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

What is the basis of the crimes perpetrated by State officials (special delicts)? The answer to this question was not always important in the history of the penal doctrine, because only from the work of Claus Roxin was renewed the debate on this type of crimes. The different positions in discussion take their arguments back to the very same concept of a punishable act, whether it is understood as the injury of an interest or as the injury to the validity of the rule. Peru has not been a scenario alien to this debate, since the arguments of the various Supreme Court rulings in the proceedings against Fujimori give proof of this. In this article, it is argued that most special delicts should be understood as special guarantor crimes, because their authors, far from violating a duty, actually have control over the vulnerability of an interest, or over the supervision of a source of danger. This position, which starts from understanding crime as the injury of a legal right, considers that the margin of crimes of duty infringement is very reduced and, most of the times, it does not receive a criminal response. In this way, the position led by Günther Jakobs, which understands crime as an injury to the validity of the rule and, therefore, to special delicts, such as those based on the violation of a special institutional duty, suffers from two conceptual vacuums. On the one hand, it has not been able to outline a necessary differentiation between internal and external duties of an institution. On the other hand, it has not been able to explain why or how the individual injury of an institutional duty could harm the institution as a whole. Finally, we analyze the consequences of these approaches for the dogmatics of authorship and participation, the advantages and disadvantages of the reception of these perspective in the Peruvian and German legal systems; as well as, the validity of functionalism and the problem of private participant.

In the present article, the tax benefits present in the taxes assigned to the Spanish autonomous communities are analyzed; centering the study on those established in favor of the family. Initially, the analysis of the tax benefit carried out by other authors is studied. The concept of fiscal benefit is addressed, as well as the effects that derive from its establishment: equity, equal treatment and monetary allocation in the regulatory laws of each autonomous community and in its annual budgets. This is necessary in order to be able to carry out a qualitative and quantitative analysis in the period under study, from 2000 to 2015. After that, it is also exposed how the tax benefits established in the autonomous communities generate inequalities between citizens in the same event or situation. We analyze qualitatively and quantitatively the differences generated, as well as the allocation in euros per inhabitant, year and autonomous community. Once the analysis described above has been carried out, we can show the great difference that exists between the autonomous communities when it comes to establishing tax benefits in favor of the family; establishing differences between territories and leaving inequality in the allocation visible through tax benefits in euros per inhabitant, year and autonomous community.

The Brazilian Consumer Protection and Defense Act has granted special protection to several categories. In doing so it has in fact recognized the stricto sensu, the bystander, and the collectively protected categories, further  associating prospective protection to all those who may be reached by any number of commerce practices. It has also not waived rights of collective bargaining for consumer demands as fundamental rights. This article seeks to explore whether the current theoretical background that aims to categorize collectives as consumers is enough to deal with the issues within the field. Our hypothesis is that the current background is not sufficient given the need to overcome, through a complex hermeneutic approach, the answers proposed by the dogmatic perspective within consumer studies. Our approach seeks to critically analyze the juridical literature written on the topic in Brazil, mapping decisions written during the almost 30 years of effectivity of the Brazilian Consumer Protection and Defense Act, reviewing each of the current theories on the issue of consumer protection, and finally proposing an overarching theory of consumer protection.

On the occasion of the recent legislative changes contained in the Ordered Text of law 27444, Law on General Administrative Procedure, the legal nature of the most recent exemptions of administrative liability is analyzed. Likewise, a count is made of the exemptions that already existed in the environmental legislation and how they had been operating; in order to see the points of contact between a subjective liability regime, based on guilt, and a relative, risk-based objective liability system.

In this paper I intend to reflect on the inability of functionalist dogmatic currents to contain the ius puniendi of the State. I will also point out what are the reasons of the penal system itself that have led to give the legislator a carte blanche, which has led to an unbridled punitiveness, and what fundamentals are proposed to build a more rational criminal response. By reviewing the current situation of criminal dogmatics, the questions of the method and the object of study of this branch of knowledge, we come to the conclusion of an improper relativism of a knowledge that is intended to be scientific. The rational proposal against this relativism is a criminal policy based on human rights.

This paper is focused on the regulation and institutional development contrasts of planted forests at Northeast, Northwest and New Cuyo regions in Argentina, taking into consideration «traditional» and «extended» environmental sustainability principle parameters. It is important to add that this principle was highly exceeded by other environmental management paradigms, but they are not suitable to be applied to implanted forests regulations in Argentina. Also, it refers to the contribution provided by legal international instruments and regional regulations. One of the most original approaches of this research is that PER indicators (Pressure, Condition and Response) were applied and adjusted to the legal arena. Finally we can state that planted forests regulations focuses on a limited horizon of production maximization, highlighting economic and forests commercial activties.

In this paper we make a critical assessment of some claims made by H.L.A. Hart in his book Punishment and Responsibility. Particularly, two specific theses on responsibility and punishment are addressed: the primacy of liability thesis and the mixed character of the justification of punishment thesis. We introduce both theses and we analyze their explanatory potential through scrutiny of criticisms they have faced.

This presentation is focused on advances and obstacles in the process of the constitutionalization of the Peruvian legal system, as it pertains to private law, labour law, and consumer protection, issues that have primarily been addressed by the Constitutional Court. The purpose of this exercise is to identify some of the strengths of this process, in broad strokes, mostly with regard to the protection of fundamental rights and their enforcement in relationships between private individuals. It also seeks to identify and reflect on —through two cases, one involving the protection of the right to collective bargaining, and the other involving the right to freedom of thought— the limits of constitutionalization, as a process and a result, in political relationships and decision-making.

This article deals with the figure of forfeiture of assets related to crime. The point of reference is Peruvian criminal legislation. Although the analysis focuses on the substantive norms, some procedural considerations are also made.

The aim of the proposed investigation is to revise critically the German reform of the obligations (2002), establishing its main implications and relevance within the process of unification of European Law obligations and contracts, and especially of the so-called soft law.