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

This article seeks to explore the response of international human rights law and international human rights bodies in the definition of guidelines for States to tackle the COVID-19 pandemic. The main argument is that the high levels of adaptability of the norms for the protection of human beings and the standards developed in this matter are reflected in the way their protective effects have been at display; mainly, in i) the limits for restrictions or suspensions of human rights for epidemic control and ii) the specific provisions for the protection of vulnerable groups. Towards the end of the document, given the importance of the subject in the context of the pandemic, the author reflects on the approach of international human rights law towards death, the handling of corpses, the mourning and the participation of families in decisions regarding the disposition of the bodies of their loved ones.

The aim of this work consists in studying the legal aspects of the monitoring task on the wholesale electricity market that Law 28832 and its regulations have assigned to the Economic Operation Committee of the National Interconnected Electric System of Peru (COES). Thus, we analyze the relevance of the competition surveillance in such a strategic and vital sector for every country as the electric is and the COES’ role as Peruvian government collaborator. Moreover, we describe the indicators usually used to measure the competition level within the electricity market and the ones approved by OSINERGMIN in 2017.Likewise, and considering the silence to this respect of the legislation’s statements of reasons and support reports, we answer why the monitoring function must fall to COES, concluding that it is justified in its closeness to the monitored agents. Precisely, this constant relationship between COES and electric agents allows the coordinator to access to relevant first-hand information for the competition indicators evaluation; ease that no governmental entity has.

In recent years higher education has undergone major changes. However, the poor regulation of training practices has remained. The purpose of this article is to analyze the regulation of training practices, and their lack of recognition as work under the current legal framework, a situation that disproportionately affects students with disabilities. Finally, a brief account is given of the main findings of interviews with law students with disabilities in this field.

Tax Administration has issued resolutions assessing deemed dividends as secondary adjustments with the rates of 4.1% or 5% as a consequence of having proposed a primary adjustment in a transfer pricing audit. However, we believe this assessment, in the way that SUNAT is applying it, does not have legal basis. This position has been ratified by recent Sentences issued by the Fiscal Tribunal.

The issue under investigation is limited to the experience of unsolicited proposals in Peru since 2003 with the implementation of the “Decentralized Investment Promotion Framework Law”, which deserves a review and analysis to propose improvements to this figure, through which relevant infrastructure projects, public services and investment in state assets have been developed. Therefore, the objective of this work is to establish the main problems related to unsolicited proposals such as the disincentive to private investment due to corruption issues; the existing problems related to the reimbursement of expenses incurred in the formulation and presentation of unsolicited proposals; the problems presented in the formulation of such initiatives; and finally, the legal nature of the admissibility of unsolicited proposals.

In this article, the author analyzes how water user organizations contribute to the sustainable use of groundwater in Peru. In order to do that, he begins by describing the regulatory instruments provided in the country for water resource management and the applicable regime for its use by water users, from which water users’ organizations are formed; after that, he presents the figure of these organizations as actors who contribute to the sustainability of groundwater and; finally, he makes a brief analysis of the sustainability of groundwater from the use by water users’ organizations.

Last August of this year, the Universidad Nacional Autónoma de México, through the Law School, by initiative of the College of Professors of Criminal Law, in response to the suspension of academic activities, as a result of the pandemic that afflicts the world arising from the SARS-Cov2 virus, taking advantage of digital platforms available to people at this time as a tool to use to communicate at a distance, organized the First International Virtual Congress of Criminal Law. In this event, more than 130 academics from different Latin American Universities participated as speakers, who presented on topics of the criminal legal reality, both substantive and adjective, in the panels that were organized by themes that addressed different concepts in these specialties. The Congress was embellished by Magisterial Conferences issued by Masters Emeritus and Deans of the Faculty of Law of the UNAM and other law schools of invited countries.The importance of the Congress surprised the Academic Forum, almost twenty thousand people registered and approximately two million of them accessed the event that was transmitted and broadcast on social networks through the Facebook platform “Live streaming”. From the approaches that were most emphasized in the presentations, the concern of the present article is born. Specifically, it highlights concerns about exercise, it highlights the concern about the arbitrary exercise of criminal law due to its punitive nature and the importance of limiting the excess in its application, respecting in general the human rights of individuals and, in particular, those recognized for the parties in the procedural rules, this in equity with the Fundamental Principles of the Prosecution Systems in the accusatory model, already adopted in practically all democratic countries in Latin America. This highlights the need for a new definition of preventive prison, conceived now as a precautionary measure and its intimate relation with the principle of the “Presumption of Innocence”, in whose application there must be absolute communion, a necessary condition in order to have a profound and definitive vision in the protection of Human rights. Puede conocer los comentarios del autor/a sobre el artículo aquí: https://youtu.be/wIBwCxq31kk  

