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

The COVID-19 pandemic has triggered a series of restrictive measures for human mobility worldwide to contain the spread of the virus, however many of them are unreasonable or disproportionate for the intended purposes of public health or violate human rights provisions. This article deals with the question of how emergency responses to contain a health crisis, by means of measures restricting the entry of foreigners into a country, can violate the human rights of persons in mobility, having as context of analysis the Brazilian case. The article discusses the debate on the securitization of borders in the context of the pandemic. The methodology used consists of the critical analysis of the all ministerial ordinances (administrative ordinances) issued by the federal government in 2020 on temporary restrictions of foreign entry into Brazil during the COVID-pandemic19, criticising its provisions that violate the human rights of people in mobility, who are outside the standards established in health and human rights regulations.

The effective guarantee of human rights requires a permanent dialogue and construction between the Inter-American Court of Human Rights —hereinafter also the IACHR Court— and the highest courts of constitutional justice. The IACHR Court, in a solvent and extensive manner, has developed the theory of conventionality control, as a way to ensure consistency between domestic legislation and the American Convention on Human Rights —hereinafter also the Convention or ACHR—. This theory complements and must be articulated with the system or models of control of constitutionality provided by each of the countries subscribing to the Convention.In the case of Ecuador, the control of conventionality and the control of constitutionality are intertwined by the principle of direct application of the Constitution and international human rights instruments, a very complex situation, especially when it comes to refrain from applying a rule of legal rank to give way to the direct application of a rule contained in an international human rights instrument. Therefore, this essay is concerned with analyzing this dilemma based on the dogmatic study of the control of constitutionality and conventionality, in order to determine the viability of the direct application of international human rights instruments in our legal reality.

During the gradual massification and incorporation of multiple information and communication technologies into people’s daily lives, the labor sector has been no exception. Since, with the disruptive adoption of teleworking across the board at public and  private levels, this is seen as a shocking measure to combat the economic ravages of COVID-19. It imprints particular circumstances concerning the elements that strengthen the behaviors of disciplining, subjugation and domination; from the digital tools on the so-called teleworkers today. Being the central theme of this research article. This article aims to evaluate the role of teleworking in today’s societies of control, starting from Foucault’s disciplinary societies, then involving Deleuze’s societies of control, and finally contrasting it with Byung-Chul Han’s Big Data. The analysis is developed from texts and articles that study telework, disciplinary societies, and societies of control in the postmodern era in depth. These themes are worked on by authors from the sciences of law, sociology, and philosophy, who have managed to catalyze their knowledge and efforts to give shape to this new phenomenon.

The criminalization of the commercial bribery in the Código Orgánico Integral Penal (COIP) is part of an expansive and intensive current of criminal law that is not exclusive or autonomous for Ecuador. In the fresh anti-corruption legislation, several important issues can be observ ed, perhaps originated from the conflict that exists with the limiting principles of Criminal Law, within the constitutional system of rights and justice, as well as other unknowns when interpreting the objective elements of the offence, especially if we consider the criminal policy that seeks to satisfy this need. Applying an analytical and comparative methodology to these current issues, the Spanish experience in criminal matters can serve as a guide, since it incorporated a similar figure into its legislation more than a decade ago. From this perspective, some conclusions may be established that will emphasize the need to amend the Comprehensive Organic Criminal Code to prevent foreseeable problems in the application of the new offence.

This text highlights the type of constitutional control in Ecuador from the constitutional design of 2008. After briefly exposing the origins of constitutional control, its classics (concentrated/European control and diffuse/American constitutional control), and as it has given way to a hybridization of the same, transcending the explanations of geographical and political origin of the models, the article focuses on the institution called the norm consultation as a concrete constitutional control mechanism, inserted in the Current Constitution. From a comprehensive reading of the fundamental text, the ordinary legislation and some central rulings of the Constitutional Court on the subject, the text suggests that there has been an important turn in the original version of said institution (control of constitutionality in consultation of normative ), which initially has been described as a concentrated control of constitutionality, opening the way to a new discussion, by way of jurisprudence, on a type of control of mixed constitutionality as established at the time by the Ecuadorian Constitution of 1998. This fact It demonstrates the importance of constitutional jurisprudence within the source system, while it allows knowing the new horizons on the discussion in the Ecuadorian case.

The constitutional control is the basis of the constitutional state, whether it is reviewing concrete regulations in a judicial process or as an abstract review of the legislation. Therefore, the purpose of this essay is to approach constitutional control in Ecuador from a theorical and philosophical point of view, without intending to exhaust such an approach, task neither possible nor desirable. With this in mind, What is constitutional control? What is its theorical support? What is its philosophical and historical background? How is it done? What criticism has been made in this regard? are the questions that this article seeks to answer based on general ideas and arriving at concrete current legislation. Given these points, it reviews the theoretical notion of the validity of norms, the conceptions of iusnaturalism and legal positivism, the historical emergence of the constitutional state; and also, more specifically, the systems of constitutional control and how it is done in the Ecuadorian state. In addition, the text goes over a well-known critique of neo-constitutionalism and leaves open the question about the need for a convergence of antagonistic legal conceptions.

In this paper, the social context of Montuvian women will be analyzed to understand their sociocultural situation. Through secondary sources, the topic of gender violence in public and private spaces will be analyzed, triggering institutional violence that they suffer when they go to protective and judicial institutions that serve the victims. The elements of intersectionality that influence the justiciability of Montuvian women´s rights will be studied. This contribution will address the feminization of poverty due to inequality, resulting from being under a patriarchal dominance structure. An analysis of poverty is also presented as a global phenomenon that mainly affects Montuvian women since in this group, lack of schooling, access to work and adequate housing perpetuate their situation of social inequality.Research on gender violence in Montuvian women was carried out through case studies, the main tools being interviews to analyze the stories of women who manifest discrimination, precariousness, rurality; evidencing a complex scenario of vulnerability.

The articles that have been published in Spanish on the Weimar Republic suffer from two weaknesses. On the one hand, they deal with very specific topics of this historical period; on the other hand, their writing is too dense or arid. These vicissitudes sometimes distance the reader from a topic that would undoubtedly enrich his education, especially in the areas of constitutional law and legal philosophy. In this sense, there is a need for a text that allows the reader to approach a stage in the history of Germany characterized by the important legal contributions. A document with the aforementioned characteristics would be a starting point for a deeper reading. The general aim of this paper is to provide an overview of the Weimar Republic. As a particular objective, the main ideas of Rudolf Smend, Hermann Heller, Carl Schmitt, and Hans Kelsen are explained. The methods used are historical, deductive, and analytical. The present work is composed of three main sections. First, an introduction to the Weimar Republic is presented. Second, the main ideas of the proposals of the four jurists mentioned are explained.

This article addresses a novel modality of constitutional review applied in Ecuadorian constitutional justice: the faculty of the Constitutional Court to declare related statutes unconstitutional ex officio. As its scope remains unclear, it is due to the ambiguity of the legal standards that govern this mechanism, its recent addition to the system, and the lack of studies about it. Firstly, the objective of this essay is to analyze the content of legislation and jurisprudence about the declaration of unconstitutionality of related statutes for understanding its principal attributes in the Ecuadorian legal context. Secondly, the purpose is to comprehend the main critical points that contribute to the difficulties associated with the utilization of this faculty. For that matter, the focus of the analysis will be the applicable rules, emphasizing case law. Even though the Constitutional Court has applied this mechanism numerous times, it has not answered many doubts about its implementation. The development of guidelines for the implementation of this faculty has only begun since issuing judgment 1024-19-JP/21 in 2021.