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

Throughout this document we present a description and an analysis of the Colombian regulations and Courts decisions that have been issued in order to eradicate any form of discrimination against women and the LGBTI community, especially in labor matters, and to promote equal employment access, wage equality, and labor stability, by means of the enshrining of prohibitions such as the dismissal of pregnant women, unjustified treatment differentiation, labor and sexual harassment, and the creation of obligations for the employer, such as the employees’ register by sex and the guarantee of material equality in remuneration. This analysis aims to determine if these regulations have achieved their respective objectives.

It has long been introduced into the field of work. As a result, smart working appeared a few years ago in Italy as a mode of execution of the contract labour in a  subordinate employment  relationship. As with all novelties, this has given rise to great expectations, but it has also revealed points of controversy that are gradually becoming clearer. This new labour contracting tool aims, directly and indirectly, to renew, update and adapt the historical institutions of Labour Law to an increasingly flexible labour market. Smart working seeks to become an important technological innovation within the employment contract, modifying concepts that until a few decades ago seemed indisputable.

By the way of the inclusion of inspection activity in the Peruvian General Administrative Procedure Law, the author examines the most important characteristics of this institution, such as its juridical characterization, the powers of the administration regarding this activity, the duties of the Administration with the inspected, the rights and duties of the governed that are inspected, and also the different ways of conclusion of inspection.

In this article the authors develop the issue about if it is generated a right of control between employer and employee and thereby an employment relationship on Sharing Economy. For this purpose, the authors analyze diverse concepts from Labor Law and Sharing Economy, to finally apply the test that they consider to be appropriate to assess the existence of an employment relationship on these markets. The importance of the article is clear, since both nationally and internationally is currently being discussed if in this economic phenomenon an employment relationship is generated.

In this paper, the author analyzes the sanctioning power of audit bodies in Peru, and so the constitutionality parameters that they have. In that line is determined that, even when fight against corruption is a legitimate aim for giving sanctioning power to some administrative bodies, the constitutional parameters and the respect for rights of the governed should always be considered.

The author analyzes the issue of administrative infraction as an institute close to the notion of punishment, since it handles the notion of typicity, unlawfulness and guilt, although in an attenuated scenario where the administration is unable to determine punishments that involve deprivation of liberty of the person who interacts as administered also focusing on the institute of the sanction with the purpose of understanding the reasons why it is conceived as an evil what would seem to move from a mannequin view of the good and the bad that is contrary to the vicarial vision of the administration tied to the objectivity of public action; in the same way, it focuses on certain institutions adjacent to the sanctioning Law such as the measures to restore the legality, the administrative orders for the cessation of activities, the warnings, intimations and requirements, the suspension with the order of reimbursement of economic benefits to the administration, the institute of the expiration of administrative concessions, the suspension or loss of ability for payment of fees, seizures and measures of bodily intervention, the vehicular withdrawal of the National Land Transportation System, compensation to the administration for damages generated by the particular as well as the pass to retirement for renewal of cadres in the military and police field next to the administrative control that they run in the sanctioning scenario without being properly administrative sanctions.

This article has the purpose of analyzing, in the Latin American comparative administrative law, the process of configuration of the Contentious Administrative Jurisdiction as a System of Administrative Justice, which results from the progressive extension of the contentious administrative processes in order to guaranty the judicial effective protection against the Administration; the progressive extension of the concept of Public Administration and its actions as object of control; as well as the reinforcement of the constitutional right to access to justice making flexible the rules of standing and previous exhaustion of the administrative recourses in order to access the Jurisdiction.

Conforme al canon tradicional del Derecho Administrativo, las reglas específicas suelen ser preferidas sobre los estándares generales al momento de tipificar una conducta infractora. Razones de libertad y seguridad jurídica son esgrimidas por los académicos para exigir una mayor taxatividad en dicha tipificación. El propósito del presente artículo es establecer criterios para determinar –desde una perspectiva diferente al canon tradicional– cuándo resulta preferible recurrir a una regla o un estándar para la redacción de una disposición sancionadora. Empleando herramientas del Análisis Económico del Derecho, se ofrece una vía para optimizar tal elección, que enfatiza en los costos de especificación, cumplimiento y adjudicación. Se concluye que el grado de precisión tipificante no es absoluto, pues la opción elegida –regla o estándar– será aquella que conlleve a la mayor minimización de sus costos sociales.