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

The institution of force majeure in regard with the Covid-19 pandemic is analyzed, emphasizing in a methodology to analysis and identify the affectation in deferred execution contracts, especially construction contracts. There is a firmly necessity to consider each one of the contractual duties and obligations, as well as the casuistically definition about a genuine unreached contract execution or only a greater difficulty of its accomplishment, examining in this last event the facts related to the agreed diligence standard. Under this last point of view, the article analyzes whether it is allowed for one of counterparts to exclude some part of contract´s object due to excessive onerousness or difficulty of supervening compliance. The pertinence of contract`s breach exception is matter of review, concluding that it`s not always forceable in case of non-satisfaction of proposed and agreed benefits by one of counterparts. The analysis focuses on Chilean regulation, without prejudice that it may be extrapolated to foreign legal scenarios. Also, an examination of the hardship clauses for supervening circumstances is carried out and its application to construction contracts is postulated.

During the last decades, conditional assistance formats show a significant expansion in Latin America. Based on unskilled activities and precarious ties, humanitarian rhetoric tends to blur the consequences of co-responsibility practices and, above all, the renewed relations between the State and the market through various means, value-productive and commercial processes. In this article, we recover the experiences and expressions of a group of beneficiaries to investigate commercialization trends associated with such initiatives. We are interested in three dimensions: the appropriation of bodily vitality through the valorization of human capital, monetary circulation promoted through the application of programs, and dispossession achieved through the convergence of credits for consumption- three aspects that challenge the proposed precepts of self-determination, freedom, and welfare. Regarding the trends of government modernization and innovation promoted in the region, the "site of experience" allows us to deepen the link between the current structural conditions of poverty, the strategies of progressive regulation of the State, and the transversality of market trends. From there, we open analytical dimensions to reflect on the regulatory mechanisms imposed on subordinate classes under presumed conditions of social inclusion. In conclusion, we point out that commercial/financial circulation is favored "from below" through the double figure of active workers and shrewd consumers. Meanwhile, we indicate an effect operated "from above" since,in the face of inequality and oppression between social classes, policies stage the rights of citizenship that cover up the active regulation of experiences.

This article presents the academic institutionalization of sociology at the former Universidad del Norte (Antofagasta, Chile, 1972-1984)- now Universidad Católica del Norte, which until now has been absent from the discourse and historicization of Chilean sociology. In this case, the need to critically analyze the construction of the disciplinary narrative consecrated about sociology in Chile during the eighties is posed to make certain absences visible regarding the discipline's institutionalization and restructuring. We warn that the difficulty in recording regional sociologies' experiences is attributable to the civil-military dictatorship's impact on the field's domain and operations. The research articulates the focus of recent history and social studies of science.

Based on interviews with Argentinean federal justice magistrates, the article addresses certain aspects of the how the judiciary works from a sociological perspective. In the first place, we are interested in interpreting the way judges describe the procedures and networks that accompany access to their currentposition and how political elements are displayed. Secondly, we aim to reconstruct how judges conceive their institutional role and to what extent the exercise of their function includes aspects that can be defined as political. In both cases, it is not a matter of preconceiving certain realities as political, but rather identifying the way judges refer to politics and the weight they attribute to it in their professional activities. We propose an interpretive sociology approach that restores the subjective perspective of the actors and addresses the way they construct meanings around their trajectories, networks and activities. In this way, we intend to contribute to an exploration of the political nature of the judiciary. In other words, we seek to understand the political aspects of the administration of justice from the perspectives of the agents themselves based on qualitative methods.

Several authors understand that neoliberalism finds one of its central organizational moments in the Mont Pí¨lerin Society. This work presents some elements that allow us to observe this international association's arrival in Argentine territory. It is a process that has the same configuration and objectives in the local space as it has in the global area, namely: it links large businesspeople, on the one hand, with institutions and actors who devote their efforts to producing and disseminating a discursive framework and, on the other, with public policymakers to influence the future of nations or, more precisely, facilitating the expansion ofthe new social order, which the Mont Pí¨lerin Society has decided to call neoliberalism. 

