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

For a few years now, Italian Theory has become known as a proposal of a different modernity. Concepts such as bios, communitas, immunitas, sacertas, imperium are at the centre of contemporary philosophical debate due to authors such as Roberto Esposito, Giorgio Agamben and Toni Negri. Although it is a heterogeneous thought, there are three elements that they share: life, history and politics. However, there is a gap that this article aims to fill. It is about thinking Italian Theory from legal parameters. The works of Stefano Rodotà and Eligio Resta are proposed as examples of this current of thought that opens up a different path to the hermeneutics, the deconstruction or the analytical philosophy.

Recensión de: Squillacioti, Claudia. El matrimonio infantil: una cuestión de género. Causas subyacentes, consecuencias, configuraciones jurídicas y estrategias de erradicación, Cizur Menor: Thomson Reuters Aranzadi, 2021. 

Starting from Macintyre’s idea of «tradition» and Alexy’s thesis that there are conceptions of defense or criticism of practical reason that can be attributed mainly to Aristotle, Hobbes, Kant and Nietzsche, the purpose of this paper is to explore the possibility of a dialogue between these traditions in order to propose reasonable ways of solving some central problems of the Philosophy of Law that arise in the context of the discussed thesis of the necessary connection between law and morality. Starting from two closely linked examples: human dignity and extreme injustice, the author will argue that such a dialogue of traditions is possible, particularly between post-positivism or legal non-positivism and natural law theory, although not exclusively. Furthermore, he will also argue that this dialogue is lightening if sufficient reasons are found to support the existence and validity of some indispensable legal principles —reasonably compatible with the diversity and contingency of law itself— based on equal human dignity. The examination of these theses will also allow us to conclude that post legal positivism faces similar or even greater difficulties than natural law theory for its justification, and to pose some questions to the other traditions.

This article is a reflection on current phenomena such as the so-called «woke» culture, «tokenism», «cultural battles» as a tension in the so-called «multicultural society», or the «cancellation culture» focused from some typical questions of legal, moral and political philosophy. Once these phenomena are situated as an expression of a broader sociocultural trend, which we tentatively call here «new sensibility», the relations of the «woke» phenomenon with transformations that are related to the current state of the debate between recognition and redistribution become evident. with the "art of separation" and complex visions of equality (Walzer's "spheres of justice"), with the autonomy of social subsystems in Luhman's terms or the distinction between normative models typical of the Theory of Law. Political correctness, the relationship between law and morality, limits to freedom of expression or "diffuse" neocensorship are also part of the cultural change that affects issues in our field such as the management of cultural diversity itself.

This article aimed to analyse comparatively, from the perspective of a Brazilian researcher, how the Portuguese and Brazilian legal systems responded to the demands of their cooperative movements to develop the virtual general assemblies of cooperatives in the Covid-19 Pandemic. For this, the comparative study was carried out not only to reach the praesumptio similitudinis of the analyzed legal systems, from the functionalist perspective of Konrad Zweigert and Hein Kötz. We also sought to understand the legal and cultural reasons that induced each country to adopt different solutions for exactly the same problem. For this specific purpose, the culturalist perspective defended by Pierre Legrand was admitted to contextualize the legal responses of Portugal and Brazil to the Covid-19 Pandemic and also to understand the reasons for the divergence of reactions. In conclusion, both in Portugal and in Brazil, the Pandemic was able to, respectively, ratify and produce efficient laws that currently allow the permanent realization of virtual general assemblies with adherence to the cooperative principle of democratic member control. However, despite this apparent harmony between the results, the culturalist analysis showed that these were achieved distinctly, revealing the juridical-cultural signs of each cooperative movement. With that, we believe to bring an important reflection to collaborate with the understanding of the Cooperative Law of each country in its authenticity.

This article discusses the importance of studying migration policy through an ethnographic approach to the practices and relationships that arise in the daily interaction of migrants with bureaucracies, thus broadening the lens of observation to study certain power relations that arise from the State. In particular, I analyze the processes of immigration detention and reflect on the distance between the norm and its application by the local bureaucracy, which can particularly affect migrant women. In addition, legal sociology and critical feminism frame the gaze with which I analyze a specific form of discrimination or “soft” violence exercised by the State against migrant women. Finally, I take up the paradoxes raised by various theorists on valuing sexual differences both in legal frameworks and in public policies to achieve equality (Wendy Brown, 2002; Nancy Fraser, 1997; Joan W. Scott, 1992). A central point is the dilemma of difference (Luigi Ferrajoli, 2002; Martha Minow, 1985; 1990), which questions the dichotomous opposition between equality and difference. I reflect on ways to construct equality by recognizing the sexual difference, depending on the context and its effects on the exercise of human rights.

