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546,196 artículos
Año:
2023
ISSN:
2683-1783, 2007-5995
Venegas Álvarez, Sonia; Bonilla Gutiérrez, Julio César
Universidad Nacional Autónoma de México. Programa de Posgrado en Derecho.
Resumen
This paper presents, based on the mexican experience, as well as the normative and institutional frameworks created by virtue of the 2014-2015 constitutional reforms, a series of reflections on the convergence of transparency and the fight against corruption in accountability perceived as a principle, a concept and a set of practices applicable to the realm of the public that have the possibility of improving the conditions of continuity of democratic development, because said convergence and linkage is also, through human rights. In this sense, the relationships between the mexican national transparency and anticorruption systems are analyzed, as instances of national coordination to address these two issues, but above all, to give way to the incidence and agency of the people.
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Año:
2023
ISSN:
2683-1783, 2007-5995
Ramírez Soltero, Yolanda Cristina; Chapa Abrego, Gabriel Abraham
Universidad Nacional Autónoma de México. Programa de Posgrado en Derecho.
Resumen
Reflections are raised about the ways in which compliance or regulatory compliance has been recently introduced and incorporated into the legislation and in the business world in Mexico, highlighting the benefits or not of the marked inclination and tendency to try to solve all aspects and problems related to this with criminal law and science (criminal compliance) without exploring other theoretical options and even scientifically equal or even more viable.
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Año:
2023
ISSN:
2683-1783, 2007-5995
García Silva, Gerardo; González Hernández, Gustavo
Universidad Nacional Autónoma de México. Programa de Posgrado en Derecho.
Resumen
The new legal scheme of the Mexico’s federal prosecutor incorporates context analysis as a criminal investigation tool. It is important to know its theoretical framework in the social sciences, its origins and its current legal configuration in Mexico.
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Año:
2023
ISSN:
2683-1783, 2007-5995
Uscanga Barradas, Abril
Universidad Nacional Autónoma de México. Programa de Posgrado en Derecho.
Resumen
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Año:
2023
ISSN:
2683-1783, 2007-5995
López Olvera, Carmen Patricia
Universidad Nacional Autónoma de México. Programa de Posgrado en Derecho.
Resumen
In the late 20th century, a small group of legal philosophers conceived a new branch of legal philosophy: applied legal epistemology with the aim of studying the conditions under which it is possible to determine the truth in law. As a result of its rapid acceptance and spread, this new field of knowledge has produced an interesting academic community around the world. Different sub-communities have since been formed, each of which is beginning to take on distinctive characteristics while all of them still bear a “family resemblance”. To a large extent, the future of this field will be determined by the evolution of each “academic tribe” and its organization.The purpose of this paper is to review the developments made in applied legal epistemology, especially in Ibero-America, and to compare it with the work being done in the United States and the United Kingdom. To this end, I will present two large groups of what will apparently become different “schools”: the Spanish ones and the Latin American ones. I will then analyze the problems they address, the theoreticians involved, their proposals and the main academic events they organize. In this sense, this research is a study of the sociology of science.Predictably, one of the areas affected by applied legal epistemology is procedural law and a new line of discussion has opened up in what has now come to be known as evidence law. I conclude by outlining the challenges this will pose to procedural law in the future.
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Año:
2023
ISSN:
2683-1783, 2007-5995
Chípuli Castillo, Arturo Miguel
Universidad Nacional Autónoma de México. Programa de Posgrado en Derecho.
Resumen
The local Systems constitute one of the pillars of the National Anticorruption System, derived from which there is an obligation for the Federal Entities to develop these systems and the corresponding state anticorruption policies. In December 2021, the Local Anticorruption Policy of the State of Veracruz is published, which is proposed as an instrument for problematizing the phenomenon of corruption, as well as its diagnosis, minimum priorities and lines of action that guide the actions of the members of the Local Anticorruption System of the State of Veracruz. Given that the protection of whistleblowers not only represents a core element of any anti-corruption policy, but also a human right, this text analyzes the degree of compliance with the obligations established by international human rights law in the State Anti-Corruption Policy of Veracruz.
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Año:
2023
ISSN:
2683-1783, 2007-5995
Conde Gaxiola, Napoleón Rosario
Universidad Nacional Autónoma de México. Programa de Posgrado en Derecho.
Resumen
The present work aims to connect legal sociology from an analogical and hermeneutic dimenssion. Is well known that hermeneutics has been, since Aristotle, the study of interpretation. At the present time there are various hermeneutical orientations, as is the case with the French school of Paul Rocoeur, the German of Hans Georg Gadamer, the Italian of Gianni Vattimo, and others. In analogical hermeneutics case, it is a Latin American proposal whose purpose of study and application is the Science and art of text, inorder to contextualize it and, consequently, have a relational, totalizing, plural and praxical vision. Sociology in general has been founded by positivism founder Augusto Comte in 1839, and legal sociology by the German Free Law Movement, headed by Eugen Ehrlich and Hermann Kantorowicz, at the end of nineteenth century and the beginning of the last century. The idea is to link the hermeneutic tradition with legal sociology, with the purpose of approaching an innovative, interpretative, and comprehensive vision of current reality, characterized by a deep economic, health, political, social, ideological, and legal crisis.
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Año:
2023
ISSN:
2683-1783, 2007-5995
Diez García, Javier
Universidad Nacional Autónoma de México. Programa de Posgrado en Derecho.
Resumen
The verification of the death criteria provided by the General Health Law in its article 343 can be very complex, especially when linked to the pro persona principle, which implies guaranteeing the highest level of protection possible for the rights of the individual, opting for those interpretations that allow the broadest safeguarding of the legal sphere of the governed. In this sense, one of the most problematic criteria to be accredited without a reasonable margin of doubt is the complete and permanent absence of conscience, since this has not been unanimously defined and, with this, conflicts can be caused when to be able to affirm that the rights of the person are protected.
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Año:
2023
ISSN:
2683-1783, 2007-5995
Cárdenas Miranda, Elva Leonor; Huerta Reyes, Yadira Aideé
Universidad Nacional Autónoma de México. Programa de Posgrado en Derecho.
Resumen
This article attends the importance of recognizing the rights of the children and teenagers to interact and live with both parents, since denying this coexistence not only implies the violation of their human rights, but also affects the development of their personality, in this sense, the importance of the family in the development of the individual and the dignity of people is underlined in the framework of the doctrine of comprehensive protection and the best interest of the child.
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Año:
2023
ISSN:
2683-1783, 2007-5995
Castillo Muñoz, Brenda
Universidad Nacional Autónoma de México. Programa de Posgrado en Derecho.
Resumen
The purpose of this work is to address the phenomenon of corruption from the point of view of the actions that are carried out to combat it, which are addressed from the study of prevention, control, and sanction mechanisms. In the prevention mechanisms, the risks that endanger the public service are analyzed, in order to have parameters that allow us to anticipate the offending behavior and be able to avoid its realization. In the control mechanisms, the rules that limit and control the attributions and functions of public officials, contained in public policies (within which the National Anticorruption System is located), in international cooperation are studied. As well as in transparency and accountability; Finally, in the sanction mechanisms, the rules in charge of disciplining offending behaviors are examined, consisting of administrative offenses and the classification of acts of corruption.
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