This paper analyses the relationship between judges and politics in the context of the competitions on merit and exams held by the Judiciary National Council and in the various appointments and promotions made by judges in the courts and offices they lead. To achieve this, it reconstructs the daily dynamics of interaction acquired by the type of political dispute to be analyzed, as well the strategies and alliances built to meet the objectives. In this regard, the membership networks to be taken into account are those that are structured around associations that corporately represent the judges. The aim is to show that the abovementioned relationship is not only expressed at the jurisdictional level, as usually suggested, but also in areas where judges serveas administrative heads of the judicial office, councilors or candidates to competitions and exams on merit. This involves a discussion of some of the categories used in the most important studies on the topic in order to contribute to and better understand the phenomenon based on the specificity of the case andthe empirical survey carried out.

This article presents results from an investigation carried out from a psychosocial studies approach, particularly surrounding the Temacapulin community's psychosocial trauma under the threat of dispossession by the construction of the El Zapotillo dam. The threat under investigation is conceived as a recent event that modifies the social-community fabric of the threatened community and as the cause of psychological, triggering a new resistance. The thesis of this work is that resistance can mitigate such trauma. In this sense, the threat of dispossession is an event that has a double effect: on the one hand, it fragments the social and community fabric by generating psychosocial trauma in those under threat, and on the other hand, it strengthens it when those under threat resist dispossession.

This article discusses the role of the Public Defender's Office of the State of São Paulo, an institution responsible for offering free legal assistance to low income citizens, in the judicialization of public policies, considering the scope of collective, diffuse and homogeneous individual rights. Qualitative and quantitative data were used, generated from semi-structured interviews with ten public defenders, the Statistical Annual Reports by the Internal Affairs Department of the Public Defender's Office and a database created from the judicial rulings issued at first instance, between 2009 and 2017, in public civil actions (ACP) filed by the Public Defender's Office. The results show that this action enabled the low-income classes to have access to collective claims, while strengthening the institution and differentiating it from private law firms. However, the limitations of the Public Defender's Office and the Judiciary's caution in ruling on collective demands that would affect public policies lead the institution to seek extrajudicial action, as an intermediary between society and representative powers

This work is proposed with the purpose of exploring how the flagrancy process has developed in the Province of Buenos Aires on the basis of official discourse, the observation of hearings and the testimonies of judicial players regarding the period of emergence (2005-2010). Our main thesis is that judicial delay, which is the backbone of the rationale for such process, has enabled disputes and claims over the performance of criminal justice to be focused on the actions rather than on the knowledge of legal operators, specifically, when attention is paid to the narratives from both legislative debates and documents of NGOs involved in the appearance of this process. What seems to prevail is the position that justice members are not unaware of the consequences of their work or, in other words, that they know very well what they are doing, but yet still carry through. This means that the priority when addressing slowness shall not be given for the purpose of raising awareness among judicial players, but to achieve a change in their practice, and the process of flagrancy is a clear example of this.

Ricardo Levene (h.) and Julio Maier were simultaneously renowned judges, jurists and criminal law professors who, in the 20th century, fought in Argentina to reform the first Código de Procedimientos en lo Criminal –National Code of Criminal Procedure–, which had been issued in 1888. This paper presents both"reformers'" careers to show the impact of both their expertise and internationalization on performing and promoting criminal legislative transformation at a local level, and its resulting influence on the Latin American region. In particular, it highlights their investment in comparative criminal law and their transnational circulation, both in their educational and professional careers, strongly associated with criminal justice reform. The research methodology is qualitative by means of interviews and the gathering of secondary sources. The conclusions point out the contribution of addressing the personal trajectories of legal experts in order to understand the impact of transnationalization and the construction of professional networks in the circulation of legal ideas, in this case, in the constitution of processes within the national criminal procedure reform and the subsequent transformation of the state prosecution model.