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

This paper refers to the implicit powers of the arbitrators. They are on the same level as the effects of any contract, with the particularity that they are not explicitly provided for by law nor by the parties, but represent natural expressions of the deployed function.

This article aims to specify a coherent and useful interpretation of feminicide behavior (or as preferred by the author “femicide”), which is included, in a non -uniform manner- in several criminal definitions in Latin American legislations. Indeed, the author asserts the need for an individualized criminal protection of women against gender violence, and confirms the praiseworthy work it is being done in Latin America, yet femicide as a criminal offense in the region is not defined accurately. Thus, the author concludes this is the reflection of a criminal policy that suffers from inaccuracies, duplicities and, in some cases, excessive punitiveness. The author questions the criminal definition of femicide as the death of a “woman because of her condition as such” or other similar definitions that include the murder of a woman because of the mere fact of being a woman. When referring to the death of a woman committed by her partner or former partner, the author characterizes feminicide as a form of violence which constitutes an instrument of discriminatory domination, in other words, violence against women with the purpose of maintaining or re-establishing unequal power relationships or simply to reaffirm the discriminatory sense of his act, denying the victim his right to equality. From this perspective, the author discusses considering partner or former partner femicide as a hate crime, since the characteristic of this criminal definition is its collective dimension (the implicit threat to the collective) and the parallel fungible condition of the victim. In the opinion of the author, in partner or former-partner femicide the woman’s death is related to both the bias that exists towards women, how they should behaved (machismo), and what was expected of the victim (as herself). It is an individual phenomenon, of only one dimension. Under all these considerations the text culminates analyzing the Peruvian criminal type of femicide, acknowledging some successes but also reiterating their mistakes. 

This article analyzes the criteria to determine when a company has failed to meet it is duty to manage the risks of bribery that arise over the course of it is economic activity. Special emphasis has been placed on the establishment of requirements for identifying such risks with the purpose of being able to adopt measures to counteract them later. The article analyzes comparative experience, both in relation to the technical guidelines that come from compliance studies, as well as the studies of criminology of corporate crime. Those experiences are explored to identify a series of structural and cultural variables that would predict the commission of crimes and, therefore, require their identification by the company.

Stock exchanges are vital agents for capital market development and the stock market of a country. This article defines «stock exchange» in Colombia and analyzes its characteristics from a legal, financial and market point of view. Furthermore, this article reviews the contractual relationship between the Colombian Stock Exchange and the market agents, especially with the Colombian Stock Brokerage Firms, in order to conclude the existence of both dominant position and a monopoly that favors the Colombian Stock Exchange. Finally, the «Service Level Agreement» is proposed as a way to alleviate both the monopoly and dominant position’s effects of the Colombian Stock Exchange. For the relevant purposes, this article was developed by using the dogmatic-legal investigation, jurisprudential, and legal analysis method, and through the use of methodological, descriptive, comparative and propositional tools.

The purpose of this document is to analyze, based on technological criteria, regulatory standards and international recommendations, the impact of blockchain technology on credit markets and how such dynamics could have direct effects on Latin American markets, i.e., producing greater efficiency and financial inclusion in the region. For this purpose, the scope of blockchain technology will be contextualized, the possible applications of said technology in the financial markets will be developed, and finally the regulatory proposals on the application of said technology in the Latin American credit markets will be analyzed in relation to risk management and financial inclusion.

The system of precautionary measures in both Nicaraguan constitutional and administrative justice has been based on the traditional suspension of the administrative act, without taking into account that, for example, in administrative inactivity there is no act to suspend, but it has not been regulated as part of effective judicial protection, approved in the recent constitutional reforms, proper to due process and minimum procedural guarantees. This closed system has lagged behind in relation to the open nature of numerus apertus, of unnamed measures, foreseen in Spanish, Colombian comparative law, among others, above all in the regulation of the concurrence of causes of the danger of legal harm by the delay of the final judgment (periculum in arrears) and the fumus bonis iuris or appearance of the good right. In this context, before the approval of a new Nicaraguan administrative litigation regulation, we have the opportunity to influence the development of this matter, offering lege ferenda proposals.

Efficient solutions are difficult to adopt, as they comprehend a large amount of information and require identifying an optimum point, which weighs up the benefits and costs involved. One means of simplifying this task arises with the final offer rule (the judge accepts the position of one or the other part, in a complete way). The Chilean electricity system provides for a rule of this nature to rule on disputes, which come before the so-called «electrical panel». This article will discuss the rule’s considerations of efficiency and the complexities, which the final offer presents for traditional procedural principles. A rule acclaimed by economists for taking decisions could cause lawyers to reconsider the mechanisms for resolving certain disputes.

The present article analyses various aspects which should be restated because of the widespread usage of drones in the current society, thus as the criminal consequences due to the use of these gadgets. Accordingly, the aim of this writing will be to give possible solutions to the problematic related to commission of crimes because of the use of a drone, paying attention to classical arguments about the criminal law, which is possible to implement. Therefore, a system is collapsible in which it will be preponderated a specific law above another, whereby it always will exist a criminal law applicable to avoid the impunity of the crime committed by a drone.

The protection of old age has become a constant concern in recent years. Within this, the protection of dependent adults is presented as a new social risk for social security. This approach is the one addressed in this work, for which the French model of dependency protection is used. It is argued that Chilean security can follow this approach. It is considered necessary to be able to identify and analyze the elements of dependency benefits of the French legislation that allow sustaining that the dependency can be protected by the Chilean social security system. The elements presented will allow the development of a more informed debate about the protection of an increasing group in Chile.

The huge amount of work accidents in Peru has not produced the implementation of policies aimed at reducing occupational accidents rates. Not only that, there is a certain passivity with informal business and persons who break the law, even when it creates risks to workers’ lives. Criminal Law is the best example, because criminal rules do not apply in fact. We have a symbolic norm; that means a situation that counteracts the preventive effect of Criminal Law. In other words, the legislator has weakened non-criminal instances excluding punishment even for the most serious behaviors in which workers’ lives are endangered. In this context, compliance programs play a big role in labor risk prevention and, therefore, in the reduction of criminal rates.