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

The social model of disability brought important legislative modifications in the civil law in several Latin American countries. Models of substitution in decision-making were replaced by models based on support and respect will and preferences of persons with disabilities. The Committee on the Rights of Persons with Disabilities has pointed out that the legal concepts of unfit to stand trial and insanity defense are contrary to the Convention on the Rights of Persons with Disabilities. However, in the field of Latin American criminal law, the influence of the social model in dogmatic and criminal procedure is still scarce. Mexico and Argentina have recently incorporated procedural accommodations and supports in their Codes of Criminal Procedure. These initiatives have both light and dark sides. Mexico maintains security measures for persons who are unfit to stand trial, but Argentina does not, as it derives possible interventions to civil system. Both countries use the term reasonable accommodation and concepts that lend themselves to confusion. Despite these procedural advances, most authors maintain traditional views on the unfit to stand trial. The social model of disability presents to criminal law new challenges that are addressed in this paper.

The Monitoring and Evaluation (M&E) systems of public programs at the local and central level in the Mexican government operate within centralized, decentralized, or autonomous agencies. For this reason, the aim of this paper is to examine whether the level of autonomy or governmental control of autonomous evaluation agencies (OCA) known as Inevap, Evalúa CDMX y Coneval, through a descriptive analysis and multidimensional view of managerial, policy, structural, financial, legal, and interventional autonomy. The analysis concludes that none of these agencies are recognized as autonomous. It also discusses the lack of accountability, performance evaluations, citizen participation, legitimacy and appointment of agency head and board members of these OCA, the relevance to evaluate the Legislative and Judicial branches, another autonomous agency, and municipalities, as well as to compare autonomy versus independence of these M&E systems. Finally, while the creation of autonomous agencies aims to performance highly specialized and technical functions such as evaluation policy, which is the exclusive competence of the State, the mere existence of M&E systems within the Executive branch is contradictory to the State’s constitutional system and the design of “autonomous” evaluation agencies.

Multilateralism is the main feature of the 21st century, especially in the fiscal sphere. This is represented by the rules that are designed on the international stage to provide solutions to the various fiscal problems that have affected international economic relations. The study, in its extensive, predicts a new international tax system led by multilateral measures, through the presentation of some fiscal complexities that have limited the free cross.-border flow of international trade, and the instruments that have been established to provide resolution or, where appropriate, diminish their negative effects; these latter developed within international organizations, such as the OECD, and through global forums, that is, multilateral rules are developed through the consensus of the international community. It also presents the formalization of fiscal multilateralism through access.ion to the OECD/G20 Multilateral Convention and the adoption of the Automatic Fiscal Information Exchange Standard.

The publication of legal journals is a widespread and bicentennial practice in Latin America. However, we know extraordinarily little about the editorial policies that legal journals have adopted in the region. There is no clear information on the type of procedures, criteria, and decisions that legal scholars should expect to publish their works. After reflecting on the main discussions on the subject, this work advances the discussion by presenting systematized information on little more than seven hundred legal journals that are published periodically in the region, as well as the places and years in which they were founded. The data is used to describe the formats and times in which these publications are made available to the public, as well as explain the structure and procedure followed by these publications is explained to determine what is published and what is not. In this way we try to offer a statistical-descriptive representation of the main characteristics of the formats, criteria, procedures, and public and explicit practices that give adjective and material support to legal journals in Latin America.

The purpose of this work is a comparative legal study of foreign experience in legal regulation and practice of applying special schemes for compensation for harm caused to health as a result of a medical error, as well as determining the prospects for the development of Russian legislation in this part. The article examines the regulatory legal acts of the Russian Federation and a number of foreign countries (Belgium, Germany, Denmark, Norway, France, Sweden, the United Arab Emirates, etcétera.), the practice of their application. Methods used: general philosophical, general scientific, particular scientific, special (formal legal, comparative legal). Of particular value to the study is the fact that the author substantiates the possibility of applying special legal presumptions as an alternative to the use of costly and organizationally problematic no-fault schemes. For the first time, the prospects for the introduction of certain elements of compensation schemes without fault for «accidents» are determined in those areas of medical activity where it is especially difficult to establish the origin of harm from the actions (inaction) of a particular medical worker, including for individual elements of the scheme. As a result, the presented study is relevant and significant not only for Russia, but also for other states that have not yet developed a stable special regulatory legal regulation of these relations.

