Tópicos Sugeridos dentro de su búsqueda.
Tópicos Sugeridos dentro de su búsqueda.
Buscar alternativas:
system litigation » system integration (Expander búsqueda), systems irrigation (Expander búsqueda), system simulation (Expander búsqueda)
system litigation » system integration (Expander búsqueda), systems irrigation (Expander búsqueda), system simulation (Expander búsqueda)
1
artículo
Publicado 2023
Enlace
Enlace
The author considers that the ordinary administrative litigation process is not the best way to manage the controversies that relate to pensioners and workers of the public labor regime. Therefore, it proposes that, like the laudable restructuring in the civil justice system, based on the experience of the New Labor Procedure Law, the oral process by hearings be adopted through the intensive use of information and communication technologies, and that the competences of the recurring cases be redistributed, easy, less complex and amount, to the justices of the peace lawyer, taking into account the food nature of such claims and the urgency in their resolution, until our procedural system incorporates them legislatively.
2
artículo
Publicado 2023
Enlace
Enlace
The collapse of the judicial system in Spain has led to an incessant search for procedural instruments that favor the resolution capacity of judges and magistrates. To this end, the Draft Law on Procedural Efficiency Measures of the Public Justice Service contemplates, among other aspects, the implementation in the social jurisdiction of the socalled witness lawsuit. This is a figure designed to expedite proceedings that are objectively identical, so that only one of them is processed. The rest of the proceedings are suspended until the resolution of the lawsuit that has served as a witness or guide. This paper analyzes the legal configuration of this mechanism, which is related to essential aspects of the labor process and the right to effective judicial protection.
3
artículo
Publicado 2023
Enlace
Enlace
The collapse of the judicial system in Spain has led to an incessant search for procedural instruments that favor the resolution capacity of judges and magistrates. To this end, the Draft Law on Procedural Efficiency Measures of the Public Justice Service contemplates, among other aspects, the implementation in the social jurisdiction of the socalled witness lawsuit. This is a figure designed to expedite proceedings that are objectively identical, so that only one of them is processed. The rest of the proceedings are suspended until the resolution of the lawsuit that has served as a witness or guide. This paper analyzes the legal configuration of this mechanism, which is related to essential aspects of the labor process and the right to effective judicial protection.
4
artículo
Publicado 2015
Enlace
Enlace
In recent years, we have seen that the adversarial system has shaped the criminal process in various Latin American countries. This fact leads us to question what are the characteristics of this system, what are the benefits in comparison with the inquisitorial system and which is the method of teaching to which the different procedural actors are exposed.In this article, the author develops in a comprehensive manner the main features of the inquisitorial system and the changing paradigm in Latin American towards the adversarial system, and then explains the influence of this system on the trial lawyer. In addition, it addresses the theory of the case as a methodology that allows to adopt strategic decisions and improve the professional performance of the litigant. Finally, the author explains the necessity of an educational reform asa step in the reform of criminal proce...
5
artículo
Publicado 2019
Enlace
Enlace
Any reform in the justice system will have a transitional period, in which new models and procedural mechanisms will be revived, attitudes and new conduct in oral litigation will be adapted that will not only result in the success of the claim and protection of rights, but will make the process more agile, fast, transparent and effective, as is the case with the pilot plan implemented in the Superior Court of Justice of Arequipa, and it is through process management by audiences that the current system of the written process is being changed.
6
artículo
Publicado 2017
Enlace
Enlace
The insolvency system in Peru, besides having a private nature, has a sui generis administrative nature governed by the Insolvency Law, hence being supervised by the Indecopi. It is so that the later and the Judicial Power have a constant relationship that, if not properly regulated and developed, can cause negative consequences and disincentives on privats.The author develops the aforementioned relationship through a historical account and, a development of the elements of its interaction. He focuses on the administrative litigation process and on its main basis, the right to effective judicial protection. On the other hand, it raises options of “temporary” solution to the determined challenges, due to the sui generis administrative nature of this system, to generate transparency and predictability in it.
7
artículo
Publicado 2016
Enlace
Enlace
This article addresses the relationship between the Process and the Constitution. For this purpose, it is explained what is the object of study of the Procedural Law, and which is the litigation model adopted in article 139 of the Peruvian Constitution, why this model is about a system with its own autonomy and substantivity and not about a subsystem, and how Civil Law and Common Law converging in this model. Furthermore, the author establishes, based on the Constitution, the reason why the existing procedural guarantees in our legal system do not imply a “right to a right decision”, but only the right to a fair process, and explains the difference between “fair process” and “justice” or “judicial truth”.
