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

This paper analyzes the debate that arose in the Peruvian legal system about whether the term that the State has to collect civil compensation in cases of judgments arising from criminal procedures for offenses against public administration is one of expiration or prescription. The difference is not minor because while the prescription period allows for interruptions, the expiration period is not interrupted even when the debtor performs dilatory maneuvers to avoid payment. This last situation is recurrent in the context of the prosecution of the crimes against the public administration, as they sanction state corruption. In this paper, we intend to contribute to the aforementioned debate based on the revision of the figure of civil compensation and its capacity to combat and prevent corruption. Also, the definition, scope and differences between the figures of the expiration and the prescription will be studied to indicate, on the end, that this last institution is the one applicable to the supposed matters of examination.

This essay shows the ideological and doctrinal sources that prepared the way for the so-called social constitutionalism in Mexico since the end of the 19th century. Very close to the current European social issue, the Mexican liberals discussed the protection of workers and the dignity of work, disclosing free recruitment and free exercise of the profession enacted at the old article 5 of the Constitution of 1857, from subordinated and salaried work of the new article 123 of the Constitution of 1917. A mixture of libertarian and Catholic ideas and some other external influences led to the foundational and controversial debate of registering as a constitutional norm, the protection of the social and economic rights of the manufacturing and agricultural workers, which snatched judicial control, in civil matters, (which was common in other countries of America) of lawsuits arising from the recruitment, permanence and dismissal of workers, which passed to the scope of the Conciliation and Arbitration Boards under the control of the revolutionary executive of 1917. The essay shows, with original and little consulted sources, that the ideological and doctrinal influences that were behind the writing of the article of work in Mexico were in some times against the attribution of judicial law, the Amparo, in hands of the Mexican Supreme Court, despite the fact that the executive power maintained until the current reforms of 2018-2019, the control of those conciliation and arbitration boards. With the reforms of 1928 and the first Federal Labor Law of 1931, labor matters became a norm of political control of the executive power, inaugurating a kind of mass politics and unions control managed by General Cárdenas government (1934-1940).It also highlights the strong influence of the libertarian and anarchist ideas of the political newspaper Regeneration of Ricardo Flores Magón in the doctrinal body of section VI of the new article 123, which the literature known until today tends to insinuate more from the Catholic perspective of Rerum Novarum.

The article examines some of the legislative changes of the 2006 reform of adult prisons Law in Germany. The 2006 reform gave the Länder competence to regulate the execution of the prison sentence, generating a wave of new prison laws in the country. This article examines whether the new legislation regarding the adult prison sentences reflects the lineages of the federal law of 1976 and the case law standards of the BVerfG in this area.The aim is to know the issues where the criteria of federal law and BVerfG’s case-law influence state legislation, on the other hand, the issues where state laws have innovated. At the same time, it also intends to make a critical analysis of whether the adherence or innovation of state laws signifies an advance with respect to previous regulations.