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546,196 artículos
Año:
2022
ISSN:
2448-7899, 1870-4670
Calvo Gallegos, Francisco Javier
Instituto de Investigaciones Jurídicas
Resumen
The growing use of Artificial Intelligence around the world certainly produces enormous advantages and opportunities, but it also generates significant challenges. The main one, and already verified, is the risk of hiding or even intensifying discrimination. In anticipation of a possible European regulation —announced when this work was written—, this essay aims to analyse, on one hand, the factors that causes these biases, the anti-discrimination regulations response, and the important role that European data protection regulation must play in this field. The paper ends highlighting the need for a multidimensional intervention, which, not only avoids the possible inequalities and social exclusions motivated by the IA, but also guarantees a safe, ethical and robust AI, with the support of the social responsibility of enterprises.
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Año:
2022
ISSN:
2448-7899, 1870-4670
Lázaro Sánchez, José Luis
Instituto de Investigaciones Jurídicas
Resumen
The relationship between ideology and labour relations has recently taken a certain role as a result not only of the exercise of a fundamental right for a employed people, but also because of the ideological neutrality that companies have adopted as a premise in the management of their human resources, and in the demostrations that the workers are allowed of this nature. Also because of the tendency in some companies to make decisions in the field of labour relations based don ideological criteria. And one of the most controversial areas for the exercise of fundamental Rights in labour relations is that of so-called trend companies.
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Año:
2022
ISSN:
2448-7899, 1870-4670
Derecho Social, Revista Latinoamericana de
Instituto de Investigaciones Jurídicas
Resumen
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Año:
2022
ISSN:
2448-7899, 1870-4670
Derecho Social, Revista Latinoamericana de
Instituto de Investigaciones Jurídicas
Resumen
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Año:
2022
ISSN:
2448-7899, 1870-4670
Vargas Ruiz, María Magaly
Instituto de Investigaciones Jurídicas
Resumen
In Mexico, the right to health is constitutionally protected; It imposes a progressive obligation on the State, subject to financial capacity. The Health System is the institutional guarantee for its implementation; This System was recently reformed, on November 29, 2019, to provide free health services, medicines and other supplies to the population without social security; as well as, to achieve the adequate integration and articulation of its institutions. Objective. Analyze the Mexican Health System as responsible for the institutional guarantee of the right to health. Methodology. A legislative analysis of the reform of the legislation related to the protection of the right to health was carried out, compared vs. the immediately preceding one. Results. It was found that the latest reform of the Health System would imply an important structural modification; as well as its sources of financing; However, as the organization of the health system is not substantially modified, it is limited to a nominal change influenced by the political context and its main actors, rather than by the need to institutionally guarantee the right to health towards universal coverage independently. of employment status or type of citizenship. Conclusions. The inclusion of fundamental rights in the field of health implies the implementation of public policies aimed at universal and equitable access to health; however, the fragmentation of the Health System is still the main challenge.
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Año:
2022
ISSN:
2448-7899, 1870-4670
Torres Bernal, Gladys Carolina; Fonseca Alfonso, Yair Leonardo
Instituto de Investigaciones Jurídicas
Resumen
As a result of the boom in collaborative economy applications, service provision has multiplied through different means than the classic employment contract, it is generating high levels of informality and instability in the job. Thus, the present article of reflection has two objectives: to propose a critical-propositional analysis of the new contracting trends through mechanisms that diverge from the traditional labor contract; and to study in profoundness the impact of these new forms of connection and its consequences on Colombian law. From the above, with a qualitative and theoretical methodology, of inductively and based on theoretical approaches, it is propones as a research hypothesis the need to propose a legal reconfiguration to protect the people who provide services through computer applications. Finally, the main research result is the identification of those characteristics that allow establishing the existence of a true labor relationship within the new forms of collaborative economy that operate through digital applications, those are under the protection of International Labor Standards. and of the constitutional principles of worker protection, inside a spirit of uniqueness of law.