The arrival of the Fast-Track Insolvency Refinancing Procedure (PARC for its initials in spanish) was not fortuitous. In order to face the global health crisis, the Peruvian government not only has been taking exceptional actions related to the sanitary system, but also has been concerned about the businesses affected by the COVID-19 pandemic. Likewise, this procedure has been created as a complementary action, with the purpose of refinancing the obligations of the companies that suffered the effects of the pandemic. Furthermore, as the first entirely virtual fast- track procedure, and also because of its development in a shorter time compared to the other existing procedures in Perú, the PARC is unique.Due to these advantages, this article will try to explain why the PARC should not only be valid until December 31st, 2020. The continuity of this procedure in the post-pandemic stage is necessary, since the economic crisis will doubtlessly have long-term effects. Nonetheless, different questions arise regarding the permanence of this procedure in our legal system. Among these, the main questions are related to the similarity of the PARC with the Preventive Bankruptcy Procedure and also some administrative “flaws”. This will be analyzed throughout the text.

The declaration of the state of alarm by the Spanish Government in March 2020, which has confined the population to their homes, with very intense effects of paralyzing business activity, has had a very notable impact in the field of work, with very relevant measures, with a strong impact on both the labour market and labour legislation. Among the most important measures are the following: (1) rules of preference for distance working for those companies that were forced to close their work centres and, as far as possible, avoid the destruction of these jobs; (2) establishment of a system of suspension of employment contracts due to force majeure, favourable to both companies and workers, which would also avoid the adoption of mass redundancies; (3) declaration of the unjustified nature of redundancies that were intended to be motivated by the cessation of productive activity due to the health crisis; (4) formulas favouring the conciliation of family and work responsibilities during the development of the measures against the pandemic; (5) exceptional formula of recoverable paid leave; (6) economic measures to attend to workers without work activity through Social Security benefits; (7) introduction of a new Social Security benefit as Minimum Life Income.The present study, leaving aside the significance and scope of the measures adopted in this context, aims to analyze the process of elaboration of these emergency regulations, the intervention of the various public powers both in the process of approval and application, as well as the marginal role of social consensus, collective bargaining and the participation of workers in the company. In this way, the specialties of the measures are addressed from the perspective of the game of the rules related to Sources of Law, as well as the role played by the habitual protagonists in the development of our system of labour relations.

A common problem in moral discourse is the risk of incurring in infinite regressions. This, together with other criticisms also directed at scientific disciplines, motivated the sceptical attitude towards morality advised by several postmodern theories. The response of both moral philosophy and science was similar: to reaffirm the possibility of reaching agreements of “truth” or “correction” through rational discussion, which in turn implies a regulated procedure to submit theories to questioning in the freest possible way. In this paper the author intends to delineate some elements of rational discourse that are characteristically used in practical discourse, and then apply them to a discussion of abortion. The central purpose of this research consists in contributing to the analysis of the justifiability of the idea that the fetus can have dignity. This discussion implies first identifying a theory of dignity that appropriately satisfies the demand for universality of all rational discourse, and then applying it to some of the usual arguments in the abortion debate.