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

Legislative Decree 1384 that recognizes and regulates the legal capacity of persons with disabilities on equal terms has marked a very important development of the regulatory framework of Family Law in our country, substantially strengthening it. Today, people in a coma through a judicially designated support can see their Human Rights optimized by exercising them by developing legal acts that until then were not allowed.

June 27 marks the thirtieth anniversary since the General Conference of the International Labor Organization (ILO) adopted the "Convention 169 on Indigenous and Tribal Peoples in Independent Countries." This multilateral treaty, of which Peru has been a party since 1994, brought with it the state responsibility to adopt specific laws, policies and programs focused on the rights and welfare of indigenous and tribal peoples. Among the scope of the Convention, is the recognition of the right to prior consultation, in this sense, this article provides a critical reflection on its application in Peru.  

In this article I refer to the questionable points of the order for the admissibility of the competence filed before the Constitutional Court by the President of the Permanent Commission of the Congress of the Republic, which questions the dissolution of the Congress of the Republic, such as the arguments of the courts regarding Said Auto Admissive. Likewise, I refer to what is stated in Order by the Constitutional Court in response to the motion for replacement or clarification of the Order admissible raised by the Permanent Commission; also the Ombudsman's arguments regarding the dissolution of the Congress of the Republic, contained in the Ombudsman's Report on the political crisis, a matter of trust and dissolution of the congress. I show the limits of the Peruvian constitutional law that regarding the dissolution of the Congress of the Republic rejects the precautionary measure of the Permanent Commission against Supreme Decree No. 165-2019-PCM, precautionary that was denied by simple majority and that it proposed to be temporarily suspended the closing of the Congress of the Republic made by decision of the President of the Republic. I question the separation that the Court makes of the political and the constitutional, which is debatable if one takes into account that the Venice Commission regarding the issue of whether it is constitutional to link the constitutional reform to a matter of trust as the government has done That being said, although what is affirmed by this has no binding value, that in comparative law, linking constitutional amendments to a matter of trust is unusual. I do not qualify the act of dissolution of the Congress, because I consider that said act as singular deserves a more abundant treatment from political theory and constitutional law with the purpose of giving analysis tools to the need to reform our political or power regime.

This article will comment on the experience of a family judge who has to be flexible for each specific case, especially in the process of interdiction. It will also report on how interdiction processes have been taking place until before the amendment of the law and how extensive the process is. The aim of judges, including the legislator, is to protect the person with different abilities from everything and everyone, and to protect society from individuals without discernment, that is, absolute or relative incapacities. Therefore, the adoption of Legislative Decree 1384 breaks with the paradigms of justice operators and society as a whole, since it takes as its basis the Convention on the rights of persons with disabilities, which states that all persons with disabilities may not be victims of any discrimination and that they are fully entitled and able to exercise their fundamental rights, As a result, the judges will not appoint any more persons to replace their will, they are currently appointed persons who are solely their supporters.

Our legal system, starting with the Magna Carta, establishes protection and guarantees for the worker who may be the victim of arbitrary dismissal. He makes no distinction when he makes that reference; However, we are faced with a thorny problem when the particularity of an employment relationship arises that suddenly concludes by exclusive decision of the employer, by claiming this, as a justification for that arbitrary dismissal, the loss of confidence that the worker raises. It's that simple.  There is the question that we are going to develop in this article, which does not depend on internal legislation (Supreme Decree No. 003-97-TR, Law on Labor Productivity and Competitiveness and others) or on the varieties that constitute some plenary decisions of the Supreme Court or judgments of the Constitutional Court, but to analyze this issue from the theoretical and practical reason, without discrimination, or differentiated facts that are worth, no matter how nuances the judges have finally found in their resolutions, because not only the discretion of the decision the employer makes; It seems to me, in any case, that I should always carry it out with prudence, reasonableness and respect for the fundamental rights of any worker.  The reality in the workplace is very active, but the balances are accelerating and the complexity of today's transformations imposes us to rethink how we estimate trust positions. It will be better to get used to it: seasons are coming when that word will never be as before.

This article tries tu analyse the regulatory deficiencies to determine the administrative responsibility for breaking rules of transparency and public information.  In this regard, it is proposed to strengthen the faculties of the National Transparency and Access to Public Information Authority to empower it and review the Transparency and Public Information law regarding the fines charged to the private entities that provide public services, excluding of this scope the rest of Public Administration entities

The equality of marital and extramarital relations is the subject of extensive discussion. This paper analyzes this phenomenon in terms of equal rights and obligations within associations with respect to the wife or husband of associate and the concubines

This article aims to bring the reader closer to an analysis referring to the object of study of Public International Law, from the various definitions that have been developed on this discipline, as well as to understand the differences between the internal rights of the States with the Law International Public, we will also cover the various denominations that have been given to this discipline and how it is divided from a methodological point of view