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

Again, given the impact of new technologies and his massive resource in times of pandemic, working time is at the center of the debate. The new workers —digitalized and permanently connected— require renewed tools, analyzed in this study, to contain their working time and to safeguard their rest time. Such are, on the one hand, the classic Spanish and European rules, relating to maximum working hours and minimum breaks, precisely the object of recent reinterpretation by the Court of Justice of the European Union. In exclusively Spanish terms, two recently implemented instruments stand out: the registration of the working day and, as a specific response to the new telematic environment, the right to digital disconnection.

In this essay we give an account on the Chilean Constitutional Convention in progress that will put an end to the neoliberal and authoritarian Constitution of Pinochet. We maintain that the institutional design of 1980 and its reforms of 1989 and 2005 fostered social movements that led to the constituent process that South American country is experiencing because that legal structure formulated and materialized the foundations of neoliberalism and authoritarianism. We consider that when the Constitutions are conceived from parameters of social inequality and reduction of political pluralism, the drifts conclude not without difficulties in constituent process to transform the statu quo.

The purpose of this paper is to study the exercise of the rights granted by Law No 27,610 of Access to the Voluntary Termination of Pregnancy by persons with disabilities. This paper suggests a legal approach, through a systemic analysis of all the domestic regulations involved, at different hierarchical levels, so as to assess their interpretation and application in compliance with the human rights standards, which prevail in the Argentine legal system. Legal contradictions arise between the abovementioned Law No 27,610 and the Argentine Civil and Commercial Code, mainly concerning persons with disabilities absolutely unable to interact with their environment, and thus unable to express their consent. This paper aims to cast light on this contradiction and pose it as a problem in pursuit of regulatory harmonization so as to prevent it from leading to either human rights violations or misinterpretations in practice. The framework of this paper is within the recent enactment of the abovementioned law which gives access to the voluntary termination of pregnancy. Hence, this has become a historical and legal milestone, not only in this country but in all Latin America. This paper aims to provide some contributions and answers to issues still open which are posed as challenges by the recent application of Law No 27,610 with the strong belief that this will contribute to the anticipation, prevention and resolution of legal conflicts in this field.

Understand the meaning, content, and scope with which the right to work is legally recognized at the international level. Analyze its evolution in our country until its definitive constitutional inclusion in 1994 and explore the possibilities of the Right to Work to act as a protective limit against arbitrary dismissal. We begin the development of this article by highlighting the main instruments that refer to the right to work, either directly or indirectly. Then we describe its constitutional reception process. Finally, starting with the question whether a rigth to work without stability is possible, if its constitutional is enough for this purpose and what would be the best way to guarantee the right to work, we appeal to comparative law and to Ferrajoli s guarantee theory (2001), in a inescapable compatibility test between an improper relative stability system like ours and the concrete possibilities of guaranteeing its respect. A first general review of international instruments allowed us to have a comprehensive notion of the international law system and more particularly, of the protective framework of labor in the world. We also discovered that its constitutional reception was not without contradictions or setbacks and that was built in various stages represented by different historical moments, state models and constitutional reforms, each one impregnated with its own ideology and that this produced important consequences. Finally, we conclude that the system of improper relative stability like ours is incompatible with the possibility of guaranteeing respect for the right to work.

This chapter analyzes the case law issued by the Human Rights Committee and the Inter-American Court on issues associated with sexual diversity. In particular, cases related to sexual orientation and gender identity that have been known to both international bodies were examined. It is concluded that although the case law criteria expressed in the respective cases represent an important formal advance regarding the recognition of human rights —as the cases themselves are referents that generate relative judicial and symbolic transformations— they certainly increase the challenges for the generation of transformative social changes for groups of sexual diversity, who continue to bear multiple discriminations in daily practice.

The present work shows an analysis of the motives, incorporation and scope of the regulation of the alternative mechanisms of conflict solution (hereinafter MASC) and Restorative Justice, in the criminal sphere. For this, a qualitative, doctrinal study of international and comparative law is carried out between the countries of Ecuador and Mexico. It is concluded that, Mexico regulated the access to justice through the MASC: arbitration, mediation and conciliation as a human right. Restorative justice is implemented through the restorative board and alternative methods. Ecuador, on the other hand, incorporated conciliation in minor offenses, mediation in cases of adolescent offenders; it does not contemplate restorative justice and the restorative approach has not been consolidated. The challenge to resignify criminal justice continues for both countries.

The purpose of this paper is to propose the hypothetical construction of the fundamental right to social development free of corruption, to constitute itself as an attempt to academic improvement of the notions of the right to development, social development, durable development, sustainable development and development. sustainable, as well as the graphic representation of corruption proposed by Robert Klitgaard, through a scheme that proposes to integrate the functions of the State, the obligations of the authorities in the matter of human rights, the right of access to public information, accountability and the coordination between the authorities of the competent government orders in the prevention, detection and sanction of administrative responsibilities and acts of corruption, as well as in the supervision and control of public resources, and the responsibilities of public servants.

One of the consequences of globalization is the increased movement of goods, workers, and the migration.  To make this possible, it is necessary to have compatible legal frameworks (homogeneous or harmonized) and for this reason Comparative Law is reaffirmed as an indispensable research tool for the safeguarding of the rights of migrants. This article presents the results of a documentary research, whose objective is to expose the theoretical and practical bases of current Comparative Social Law; developed under the deductive method; whose main result is to show one more function of Comparative Law. The article value also focuses on the delimitation of the nature, function, methodology and establishes as the main novelty a proposal of the comparative process in the specific matter of Comparative Social Law. All this leads to the conclusion that Comparative Social Law is a dynamic right in construction, whose object of study is based on the comparison in different normative sets of two human rights: the right to work and to social security.

In this article, the authors undertake a solid comparative analysis about the elements of Mexican punitive damages, the negligence and unlawfulness threshold necessary for its award, and provide a method for its quantification. Despite the great efforts made by Mexico’s Supreme Court of Justice to incorporate this type of damage in Mexican law, there was still no clarity regarding the elements to be considered for its award, the threshold that must be reached in each one of them or the formula to quantify them. This article attempts to fill in these gaps by using the functional method of comparative law; which makes it an invaluable contribution to the scholarly on the subject.