The restrictive and formalistic interpretation that the courts have given to the Employment Annulment Appeal as an instrument of control of what was decided by a first level monocratic judge, has, in fact, created a large portion of uncontrollable decisions, affecting not only of the right of access to an appeal remedy established in the ordinary legislation, but also to the prohibition of the overflow of the powers of a lone sentenced in the sense that they mark the limits imposed by respect for the so-called rules of healthy criticism and the duty to motivate failures. Starting by overcoming of the mirage of judicial infallibility, we hereby review the excessively restrictive and formalistic interpretative criteria found in a series of representative Courts of Appeal decisions, on hearing and deciding Employment Annulment Appeals. In this paper, we propose a diverse, balanced, and proportional solution to the one that the judicial praxis has established so the cause related to sound criticism stays inoperative and reduced to a formal control devoid of real content.

In the European context, positive actions have established clearly controversial strategies and notable difficulties and its jurisprudence is no exception. The European Court of Justice has established its verdicts, in most cases, on a determined rejection (Kalanke), but has then established a certain flexibility (Marschall and subsequent judgments). The ECJ has ruled with a marked sharpness and legal rigor regarding its constituting elements so that measures of substantial equality can be legitimized and applied. It is precisely these two cases which have marked a turning point and determine a before and after regarding positive actions and gender equality in the European Union. The jurisprudential rulings of the ECJ, contemplate as the only foundation, the recognition of formal equality, with liberal features of justice, and characterize an interpretive diversity full of interpretive fluctuations, following a European pattern. It is important to notice that all the cases are part of a labor environment, which is not surprising, as this is the origin of the equality between men and women, and it was the ECJ, the driving force behind its most important resolutions.

In this article, I will explain the vision and concepts for designing and building an effective Digital Justice System, with the view that it will serve to establish fundamental foundations that will endure over time and survive technological changes and developments. And how these concepts can be reflected in normative constructs harmoniously in three legislative initiatives: 1) The initiative draft decree amending Article 17 of the Constitution regarding the provision of digital justice; (2) The Act on the Regulation of Electronic Court Records and on the Reduction of the Use of Physical Paper; and (3) The Initiative draft decree issuing the General Act on Alternative Dispute Resolution mechanisms, and the proposed changes to Chapter III on Online Dispute Resolution.

The analysis of European supranational sources, the European Union and the Council of Europe, shows that the concept of animal is articulated on a plurality of legal categories that require the need to use the plural: there is no "animal", as unitary and compact category, but rather "animals", each with its own specific characteristics, recipients from time to time, of particular disciplines and protections. Over time we can see the emergence of awareness, borrowed from the increase in scientific knowledge, of the ability of some animals to feel pleasure, pain, fear, anguish, etcetera characteristics that make them "sentient beings" and require a growth of attention and protection. The overall picture, however, is still sometimes ambiguous and in any case in progressive evolution. The European Union has planned to prepare a new and coordinated discipline on the subject by the end of 2023.

The debates on implementing Pillar III of the R2P have revolved around the use of force, making invisible the political, economic, and legal measures that different international actors can adopt to stop the commission of mass atrocities. In this sense, this article aims to: 1. To analyze the backgrounds, the emergence and linkage of the principle of R2P with the use of force; 2. Study the measures that can be adopted under Pillar III of this principle; 3. Deepen the commission of crimes against humanity in Venezuela; and 4. Highlight the measures adopted by different international actors in that country. Finally, some reflections are included as conclusions.