8
artículo
The system of precautionary measures in both Nicaraguan constitutional and administrative justice has been based on the traditional suspension of the administrative act, without taking into account that, for example, in administrative inactivity there is no act to suspend, but it has not been regulated as part of effective judicial protection, approved in the recent constitutional reforms, proper to due process and minimum procedural guarantees. This closed system has lagged behind in relation to the open nature of numerus apertus, of unnamed measures, foreseen in Spanish, Colombian comparative law, among others, above all in the regulation of the concurrence of causes of the danger of legal harm by the delay of the final judgment (periculum in arrears) and the fumus bonis iuris or appearance of the good right. In this context, before the approval of a new Nicaraguan administrative l...
9
artículo
Publicado 2024
Enlace
Enlace
This paper analyzes the case of the Brumadinho disaster, occurred in Brazil in 2019, which caused the death of 272 people, in addition to serious environmental damage. The Brazilian collective process system, formed predominantly by public institutions, responds with the prompt prosecution of collective actions, which resulted, in a period of two years, in three collective agreements. This article analyzes, through bibliographical research and primary data, the elements of the Brazilian collective litigation model that contributed to the success of the case and how they could serve as inspiration for other countries.
10
artículo
Publicado 2021
Enlace
Enlace
There is some conceptual or essential difference between principles and procedural rules, and if any, should also be given on the principles and rules governing the confirmatory activity, and often confused doctrine has to treat the area of general process theory. That is why we propose in this paper to identify those that doctrine called "early evidence" or "general principles of judicial proof" in order to be achieved by proper conceptualization, identify if we have a procedural rule or to the particular application of a procedural principle. Also discuss some claims that under the guise of a probationary linguistic principle actually hide an ideological preference or axiological incompatible with the procedural system devised by the Constitution, due process embodied in the International Covenants, if not with the reality of the phenomenon procedural.
11
artículo
Publicado 2020
Enlace
Enlace
The Peruvian republican legal stile has influenced the Spanish and French legal tradition. It was characterized by the formal and textual Justice. Rather, the new legal style is changing the old paradigm and it proposes oral litigation. Now this influences the framework of the Civil Justice. This recent change means adopting the principles of immediacy and the central role of the judge to guide the process. Consequently, this new perspective requires the reorganization of the judicial office and new standards in the Legal Process. The behavior of public officials and lawyers is changing. Some benefits come with this new legal model, for example, it serves to end a judicial dispute in a short time. The orality in a Civil Justice is a new experience: the initiative has been carried out by civil judges, they have not waited for the executive or legislative branch to modify the Civil Procedu...
12
artículo
Publicado 2020
Enlace
Enlace
The Peruvian republican legal stile has influenced the Spanish and French legal tradition. It was characterized by the formal and textual Justice. Rather, the new legal style is changing the old paradigm and it proposes oral litigation. Now this influences the framework of the Civil Justice. This recent change means adopting the principles of immediacy and the central role of the judge to guide the process. Consequently, this new perspective requires the reorganization of the judicial office and new standards in the Legal Process. The behavior of public officials and lawyers is changing. Some benefits come with this new legal model, for example, it serves to end a judicial dispute in a short time. The orality in a Civil Justice is a new experience: the initiative has been carried out by civil judges, they have not waited for the executive or legislative branch to modify the Civil Procedu...
13
artículo
Publicado 2016
Enlace
Enlace
This article addresses the relationship between the Process and the Constitution. For this purpose, it is explained what is the object of study of the Procedural Law, and which is the litigation model adopted in article 139 of the Peruvian Constitution, why this model is about a system with its own autonomy and substantivity and not about a subsystem, and how Civil Law and Common Law converging in this model. Furthermore, the author establishes, based on the Constitution, the reason why the existing procedural guarantees in our legal system do not imply a “right to a right decision”, but only the right to a fair process, and explains the difference between “fair process” and “justice” or “judicial truth”.
14
artículo
This paper analyzes the case of the Brumadinho disaster, occurred in Brazil in 2019, which caused the death of 272 people, in addition to serious environmental damage. The Brazilian collective process system, formed predominantly by public institutions, responds with the prompt prosecution of collective actions, which resulted, in a period of two years, in three collective agreements. This article analyzes, through bibliographical research and primary data, the elements of the Brazilian collective litigation model that contributed to the success of the case and how they could serve as inspiration for other countries.