The objective of this article is to analyze tensions that might arise between agroindustry, foreign investment, and economic and social rights in the Colombian peasant population after the implementation of Law 1776 of 2016, called the Zidres Law, which creates Areas of Interest for Rural, Economic and Social Development in Colombia. This research is developed with a quantitative approach, focused on the description and analysis of the phenomenon to generate a theoretical systematization from the data obtained. The main limitation experienced is that currently, there is a single zone constituted as Zidres in Colombia, for which quantitative data on its production is not known yet. This constitutes an original work given that in the academic literature, there is no similar research analysis about the Zidres law and its consequences. The exceptional value of this article is that it allows to generate red flags regarding the implementation of this law. As a main conclusion, this research states that Zidres Law generates tensions between foreign investment and the economic and social rights in Colombia, in which, rights such as the minimum vital wage, the right to work and human dignity are threatened.

The article is based on objective and verifiable data in private practice in the Peruvian criminal process, which is likely to be extended to the countries of the Indo-American region, in which the conceptualization of public opinion about technical defense in a process punishment, border on a skilful exercise not precisely in criminal hermeneutics and dogmatics but in sleight of hand of facts and evidence, such as the fact that generally in Latin American countries, the statement made by the accused is not considered a means of proof but a means of defense, for which reason the jurisdictional decision is not duly considered and, rather, it is assumed that it hinders justice and disturbs the process, from which the inveterate but false idea has arisen that the accused has the right to lie.This problem, in a guaranteed criminal procedural system, violates the fundamental rights of the offender and the victim, as well as is not functional to the purpose of the process, which is to achieve a satisfactory result in the public interest of contributing to social peace thanks to the solution of the conflict that every crime involves, through achieving justice for the parties involved.The authors propose an innovative proposal, which consists in that the free and voluntary declaration of the accused, expressed without any coercion, when he does not wish to remain silent, be guaranteed and considered as an authentic means of proof and, therefore, valued in conjunction with other means of proof.

Throughout history, constitutional replacements have been associated with independence processes or transitions from authoritarianism to democracy. However, in the last decades they have become more frequent in established democracies, particularly in Latin America. Constitutional replacements in democracy have political and normative consequences that have remained unnoticed or have not been properly analyzed in traditional constitutional theory. In this article, we argue that an anticipated legal regulation of a constituent process has clear advantages for democratic regimes when it aims to maintain a balance between continuity and change, facilitate consensus among political forces, and promote citizen participation. Nevertheless, the attempt to subject a constitutional replacement to a detailed and pre-established legal framework in the previous constitution has its limits in a context of representation crisis that makes it necessary the drafting of the new constitution by a special convention. To illustrate this point, we will examine the origins and content of the constitutional amendment that made possible the recently failed constitution-making process in Chile, the laws that complemented this reform, and the regulations adopted by the constitutional convention in this country. Keywords:

The propose of this paper is to show that the guidelines established for the World Trade Organization, about of medicines, marginalize the access to those to the vulnerable population, because of to the high costs of the patent medicines and the retardment in the incorporation of generic products due; tariffs, profits, rents, and monopolistic control; the last two are based in the use of patents and the mechanisms that lengthen their validity. To do this, the main legal instruments regarding the human right to health were identified; the economic and legal changes about of intellectual property, because of globalization, to make visible the impact of the temporary monopoly in the production of medicines. The analytical method allowed to identify the numerals of the agreements that are violating the right to health that rule the member states of the World Trade Organization. Subsequently, certain elements are described to support the hypothesis about of the international instruments allow the monopolization of the production, distribution, and sale of medicines for the world population, prioritizing the profits of transnational companies over the right to health. Finally, the synthetic method allowed to establish some conclusions about the legal and statistical evidence, to strengthen the proposed hypothesis. In terms of originality, this work aims to show that economic rights have been prioritized over human rights. Among the findings, was found that pharmaceutical companies, taking advantage of legal vacuum, have strengthened, and lengthened the life of their monopolies.