Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

In this academic research work, the principle of diligence is analyzed based on the Ibero-American Code of Judicial Ethics, starting with basic aspects of the principle, its notion, scope and convergence with other ethical principles of the same catalog, making a breakdown of its elements, this value is also studied in its condition of principle and guarantee; likewise, the national and international legal order on the subject is analyzed; State responsibility for due diligence as a guarantee of due process and protection of rights is examined, within the framework of jurisdictional and investigative work and, finally, it is explained how the judge’s attitude should be regarding the ethical principle of diligence due, analyzing the incompatibilities of the judge’s work with other functions, as a measure of preservation of the quality and excellence of the jurisdictional exercise, the penalties for non-compliance with the reasonable term and for dilatory attitudes; Finally, the statistical results on the causes and consequences of non-compliance with the principle under study are presented and analyzed.

This paper tries to make clear that the adequate foundation of human rights, can’t be other than starting from a correct judgment of the concept of human nature. Only in this way we can obtain a solid and long lasting base, safe from the ideologies of the day and with a truly universal scope claim to found a human rigths on the validity of a treaty or a law, is to disguise a wolf in sheep ́s clothing, for the simple reason that the treaty or the law may be unfair or be manipulated by the simple will of the powers turns.

Dignity and justice are two terms that cannot be definitively conceptualized; there are values ​​that have been incorporated into all constitutional, conventional and legal systems, as the basis of human rights, with respect to which society in general recognizes and demands their protection. Man is an end in himself, and therefore, through justice and dignity, the effective enjoyment of the right to work of people with disabilities is sought in order for them to achieve their personal fulfillment.

This paper is a first abstract of findings and proposals. It merely deepens through the author's experience and the legislation consulted on the difference between civil contempt and criminal contempt. The detail of the process for finding a person in summary criminal contempt and contempt for perjury, and contempts as a result of administrative processes. 

The coronavirus pandemic, that has affected almost every country on the planet, has mean an unprecedented shake-up on a global scale in the world of education. Has shown that we are facing a change of era, the possibility of the greatest leap or educational transformation of the century. This work proposes key points to approach the educational transformation and carry it out. 

  SUMMARY: This investigation, analyzes the judgment handed down by the Inter-American Court of Human Rights in the Artavia Murillo vs. Costa Rica, in order to determine whether the international court submitted itself, as was its duty, to the American Convention on Human Rights and other international human rights instruments, pertinent to the case, and whether it carried out that control of conventionality that requires the States, but to which it is also bound.  The investigation shows how, despite how much is expected from an international tribunal on human rights, it may also violate the American Convention, but without any possibility for those affected, to obtain review of the ruling, since the resolutions of the Inter-American Court are final.

In the arbitration jurisdiction, the speed and informality of the process for the resolution of conflicts is privileged in those cases where the parties have indisputably submitted to an arbitration agreement. In Venezuela, there is special legislation that limits procedural remedies against awards made by arbitrators of law. As said legislation is “prior” to the constitutional text that arbitration postulated as part of the justice system, there is a debate about the possibility of analyzing some deviations from arbitral jurisdiction (in a constitutional sense), to conclude on the –exceptional- possibility of expanding the procedural remedies when there is evidence of violations of public order that are beyond ordinary resources.

This paper talk about the problem of the legal protection of the family by the judge at this time, in which people’s daily lives have been affected by a pandemic It tries to answer the question about the best way for the judge today to provide that protection. For this, it starts, above all, from a constitutional norm, explains the motives that originate the judicial action and its object, and formulates three hypotheses about how to now ensure the legal defense of the family. In the end, he maintains that the judicial task in defense of the family must not, nevertheless, obviate Goal 16, of the socalled “Sustainable Development Goals” of the United Nations, and that the judicial function now requires a greater commitment with certain principles of Ibero-American judicial ethics if you want to ensure this protection in a special way. 

This paper arises from a presentation made at the Academia of Magistratura of Peru about Philosophy of Law, with the topic: How to help think about Law? Based on this debate, this academic work is presented for the Saber y Justicia Magazine, edited by the Escuela Nacional de la Judicatura from Dominican Republic, which, touching current issues, helps to think about the Law and always from the perspective of legal philosophy; so, to the question, how to help think about Law? the answer is philosophically, since it is through the Philosophy of Law that will allow us to reflect, evaluate and know the Law as essence and consistency. Therefore, here it is analyzed that there are certain human acts in life that can be rewarded, such as justice; others, as despicable as violence (or the revenge that leads to it), among others, and even out of rationality, such as madness or stupidity that terribly aggravate the human condition in society. For this reason, a serious effort full of responsibility must be made together to proceed in our life with values that do not disturb the Peace