15
artículo
Publicado 2025
Enlace
Enlace
General principles play a fundamental role in our legal system. From these principles, it is possible to deduce a series ofrules that allow for the construction of a coherent legal system inspired by common values. Under this perspective, principles also enable the interpretation of rules that are subsequently incorporated into the system, harmonizing their meaning and application according to their own guidelines. All of this results in jurisprudential decisions with greater argumentative solidity, coherence and predictability. Thus, in the procedural realm, principles provide a value-based background that must be compatible with the objectives of the process. The administrative litigation process is no exception, which is why it is necessary to delve deeper into the study of the principles recognized in the Law that Regulates the Administrative Litigation Process. Through this article,...
16
tesis de grado
Publicado 2022
Enlace
Enlace
La presente investigación tiene como propósito analizar si la aplicación de la Plena Jurisdicción en un Proceso Contencioso Administrativo coadyuvaría asegurar la tutela judicial efectiva; para tal efecto, se optó por desarrollar una metodología de investigación de tipo básico con enfoque cualitativo, en virtud que, la información obtenida producto de las entrevistas realizadas a especialistas en la materia y el análisis documental de pronunciamientos jurisdiccionales, fue objeto de discusión a efectos de deliberar una cuestión mera de derecho que se refleja en los objetivos y respuestas a la problemática de investigación, asimismo, dada a la naturaleza jurídica, se desarrolló bajo el diseño de investigación no experimental en la modalidad transversal. De los resultados obtenidos, se advirtió posturas a favor y en contra de la efectividad de la aplicación de Plena Ju...
17
artículo
The system of precautionary measures in both Nicaraguan constitutional and administrative justice has been based on the traditional suspension of the administrative act, without taking into account that, for example, in administrative inactivity there is no act to suspend, but it has not been regulated as part of effective judicial protection, approved in the recent constitutional reforms, proper to due process and minimum procedural guarantees. This closed system has lagged behind in relation to the open nature of numerus apertus, of unnamed measures, foreseen in Spanish, Colombian comparative law, among others, above all in the regulation of the concurrence of causes of the danger of legal harm by the delay of the final judgment (periculum in arrears) and the fumus bonis iuris or appearance of the good right. In this context, before the approval of a new Nicaraguan administrative l...
18
artículo
Publicado 2015
Enlace
Enlace
In recent years, we have seen that the adversarial system has shaped the criminal process in various Latin American countries. This fact leads us to question what are the characteristics of this system, what are the benefits in comparison with the inquisitorial system and which is the method of teaching to which the different procedural actors are exposed.In this article, the author develops in a comprehensive manner the main features of the inquisitorial system and the changing paradigm in Latin American towards the adversarial system, and then explains the influence of this system on the trial lawyer. In addition, it addresses the theory of the case as a methodology that allows to adopt strategic decisions and improve the professional performance of the litigant. Finally, the author explains the necessity of an educational reform asa step in the reform of criminal proce...
19
artículo
Publicado 2017
Enlace
Enlace
The insolvency system in Peru, besides having a private nature, has a sui generis administrative nature governed by the Insolvency Law, hence being supervised by the Indecopi. It is so that the later and the Judicial Power have a constant relationship that, if not properly regulated and developed, can cause negative consequences and disincentives on privats.The author develops the aforementioned relationship through a historical account and, a development of the elements of its interaction. He focuses on the administrative litigation process and on its main basis, the right to effective judicial protection. On the other hand, it raises options of “temporary” solution to the determined challenges, due to the sui generis administrative nature of this system, to generate transparency and predictability in it.
20
tesis de grado
Publicado 2024
Enlace
Enlace
La presente investigación tuvo por objetivo general, Determinar si la restricción de la actividad probatoria vulnera el debido proceso en sede judicial, en los procesos contenciosos administrativos procedentes de la Municipalidad Distrital de Wanchaq, en el período comprendido entre los años 2016 a 2022, se postuló como hipótesis general que; la restricción de la actividad probatoria vulnera el debido proceso en sede judicial, en procesos contenciosos administrativos procedentes de la Municipalidad de Wanchaq, en el período comprendido entre los años 2016 a 2022, de manera ineficaz. La investigación fue cualitativa de tipo Jurídico Analítico , las técnicas de recolección de datos fueron: análisis de textos especializados, de artículos científicos, investigaciones y material académico físico y virtual, así como análisis de expedientes , las hipótesis fueron validadas...
