order of priority to water, and others. It is necessary to review compliance with the right to water in peasant and indigenous communities, which has historically been restricted, causing situations of water injustice in the communities that live in the territories where the water is born. Ecuador's legal system grants rights to nature and water, but it must also ensure the right of the population to enjoy water as a fundamental right, in a context of respect and appreciation of worldviews for their care. This article begins with a historical perspective in which changes and loss of rights are obse...
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In recent years there has been an accelerated growth in urbanization processes in different Latin American cities. The capital order is spatialized in urban scenarios that show differential ways of experiencing the city, where the relationship between space and society becomes an analytical key point to understand the current processes of social structuring. In this context, the “right to the city” bursts into the agenda of numerous sociocultural organizations and groups, in addition to becoming an argument for the design of public policies by current governments. This paper aims to reproblematize the concept of the “right to the city” by attempting to review its main backgrounds as an empirical registration of its instrumentation in local policies. For that purpose, we will refer to “urban laboratory experiences” developed by private agents within the framework of the Emergi...
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Practices that link people with communication devices can be thought of as responses to needs of social groups that give rise to different ways of doing, thinking and managing communication. In this articulation between public, media and communication policies, a way of recognizing the right to communication would express. However, the demand by which the need for communication as a right is expressed not necessarily wear out the range of possible forms of communication rights nor the ways to address them. This paper proposes to test, in the case of Argentina, the arguments supporting the idea that current policies of public communication are based upon the principles of pluralism and democracy, and also it is possible to show a variety of forms of appropriation and use of means under diverse needs. It is essential for communication policies and development of diversity to recognize the ...
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Employment flexibility and employment stability are concepts that, historically, have been found to be opposite to one another within Labor Law. It is in the middle of this context that Flexisecurity is born, being a concept that unifies the two notions with theaim of protecting both sides of the employment relationship: The employer and the employee.The authors undertake a critical review of the concept of flexisecurity based on the definition established by multinational organisms, especially the Community institutions of the European Union. To do so, they take off from the concept of “flexisecurity” and the different opinions it has raised within the Community level, always taking into account the common flexisecurity principles as they have be endeveloped by the European Commission.
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Este artículo identifica los niveles de consistencia o robustez de la legislación sobre tenencia comunitaria en Perú, Indonesia, Uganda y Mozambique a fin de formular elementos comunes y singulares que la afectan. Para ello me apoyo en estudios realizados para cada país en base a una matriz de principios, valores e indicadores desarrollada al efecto. Se analiza la legislación con una mirada interdisciplinar para valorar la robustez de los derechos de tenencia comunal. Esta tenencia que nace del derecho consuetudinario y el conocimiento tradicional luego se nutre de sus interacciones con el sistema de derecho positivo y legalista. El sistema legal positivo es resultado del proceso colonial y postcolonial y de su ideología y escala de valoración de la realidad, los mismos que aún perduras en la legislación, así como en elementos de la población. Esta ideología es fuertemente pr...
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A study is made of the regulation that considers a bancassurance operation to be one in which the financial company would enter into group insurance as a contracting party, which empowers it to market coverage among its customers, and determines how this provision implements a system of distribution of individual insurance. The work identifies the main effects on the consumer, which occur when the marketing financial institution exercises the role of contracting party; and by contrast, the advantages of regulating their roles and responsibilities as an agent and representative of the insurer, for the protection of policyholders and the centralized management of individual policies. This study is a review of the technical justification of this type of improper group insurance, in the context of the current regulatory developments of the intermediation activity.
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A study is made of the regulation that considers a bancassurance operation to be one in which the financial company would enter into group insurance as a contracting party, which empowers it to market coverage among its customers, and determines how this provision implements a system of distribution of individual insurance. The work identifies the main effects on the consumer, which occur when the marketing financial institution exercises the role of contracting party; and by contrast, the advantages of regulating their roles and responsibilities as an agent and representative of the insurer, for the protection of policyholders and the centralized management of individual policies. This study is a review of the technical justification of this type of improper group insurance, in the context of the current regulatory developments of the intermediation activity.
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This research was carried out using a qualitative methodology with a descriptive scope (Hernández Sampieri et al., 2014). In which, a documentary review of the texts of Laws 23.592, 24.515 and 25.871 from Argentina was carried out to identify strategies used to curb the circulation of false information in the media. Analyses of academic articles and reports by international bodies (IOM, IEO, UN) were also carried out. Among the most important findings we find that it is difficult to enforce the regulations in a total manner without incurring censorship cases, which means in most cases falling into a moral dilemma. The real implications include that migrants' rights should be protected from the dissemination of false information affecting them and, in turn, any accusation of censorship should be curbed; Carrying out actions that allow awareness not only to journalists and communicators, ...
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The utilitarian approach, normalized by humans as a way to relate with other non-human forms of life has led us to build a lifestyle that has generated irreparable and irreversible environmental damages. In such context, this article offers a complex view from some voices of contemporary hermeneutics about the relationship between nature and its possibility of accessing rights. For this purpose, research is divided into four sections. We initially propose a review of the links between anthropocentrism, modern law and the construction of the modern subject’s identity. Next, an interpretation of the search and production of knowledge as an activity capable of causing destructive effects to the environment is offered in relation to the previous ideas. Then, such perspective is complemented by a reflection on the myth of scientific objectivism, as a homogenizing attitude that colonizes dif...