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

Resumo: O presente artigo constitui uma reflexão crítica acerca dos desafios e possibilidades que se colocam, na contemporaneidade, à avaliação da qualidade de investigação científica, quando esta se desenvolve segundo orientações de matriz não positivista. No âmbito da prossecução deste propósito a primeira rubrica contém uma breve síntese das (in)suficiências, reportadas na literatura, no que respeita ao positivismo e, também, às propostas alternativas defendidas pelos/as seus/suas críticos/as. A rubrica seguinte sintetiza três tendências de apreciação da qualidade de estudos científicos não positivistas, apontando as particularidades que assumem, assim como as divergências que possuem, em relação ao positivismo e, igualmente, entre si.Palavras-chave: Conhecimento científico; Investigação (não) positivista; Avaliação. From processes to research products: three proposals of evaluation of non-positivistic scientific studiesAbstract: This article is a critical reflection on the challenges and opportunities that arise, in contemporaneity, to the evaluation of the quality of scientific research, when it develops accordingly to non-positivist guidelines. In pursuing this purpose the first rubric contains a brief overview of the (in)sufficiencies, reported in the literature, regarding positivism and, also, to alternative proposals advocated by its critics. The following rubric synthesizes three trends of assessing the quality of non-positivist scientific studies, pointing out the particularities they assume, as well as the major differences from positivism and from each other.Keywords: 

Resumo: O objetivo deste estudo foi investigar o papel das redes de apoio social no processo de luto parental por acidentes de trânsito. Foram entrevistados 10 sujeitos, dois pais e oito mães e as entrevistas foram analisadas pelo método de análise de conteúdo. Os resultados obtidos indicam que o maior apoio recebido foi de familiares e amigos. Em alguns casos, o apoio social foi inadequado, refletindo em afastamento e evitação. Os grupos de suporte se mostraram um espaço bastante significativo de apoio. O julgamento das pessoas foi identificado pela maioria dos pais, confirmando a ideia de uma cultura que psicologiza e disciplinariza o processo, deixando o enlutado solitário em sua dor.Palavras-chave: Luto; Rede social; Grupos. Sharing pain: the role of social networks in parental griefAbstract: The purpose of this study was to investigate the role of social support networks in the experiences of parental grief by traffic accidents. The authors interviewed 10 subjects – 2 fathers and 8 mothers – and analyzed the interviews using the content analysis method. The results show that the greatest support received was from family and friends. In some cases, social support was inadequate, reflecting the fact that people were very close and avoided. The support groups have proved to be a very significant space of support. The judgment of the people was identified by the majority of the parents, confirming the idea of a culture that psychologizes and disciplines the process, leaving the lonely mourner in his pain.Keywords: Mourning; Social support; Groups. 

Resumo: Trata-se de um artigo teórico que tem por finalidade relacionar elementos da Teoria das Representações Sociais e da Teoria Queer, buscando identificar as similaridades e destacar os elementos encontrados na interseccionalidade das teorias e a potencialidade de ambas enquanto aporte teórico e metodológico na produção de conhecimento no interior da pesquisa qualitativa.Palavras-chave: Pesquisa qualitativa; Representação social; Teoria Queer. Theory of Social Representations and Queer Theory: possible chambersAbstract: It is a theoretical article whose purpose is to relate elements of the Theory of Social Representations and Queer Theory, seeking to identify the similarities and highlight the elements found in the intersectionality of theories and the potentiality of both as a theoretical and methodological contribution in the production of knowledge within the qualitative research.Keywords: Qualitative research; Social representation; Queer Theory. 

The judicial dialogue between the two oldest regional human rights courts, the European Court of Human Rights and the Inter-American Court of Human Rights, has been studied for several years. However, many of these studies are not based on a large empirical analysis, which could demonstrate the effectiveness of this dialogue. Therefore, this article aims to verify, through empirical and systematic research, some academic conclusions and reflections on the interactions between these two regional courts. The methodology is the same as that applied in other empirical studies on the circulation of foreign precedents among constitutional courts. Only explicit references have been considered.

