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1
artículo
Publicado 2020
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The creation of legal entities or institutions —instrumental entities of the government administration— to implement a change in the system of the activities assigned to the government administration, is aimed at eluding the administrative law thereby, making the state’s responsibility unviable. However, this distorts the very reason for the existence of the state’s public entities, since it makes no sense to exempt the State from responsibility when the activity that causes the damage has been placed by it, in the hands of a third person who exercises it. Facing this, and considering that a society that fails to recognize that the government administration must meet the general objectives subject to the full extent of the law, «or that recognizing it, adds observations or exceptions thereto, does not truly live under a system of rule of law» (Duguit), the «communicability» o...
2
artículo
Publicado 2020
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The creation of legal entities or institutions —instrumental entities of the government administration— to implement a change in the system of the activities assigned to the government administration, is aimed at eluding the administrative law thereby, making the state’s responsibility unviable. However, this distorts the very reason for the existence of the state’s public entities, since it makes no sense to exempt the State from responsibility when the activity that causes the damage has been placed by it, in the hands of a third person who exercises it. Facing this, and considering that a society that fails to recognize that the government administration must meet the general objectives subject to the full extent of the law, «or that recognizing it, adds observations or exceptions thereto, does not truly live under a system of rule of law» (Duguit), the «communicability» o...
3
artículo
Publicado 2014
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Objective: Determine the legal limitations of the Procurement Law of the State and its Rules of Procedure adopted by the Legislative Decree N° 1017 prevent the participation of the MYPES District of Tacna in state procurement. Methods: Once you have reviewed the theory, information provided in the Procurement Law of the State and its Regulation has been confronted with the reality the MYPES 373 microentrepreneurs. It has formulated a series of questions according to the indicators, variables, to determine the incidence of the MYPES in state procurement. For this purpose has been considered the application of the questionnaire and documentary analysis, which was applied to the given sample size, it is proceeded to the tabulation, processing, the results were analyzed and interpreted both descriptive and statistically. Results: After the phase of analysis and interpretation of results, a ...
4
artículo
Publicado 2014
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Objective: Determine the legal limitations of the Procurement Law of the State and its Rules of Procedure adopted by the Legislative Decree N° 1017 prevent the participation of the MYPES District of Tacna in state procurement. Methods: Once you have reviewed the theory, information provided in the Procurement Law of the State and its Regulation has been confronted with the reality the MYPES 373 microentrepreneurs. It has formulated a series of questions according to the indicators, variables, to determine the incidence of the MYPES in state procurement. For this purpose has been considered the application of the questionnaire and documentary analysis, which was applied to the given sample size, it is proceeded to the tabulation, processing, the results were analyzed and interpreted both descriptive and statistically. Results: After the phase of analysis and interpretation of results, a ...
5
artículo
The paper analyzes U.S. jurisdiction, highlighting how courts assume jurisdiction in disputes involving citizens or entities of other countries. In the U.S. system, jurisdiction depends on the State where the dispute occurs, which often requires the intervention of courts in different States or countries. In this regard, the two classic methods of securing jurisdiction are explained: on the one hand, “in personam” jurisdiction, which refers to jurisdiction over persons; on the other, “in rem” jurisdiction, which deals with property within the state; and, as a third and developing basis, “quasi in rem” jurisdiction, used in some exceptional cases, is discussed. Finally, the importance of “due process” in ensuring fairness in trials is noted, and the doctrine of “forum non conveniens,” which allows courts to dismiss cases for convenience if another forum is more appropr...
6
artículo
The author of this article details how we would state responsibility of the state in cases of error, for which develops the figure within the public sphere. In that sense, the deeper the scope and types of regulated responsibilities, according to the study carried out it comes. Subsequently, a detailed analysis of the contractual and extra-contractual responsibility of the state in various situations within the field of public management is done. Finally, assumptions configuration of different types of state responsibility develops.
