ISSN: 2310-2799
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636,460 artículos
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Año:
2025
ISSN:
2448-4881, 1405-9193
Altavilla, Cristian
Instituto de Investigaciones Jurídicas, Universidad Nacional Autónoma de México
Resumen
This paper’s aim is to analyze the financial constitution in the constitutional reform of 1994, thirty years after its sanction, understanding by financial constitution the set of constitutional provisions that regulate and define the fiscal competence, distribute the tax powers and the spending powers between the different levels of government. With this purpose in mind, the paper will analyze the norms incorporated into the constitutional text, to conclude with some conclusions about their impact on intergovernmental fiscal relations in the last thirty years.
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Año:
2025
ISSN:
2448-4881, 1405-9193
Aravena Flores, Marcos Antonio
Instituto de Investigaciones Jurídicas, Universidad Nacional Autónoma de México
Resumen
The Chilean penal system has shown an incipient commitment to the incorporation of the gender perspective, which has allowed for a critical analysis of institutions that have implicitly perpetuated structural discrimination against women and that have not been adequately addressed by our legislature, as is the case with self-defense. The dogmatic and jurisprudential study reveals that the gender perspective has allowed the courts to reinterpret self-defense in a fairer and more equitable manner for women who have been victims of violence, considering violence as a continuous phenomenon and not as an isolated event. The results suggest that it is essential to continue to develop regulations that ensure equality and justice by promoting a gender-sensitive approach to the judicial system. The conclusion emphasizes that this change not only responds to a social demand but also complies with international obligations to protect and promote equal relations between men and women.
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Año:
2025
ISSN:
2448-4881, 1405-9193
Pereira Passos, João Pedro
Instituto de Investigaciones Jurídicas, Universidad Nacional Autónoma de México
Resumen
This article examines the importance of the integrity and reliability of digital evidence in criminal proceedings, highlighting the lack of standardization and scientific validation of such evidence in Brazil. The bibliographic and documental review, covering the past 20 years, revealed that the absence of specific standards compromises the reliability of digital evidence, threatening the presumption of innocence and the right to a fair trial. Issues such as data manipulation and false digital memories are discussed, emphasizing the need for clear guidelines for the collection and analysis of digital evidence. Modern artificial intelligence techniques are essential but pose challenges that need to be addressed. The article concludes with the urgency of legislative intervention to establish minimum standards and the adaptation of procedural safeguards to address the challenges of technology-assisted investigations. International cooperation is crucial for the harmonization of digital forensic standards and the assurance of justice.
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Año:
2025
ISSN:
2448-4881, 1405-9193
Vázquez Sánchez, Omar
Instituto de Investigaciones Jurídicas, Universidad Nacional Autónoma de México
Resumen
This paper presents a series of legal conflicts between the Legislative and Judicial powers of the State of Tlaxcala, especially, it analyzes the constitutional controversy 138/2008; in its decision, the SCJN determined that, effectively, the local Legislative Branch omitted to incorporate some aspects of the integration and operation of the Judicial Branch; however, in its ruling, the Court also validated the democratic procedure for the selection of magistrates developed by the local deputies in 2008; despite this, in 2011, while Tlaxcala legislators and magistrates litigated the evaluation and ratification of the latter, the reforming power of Tlaxcala decided to eliminate the aforementioned selection procedure, returning to the Executive Power the power to propose a shortlist of three candidates for Congress to appoint the person who will perform the function of magistrate.
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Año:
2025
ISSN:
2448-4881, 1405-9193
Montaño Escobar, Juan Carlos
Instituto de Investigaciones Jurídicas, Universidad Nacional Autónoma de México
Resumen
The Ecuadorian Constitutional Court, in its jurisprudential work since 2019, has been issuing a series of rulings and resolutions that have caused a radical change in the social and legal context of the country, which have covered some topics that at the time, they would have been inconceivable to recognize them in the profuse field of constitutional-jurisprudential law. Thus, the present investigation is focused on expressing some thoughts regarding the controversial ruling No. 67-23-IN, which in essence declared the conditioned constitutionality of article 144 of the Ecuadorian Penal Code, that is, allowing euthanasia in the people who require it, considering the conditions and demands that appear in said type of jurisprudence and to the extent, establish the correctness of this fact in Ecuadorian history.
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Año:
2025
ISSN:
2448-4881, 1405-9193
Rosales García, Carlos Manuel; Morales Gómez, Danitza
Instituto de Investigaciones Jurídicas, Universidad Nacional Autónoma de México
Resumen
Political reforms to the normativity are the seal of each government, and this allows materializing of ideological projects. The factions in power can certainly propose and implement changes or adjustments to the law as part of their positive powers. However, what is the limit of the pretensions of political groups or charismatic leaders. This article analyzes the recent reform of the Judiciary emanated from the federal executive in Mexico, and whether it generates a better democracy or demerits the judicial function.
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Año:
2025
ISSN:
2448-4881, 1405-9193
Esquivel Alonso, Yessica
Instituto de Investigaciones Jurídicas, Universidad Nacional Autónoma de México
Resumen
In modern representative democracies, the inclusion in public service of certain minorities and historically discriminated or excluded groups has become a means to achieve greater and more complete social representation. In this context, this article presents in general terms, through the analysis of judgments, some experiences of the Mexican case, in which the Mexican Electoral Court of the Federal Judiciary has resolved the appropriateness of specific “affirmative actions” in favor of the access of certain sectors of the population to popularly elected positions and public discussion forums.
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Año:
2025
ISSN:
2448-4881, 1405-9193
Chaiña Durán, Renzo Joel
Instituto de Investigaciones Jurídicas, Universidad Nacional Autónoma de México
Resumen
The paper analyzed the abstract validity of one of the conditions that enables preventive detention, the danger of obstruction or hindrance, understood as the risk of affecting the evidentiary phenomenon of the criminal proceeding. To this end, the state of the art on this procedural risk was developed, to then apply the test of proportionality in its basic structure and the respective judgments of suitability, necessity and weighting. It was concluded that preventive detention due to the danger of obstruction is partially suitable, since it is positive in quantitative terms, but negative in qualitative and probabilistic aspects; unnecessary, since the alternatives are more suitable and less restrictive; and disproportionate in the strict sense, given the unjustifiability of the disadvantages of the disadvantages that accompany it, so that this measure did not pass the test of proportionality and is unconstitutional.
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Año:
2025
ISSN:
2448-4881, 1405-9193
Mendoza Juárez, Alfonso
Instituto de Investigaciones Jurídicas, Universidad Nacional Autónoma de México
Resumen
Since the constitutional reform of 2011, there are various elements that need to be deepened, such as the recognition of the status of victim of human rights violations. In this regard, the Supreme Court of Justice of the Nation has considered the active care that the direct victim receives both before and after the victimizing event in order to recognize the status of indirect victim.
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Año:
2025
ISSN:
2448-4881, 1405-9193
Fierro Rodríguez, Diego
Instituto de Investigaciones Jurídicas, Universidad Nacional Autónoma de México
Resumen
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Hecho en México, Universidad Nacional Autónoma de México (UNAM). 1997-2025.
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