ISSN: 2310-2799
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546,196 artículos
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Año:
2022
ISSN:
2393-6193, 1510-3714
Moglia Mariñas, Bruno
Universidad Católica del Uruguay
Resumen
This jurisprudential analysis focuses on freedom of expression, specifically, its treatment in the judgment Granier et al. v. Venezuela of the Inter-American Court of Human Rights. This right is studied because it is a fundamental mainstay of democratic and plural societies. It presents a descriptive structure, providing a brief and direct exposition of the facts of the case, looking at the reasoning of the arguments put forward by the parties and the statements specified by the Court. Different indicators allow obtaining an approximation to the social and political context, both Venezuelan and regional. The analysis leads to a hypothesis on the importance of human rights protection systems and inter-state bodies, as they are directly proportional to the quality and adherence of nations to democratic values.
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Año:
2022
ISSN:
2393-6193, 1510-3714
Rodríguez Almada, Pablo
Universidad Católica del Uruguay
Resumen
This article analyzes judgment No. 38/2021 dated April 5, 2021, issued by the 9th Shift Family Law Court and judgment No. 9/2021 dated May 3, 2021, issued by the Court of Family Appeals of 2nd Turn, confirming the first instance, with two disagreements. Said sentences resolve the controversy of an amparo action promoted by one of the families of the New Beginning [Nuevo Comienzo] settlement, after the judicial decisions to vacate the occupants of said settlement. The positions adopted by the Family Law Judge of the 9th Round, the majority of the Family Court of Appeals of the 2nd Round and the two discords to said sentence of second instance are analyzed. It concludes that the control of constitutionality and conventionality carried out by the judges allowed arriving at innovative solutions that protect the rights enshrined in the Constitution and in international human rights instruments.
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Año:
2022
ISSN:
2393-6193, 1510-3714
Arias, Sebastián; Hirschlaff, Alan
Universidad Católica del Uruguay
Resumen
Tracking Stocks are a type of shares that have found support in different comparative law corporate legislation. These shares undoubtedly respond to the new demands of the market, and are a fundamental tool in corporate matters. With a new projection of reform of the Commercial Companies Law, in particular of section 307, the tracking stocks become a legislated reality. For these reasons, this paper seeks to address the particularities of this institute, its legal nature, what practical implications it has regarding the economic and political rights of shareholders, and in particular, what have been the arguments put forward by our national doctrine to consecrate them even without express legislation. Having established these bases, the reader is introduced to the changes and solutions implied by its regulation in the projected reform, concluding with some considerations that the topic under study has deserved.
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Año:
2022
ISSN:
2393-6193, 1510-3714
Cristancho Diaz, José Reynel
Universidad Católica del Uruguay
Resumen
This paper takes a look at the multiple decisions in which the Constitutional Court of Colombia analyzes the precautionary principle, describing its content and scope, as well as the obligations placed on public authorities and individuals through it. In particular, it examines the influence that this principle has had on the control of national policy on the eradication of illicit crops and how the Court’s position on this matter is not only in accordance with the domestic legal order, but also to international standards in the field.
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Año:
2022
ISSN:
2393-6193, 1510-3714
Barroilhet, Agustín
Universidad Católica del Uruguay
Resumen
On October 31, 2008, Satoshi Nakamoto published his famous White paper with the technical, computational, and ideological foundations of cryptocurrencies. On January 3, 2009, Bitcoin was launched. Cryptocurrencies and distributed ledger technologies are, thus, in their teens but their following different paths. In this paper I analyze how the technology of cryptocurrencies has matured, especially regarding distributed registry structures, and how the latter have consolidated a transforming potential in law and in the economy that we are just recognizing. This maturity is contrasted with the threats that hang over cryptocurrencies themselves. The financial and sustainability problems of some of the most popular currencies have already been repeatedly denounced. What is more, now monetary authorities and central banks are studying issuing digital assets (CDBC) that provide some of the benefits currently provided by cryptocurrencies. This could substantially reduce the market share of the latter and, therefore, their exchange value or use value.
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Año:
2022
ISSN:
2393-6193, 1510-3714
Sanjurjo, Diego; Trajtenberg, Nicolás
Universidad Católica del Uruguay
Resumen
This chapter gives a general overview of policing in Uruguay with a particular focus on the Uruguayan National Police, the most important security actor in the country. To this end, we examine the history of the police force from its origins in 1829 to its recent modernization efforts in the 21st century. Also reviewed are its current institutional arrangements, strategies, capacities, and relations with the public. In this respect, the Uruguayan police is often considered an outlier in Latin America due to a series of institutional and operational reforms that were praised on multiple occasions by international organizations. However, along with recent modernization efforts came a drastic increase in crime and violence, which has called these efforts into question and left the direction of future changes in the air.
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Año:
2022
ISSN:
2393-6193, 1510-3714
Rodríguez Arana, Jaime
Universidad Católica del Uruguay
Resumen
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Año:
2022
ISSN:
2393-6193, 1510-3714
Risso Ferrand, Martín; Garat, María Paula; Asencio De León, Dafna; Brun Pereira, Martina; Carrique Fernández, Agustina; Furtado Duarte, Brahian; Hernández Rimoldi, Belén; Martínez Carlis, Eloísa; Menéndez Domínguez, Santiago; Moglia Mariñas, Bruno; Painceira Cambón, Sofía; Pereyra Burghi, Federico
Universidad Católica del Uruguay
Resumen
This paper presents the results of the research on the principle of equality in the jurisprudence of the Supreme Court of Justice of Uruguay developed by a group of professors and students of Constitutional Law at the Universidad Católica del Uruguay. The research analyzed 360 sentences issued by the Uruguayan Supreme Court of Justice in unconstitutionality processes, between the years 2012 and 2021. The study does a particular consideration on issues that are important both on the treatment and on the development of application of equal principle, on the use of legal tools to resolve cases (“triple test” or proportionality principle), also on the invocation and application of the non-discrimination principle, among other current issues. The research shows a favorable development in such matters, and a shortcoming in others, being its attention relevant due to the significance that this principle has for the Rule of Law.
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Año:
2022
ISSN:
2393-6193, 1510-3714
Cordeiro Candido, Joelma
Universidad Católica del Uruguay
Resumen
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