7
artículo
Compensation for damages due to erroneous administration of justice in Chile has two regimes available to the victim. The first is of a special and restricted nature, as it is only applicable in criminal proceedings for manifestly erroneous or arbitrary actions, and has a constitutional and legal basis. The other, created by case law, considering rules of civiland administrative law, constitutes the general regime. This article analyzes both avenues for obtaining compensation, with special emphasis on theinstitution involved in the origin of the damage. The main rulings of Chilean courts are used as guides, which reflect the shift from a personalist conception, based on the idea of “judicial error”, to a functionalist approach, based on the notion of error in the administration of justice.
8
artículo
Taking risks: Norm, law and participation in the neoliberal state This paper explores the shifting forms of authority and force assigned to law in neoliberalism, and its consequences for what «counts» as political life. I look first at how law is invoked historically in a recounting of two moments in the history of an important agrarian cooperative in Cusco; and then in more detail at the flexible and contested understandings of norm and risk that circulate in a district level participatory budgeting process. In these two examples—taken from periods bridging two distinct moments in the articulation of political life and state form in Peru—law emerges not as a transcendent force or expression of the State’s will, but rather as a space in which local actors experiment with diverse understandings of development and the common good. In this sense, then, I argue that «law» shapes lo...
9
artículo
Publicado 2020
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In this study the challenges of the American region in terms of reception and regulatoryhierarchy of international treaties in the Internal Law of States are argued. To do this,using the legal-doctrinal analysis method, the theoretical references on treaties and theirrelationship with Internal Law are systematized. Likewise, the current status of thereception and regulatory hierarchy of treaties in the constitutions of 21 American Statesis analyzed.
10
artículo
Publicado 2020
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In this study the challenges of the American region in terms of reception and regulatory hierarchy of international treaties in the Internal Law of States are argued. To do this, using the legal-doctrinal analysis method, the theoretical references on treaties and their relationship with Internal Law are systematized. Likewise, the current status of the reception and regulatory hierarchy of treaties in the constitutions of 21 American States is analyzed.
11
artículo
Publicado 2020
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Este ensayo analiza la jurisprudencia del Tribunal Constitucional del Perú acerca de la negación del control constitucional difuso por la administración pública (Sentencia del expediente 04293-2012-PA/TC /Caso Consorcio Requena). Dicha decisión cambia el precedente vinculante del Tribunal Constitucional (expediente 3741-2004-PA/TC) por el que todo juzgado u órgano colegiado de la administración pública tenía el deber de preferir la Constitución frente a una disposición infra constitucional. Conforme a una interpretación de la Constitución no solo el Poder Judicial ejerce función jurisdiccional, sino otros entes públicos que ejercen función administrativa, pues ostentan potestades para decidir conflictos intersubjetivos planteados por los administrados y tienen atribuciones para imponer sanciones y limitar derechos, con autoridad de cosa decidida.
12
artículo
Publicado 2023
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This article begins with a study of two judicial disputes related to land ownership, which were led by peasants from the Huanta highlands, in the Ayacucho region in Peru. Based on the hermeneutic analysis of the judicial records of the disputes, it argues that these peasants intervened in the lawsuits stimulated by their experience from the independence war and the caudillista conflicts of the 19th century, developing a moral argument that served as a combat weapon to thwart the opponent in the courts and achieve the claim. In this way, they participated in the process of the formation of the republican State, prolonging the violence of war to earlyrepublican law and justice.
13
artículo
Publicado 2025
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This paper seeks to answer the question of the current state of multiculturalism in relation to Indigenous Law as a legal system in Mexico. In this context, the model of diversity management—multiculturalism—has been reflected, among other policies, in amendments to the Mexican Constitution concerning indigenous peoples and their legal systems. Despite representing progress in the recognition and treatment of cultural complexity, these amendments have not yet served as an effective channel to position, articulate, or visualize Indigenous Law as a genuine legal system. This is because the State continues to determine its scope, meaning, interpretation, and application. Therefore, given the limited outcomes in this area, it is possible to speak of a crisis of multiculturalism in this regard, since instead of addressing the reality, validity, and enforceability of Indigenous Law, it has...