Rural women in Ecuador are a disadvantaged group whose basic right to social security is not fully granted. This paper analyzes how rural women lie over a thin line between two diferent special social security regimes "”the Rural Social Security System and the one enshrined in the Organic Law of Labor Justice and Recognition of Housework"”, without any of them granting full benefts; which violate their constitutional right to access to social security. The aim of this paper is to show how over rural women converge two forms of identity that put them at a disadvantage vis-à-vis other women and the Ecuadorian population in general, and how the law has neglected to guarantee a right as basic as social security, incurring in discrimination. Therefore, possible reforms are proposed to the two regimes, and the situation of rural women is analyzed from the eyes of intersectionality.

This article illustrates the constitutional reasoning upon which domestic courts exhibit resistance to relativize Inter-American Court"™s doctrines. The San José Court has given constitutional reasoning in a dual dimension, the doctrine of corpus juris internacional, and the doctrine of control de convencionalidad. Constitutional reasonable resistance against such Inter-American authoritative doctrines has become manifest in recent cases concerning amnesty in transitional justice, conflicting rights between private parties, and the invalidation of domestic decisions. To overcome mutual backlashes between Inter-American and domestic judges, this paper seeks their potential of a more harmonious, democracy-oriented interaction on the basis of shared constitutional reasoning.

The branches of Public International Law and Constitutional Law are in constant development and evolution, which is why the meaning of their respective norms varies according to the importance that different states give them. This investigation will focus on explaining the manifestations of that state attitude and what implications it has on the creation and adoption of norms that traditionally have not been considered as binding state obligations; namely, international soft law norms. For the purpose of elaborating on this subject, the article will start by giving a general explanation of the notion of block of constitutionality in Ecuador, as well as the meaning of soft law itself. Next, the article will continue by analyzing the different practical applications and influence of soft law norms to Ecuadorian Constitutional Law, in connection with the pro homine and pacta sunt servanda principles. Finally, and based on what has been mentioned, this investigation will attempt to present the relevance and enforcement of these international norms for the Ecuadorian state.

International legal personality under contemporary public international law is an area of discussion that has not yet been concluded. In less than a century, international law has experimented a substantial transformation from its conception of a legal order where states occupy the center spot of normative imputation, to the existence of a plurality of subjects fit to be holders of rights. In the last decades, the proliferation of mechanisms that provide for the direct enforcement of international commitments entered by states, has made it imperative to rethink the validity of classical institutions such as diplomatic protection. This necessity has been particularly evident in the investment protection regime due to the rise of investor-state dispute settlement mechanisms. In this context, this work has for objective to shed light on the condition of the investor under the lex specialis of international investment law. Accordingly, it is intended to determine if the investor enjoys international legal personality.

Alternative Dispute Resolution (ADR) mechanisms arise in response to society"™s need to find means other than litigation for the resolution of their disputes. To harmonize the advantages of mediation and arbitration, some legal cultures have developed med-arb, arb-med and arb-med-arb. This article seeks to analyze the possible implementation of these mechanisms in Ecuador. For this purpose, the present article studies, in the first place, the figures of mediation and arbitration in the Ecuadorian legislation. In the second place, through a comparative analysis, it identifies the legislations that have contemplated such alternative mechanisms. Finally, the article determines the possibility of implementing these methods in Ecuador. After making these precisions, it will be possible to conclude that the principle of freedom of choice, contemplated in the LAM, is not always guaranteed when it comes to ADR.

The International Humanitarian Law regime undoubtedly calls for its implementation at a national level in order to have an adequate impact in the regulation of armed conflict. This paper aims to critically explore the application of such regime in Ecuador, not only in terms of the implementation of international treaties in national legislation, but also regarding the role of government and other institutions. For this purpose, Ecuador's accession to international treaties and its connection with national legislation will be analyzed, as well as other actions related to institutions such as the Ministry of Foreign Affairs, the Ministry of Defense, educational institutions, the National Commission of International Human Law and the Ecuadorian Red Cross.