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Año:
2022
ISSN:
2448-7899, 1870-4670
Santos Carvalho, José Lúcas; Davila, Flávia de
Instituto de Investigaciones Jurídicas
Resumen
The Brazilian constitutional amendment 81/2014 predicted the expropriation of goods derived from the exploitation of slave labor. Nevertheless, such alteration is understood as a norm of contained efficacy that depends on infraconstitutional regulation. Therefore, there was a transfer of the solution to another moment to characterize a symbolic constitutionalisation as a formula of dilatory commitment. At the same time, the Brazilian parliament seeks to reduce the scope of the concept of slavery and Brazil is urged internationally to improve its mechanisms to combat slavery. This article, using the theoretical contribution of the philosopher Giorgio Agamben, argues that a symbolic constitutionalisation is a tool of sovereign power, in the exercise of its tactics of control and maintenance of power over a life, to maintain the structure of Brazilian society based on a biopolitical control of exclusion-inclusion of the living subject, in this case, the slave laborer thus consolidating bare life in contemporary society.
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Año:
2022
ISSN:
2448-7899, 1870-4670
Reynoso Castillo, Carlos
Instituto de Investigaciones Jurídicas
Resumen
The applicable legal framework for labor unions is one of the main subjects in the recent Mexican labor reform, in which employee participation takes relevance. This paper explains the various mechanisms of democratic participation that the workers will count on to have their opinions considered in primordial subjects such as the choice of union leaders, collective bargaining, and strikes.
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Año:
2022
ISSN:
2448-7899, 1870-4670
Pérez Villa, Pastor Emilio; Montoya Agudelo, César Alveiro; Uribe Castrillón, Víctor Hugo; Vásquez Mira, Miguel Ángel; Ortega Barro, Ana Cristina
Instituto de Investigaciones Jurídicas
Resumen
In this paper, a review of the existing public policies regarding SSE in both Colombia and Mexico is carried out to later fulfill the objective of this article: to analyze the importance of the educational element of solidarity that leads to increasing participation. Of society in the preparation, improvement and strengthening of public policies for this sector and the development of social organizations in the territories of both countries. In the same way, some existing educational projects in Mexico are addressed to strengthen solidarity education, as well as the Socio-Entrepreneurial Educational Project —PESEM— elaborated in Colombia and based on a didactic proposal based on an education that places life at the center of the teaching-learning process, based on sustainability and values to promote change initiatives in the territories. This is a reflective and purposeful work that starts from quantitative research that was based on the application of instruments to obtain information, the same project in which a qualitative methodology was applied for the collection of primary information, as well as for the analysis of the results and the development of a strong proposal. Likewise, qualitative research is considered when carrying out the collection of longitudinal and cross-sectional theoretical documentation on the policies of S&H and the existing solidarity educational projects in Mexico. In this way, this article is also analytical and comparative in nature, as it analyzes the importance of the educational element of solidarity in both countries and its impact on SE&S public policies.
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Año:
2022
ISSN:
2448-7899, 1870-4670
Analysis of Abandonment in Labor Matters and its Impact on Due Process and Ecuadorian Legal Security
Pozo Villamil, María de Lourdes del; Zuleta Sánchez, Andrea Gabriela
Instituto de Investigaciones Jurídicas
Resumen
The objective of this work was to determine whether or not it is appropriate to apply the procedural sanction of abandonment in labor matters in Ecuador based on the analysis of the last reform of the General Organic Code of Processes, COGEP, of June 2019, we proceeded to analyze the constitutional effect of the reform to the Ecuadorian procedural norm in labor matters. For which the descriptive and historical legal analysis methodology and study of comparative law were used. From which it was concluded that the possibility is left open that a labor process can remain active for many years through the filing of a labor lawsuit, in which an actor who has not appeared at the hearing on repeated occasions can return to request the convocation of the same; thus causing an unnecessary expenditure of resources of the Ecuadorian justice system, without said actor having a sanction for it. Said reform has not been analyzed by national writers, the present work sought to analyze the scope of said provision with its respective implications on legal security and due process.
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