14
artículo
Publicado 2025
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This paper seeks to answer the question of the current state of multiculturalism in relation to Indigenous Law as a legal system in Mexico. In this context, the model of diversity management—multiculturalism—has been reflected, among other policies, in amendments to the Mexican Constitution concerning indigenous peoples and their legal systems. Despite representing progress in the recognition and treatment of cultural complexity, these amendments have not yet served as an effective channel to position, articulate, or visualize Indigenous Law as a genuine legal system. This is because the State continues to determine its scope, meaning, interpretation, and application. Therefore, given the limited outcomes in this area, it is possible to speak of a crisis of multiculturalism in this regard, since instead of addressing the reality, validity, and enforceability of Indigenous Law, it has...
15
artículo
The Peruvian government enacted a new law granting consultation rights to indigenous peoples as a mechanism to enhance social inclusion in the country. The law generated debates about the criteria to identify indigenous population in the Andean region. Why does this law have problems granting consultation rights to Andean people? This paper aims to answer the question by reviewing historically the different Andean identities and analyzing the current international debate on indigenity. Our main argument is that the government intrying to apply the law is structuring a restrictive model that is hardlyable to grasp the complexity and dynamism of Andean identities.
16
artículo
Publicado 2014
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Objective: Determine the legal limitations of the Procurement Law of the State and its Rules of Procedure adopted by the Legislative Decree N° 1017 prevent the participation of the MYPES District of Tacna in state procurement. Methods: Once you have reviewed the theory, information provided in the Procurement Law of the State and its Regulation has been confronted with the reality the MYPES 373 microentrepreneurs. It has formulated a series of questions according to the indicators, variables, to determine the incidence of the MYPES in state procurement. For this purpose has been considered the application of the questionnaire and documentary analysis, which was applied to the given sample size, it is proceeded to the tabulation, processing, the results were analyzed and interpreted both descriptive and statistically. Results: After the phase of analysis and interpretation of results, a ...
17
artículo
Publicado 2017
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In this article the author analyzes the sterility of so-called Criminal Law Symbolic and the ineffectiveness of one of its recurring expressions in our reality, as is the declaration of a state of constitutional emergency, to fight crime, apropos of the recent experience lived in the Province Constitutional Callao, and highlights the misuse of a repressive, vindictive and devoid of reasonable criminal policy; in order to conclusively reaffirm the ethical duty and constitutional obligation of every democratic state and right criminological design and implement a policy respecting the dignity of the human person is effective to control and reduce crime.
18
artículo
Publicado 2006
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This paper examines the political and criminal implications of Jakobs' recent conception of the Peruvian judicial system within a state where the Constitution is the supreme rule. The analysis highlights the shortcomings of Jakobs' thesis of positive general prevention in relation to the function of criminal law in our legal system. The article argues that Jakobs' approach disregards important constitutional principles and fails to consider fundamental rights that protect individuals from excessive use of punitive power by the State. This can lead to a dangerous weakening of the role of the courts. Consequently, this would undermine the functions of judicial operators and increase the power of the criminal legislator, which is not in line with the principles of a democratic state.
19
artículo
Publicado 2021
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The investigation consisted of demonstrating methodologically that it is possible to develop the aeronautical maintenance industry within the Peruvian Navy (MGP) by means of a novel undertaking in the field of business management within the MGP, that is to say, the design of a state-owned enterprise (SOE) subject to private law that allows the growth of the aeronautical sector within a legal framework that helps achieve a balance between efficiency and effectiveness. The analysis of the current situation of aeronautical maintenance in the MGP identified that it is not taking advantage of potentialities in human and certified materials (capability). Therefore, the application of administrative theories will make it possible to optimize the management process, generating greater competitiveness and profitability. The correlational descriptive method was used through the application of surv...
20
artículo
Publicado 2016
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The author makes an inquiry into the evolution of the State as a product of what is known as the Modern State. The study focuses on the historical and legal aspects of the concept of the Rule of Law as a product of the Modern State, in order to analyze the construction and institutionalization of a system of asset liability of the State.
