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546,196 artículos
Año:
2019
ISSN:
2708-5031, 2225-0840
Patron Bedoya, Pedro; Medina Vásquez, Jorge Enrique
Lumen
Resumen
The main focus of this article is to contribute to a more efficient, effective and transparent public management. For this, the author states that the recommendations made to public entities by the Comptroller General of the Republic and the Institutional Control Bodies, through internal control services, preventive and simultaneous, have vinculant character for the purpouse of strengthen in order to strengthen the National Control System, in the fight against corruption.
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Año:
2019
ISSN:
2708-5031, 2225-0840
Da giau Roose, Piero; Palomino Sánchez, René
Lumen
Resumen
This paper analyzes the situation following the closure of a commercial establishment, ordered by the Public Administration, and the procedure that applicants must follow, in order to be able to open the establishment again for business and continue with their trading activities.
The existence of incentives that influence people's decision-making in these situations and thus regulate their behavior –sometimes to follow the regulatory administrative provisions, and at others to simply meet their needs–, will be analyzed. We identify that the procedure after the temporary closure order means a long and dark path that the inspected applicant is obliged to follow. This often constitutes a perverse incentive that motivates the applicant to disobey.
Likewise, the offense detection factor can be seen as an indicator of the deficiency of the State to identify the offenders and to require them to comply with the corresponding payment of fines. This also creates incentives that motivate those applicants to disobey the closure order.
Finally, we propose as an alternative solution, the application of the principle of privilege of subsequent supervision, established in paragraph 1.16 of Article IV of the Preliminary Title of Law No. 27444, Ley del Procedimiento Administrativo General (General Administrative Procedure Law), understood as the right of the authority to verify the authenticity of the statements, documents and information provided by applicants, within the framework of administrative procedures, which constitutes an efficient mechanism for the situation under analysis, since if so, the slowness with which the State generally operates at the time of exercising its power of supervision will not prejudice the fundamental rights of those applicants.
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Año:
2019
ISSN:
2708-5031, 2225-0840
Franciskovic Ingunza, Beatríz
Lumen
Resumen
The present jurisprudential comment describes a judgment of the Peruvian Constitutional Court regarding a case in which the violation of the Law of Mental Health is alleged. It will be analyzed what is meant by the Right to Health, mental health, the regulation in this respect that exists in Peru until the new Law of Mental Health, as well as the function or work of the State in front of this fundamental right
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Año:
2019
ISSN:
2708-5031, 2225-0840
Romero Umlauff, Gustavo
Lumen
Resumen
This article examines a Judgment issued by the Sala Superior del Tribunal Electoral del Poder Judicial de la Federación de la República Mexicana (Superior Court of the Electoral Tribunal of the Judicial Power of the Federation of the Mexican Republic) in relation to the final resolutions issued by the Commission of the Council for Transparency and Access to Information of the Federal Electoral Institute, which denied the requests of mexican citizens to provide them with copies of the "ballots" (or "ballot papers" in the case of Peru) regarding the electoral process because the results of the presidential election caused them to object to the calculation of the votes and required them to count them again.Of course, the academic importance of resolving that demand was not fundamentally to review the outcome of the electoral process but to elucidate the characteristics of the "ballots" addressed in that judgment in matters of access to public information and powers of the Superior Chamber of the Electoral Court of the Judicial Power of the Federation of the Mexican Republic to issue a ruling on its legal nature. Obviously, this is not a minor issue, since it constitutes an exception - or perhaps - still the only doctrinal precedent for the Ibero-American countries regarding electoral documentation.
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Año:
2019
ISSN:
2708-5031, 2225-0840
Vigil Oliveros, Enrique
Lumen
Resumen
The main purpose of this article is to analyze the impact of the corporate rules described in the General Corporation Law in force in our company for the constitution, operation and orderly exit of the market. The economic reality in our country seems not to be consistent with the legal reality, even being in several provisions a divorce between these two sciences that unleashes damage to societies in the delay in procedures that result in economic losses. In this article, the analysis will seek the solution through overcoming the deficiencies of corporate norms by building permissive standards for the best business development.
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Año:
2019
ISSN:
2708-5031, 2225-0840
Mendívil Nina, José
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Resumen
I maintain that the extinction of our republic is taking place, and that the problem we will have in the world that is coming will be that of the definitive death of the promise of Peruvian life of which Basadre spoke to us; extinction that seems to have been destined for its fulfillment in the XXII century if we continue to be a republic accustomed to losing ourselves daily in the evils of corruption and authoritarianism, of illegality and misgovernment, of cultural backwardness and social marginality, of anomie and transient rebellion, ignorance and mediocrity, as if it only existed to withstand defeats and failures, ridicule and ridicule, easy promises and repeated deceptions, and would have been founded for the inevitable loss of opportunities that its future offers.
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Año:
2019
ISSN:
2708-5031, 2225-0840
Siguas Rivas, Julián
Lumen
Resumen
Subsection 2 of Article 1000 of the Civil Code establishes as a modality in the constitution of the Usufruct, the socalled Unilateral Usufruct; the same that is understood as the one constituted with the sole will of the owner of the good in favor of the usufructuary; declaration that is instrumented in a Public Deed, its transfer is sufficient title to register it; this is due to a lack of knowledge of the institution and its conceptual elements; being the ratio of the present article to establish what must be understood by Unilateral Constitution of Usufruct.
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