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

Declaración de la Red Académica internacional para la Abolición de la Pena de Muerte con motivo del 8º Congreso Mundial contra la Pena de Muerte Berlín, 15-18 Noviembre 2022

When the criminal-legal Dogmatics elaborates its statements (proposals, assessments, structures...), it uses a normative (or comprehensive) language, but on the basis of empirical realities, typical of the language of an empirical (or explanatory) character. In this work, we will dwell on the peculiarities of this empirical or explanatory language, based on causality, and used with descriptive functions, as well as measurement and connection functions. It also examines the various relationships, conditioning factors and risks that exist between fields of knowledge: between comprehensive and explanatory knowledge, between different types of comprehensive knowledge, and between the different degrees of abstraction of each of them. Just as empirical elements cannot be ignored, neither can they be used as elements of a comprehensive nature.

This research analyzes from a critical perspective the situation they faced by domestic workin migrants women in Costa Rica. Their experiences show a serious conflicts that surronuding the effors aimed at the excecution of theoretical articulation ans practice  among the conditios of be women and domesric worker.The study was carried out by collecting legal information from Costa Rican law to combine it with specialized research on the domestic work The study was carried out by collecting legal information from Costa Rican law to combine it with specialized research on the affiliated to ASTRADOMES( Asociacion de trabajadoras Domesticas en Costa Rica). These experiences allow us to visualize this vulnerability of the fundamental and labor rights that this sector is going through in its social integration and labor.

The research deals with two current topics and is divided into two parts: the first, it covers the electronic value title, where basic aspects about this legal figure are presented in terms of the conceptual notion and the purpose of its use. The research aims to explain the general function of electronic value title and its essential features that allow it to have sufficient effects to be born into legal life. It makes a cursory analysis of the regulation and operation of the electronic value title addressing the normativity of laws where customary law is applied and laws whose regulation in civil and commercial matters are sufficiently structured to ensure legal certainty.   The second part, includes electronic signatures highlighting basic conceptual notions, the rules for an electronic signature to become fully fledged and the various types of electronic signatures most commonly used by contemporary society in the legal field are made known; It also highlights the importance of these signatures to avoid a supplanting in its creation that entails signing acceptance of forced or non-existent wills. It is qualitative theoretical research with the aim that from the development of the theoretical framework a deeper understanding is obtained regarding the topics under study, which allows, in turn, Without the collection of data with numerical measurement, theories of two unexplored topics are developed.

This research article addresses in a transversal manner the 1980 Vienna Convention on the International Sale of Goods, as well as the theories it addresses to recognize the contractual perfection of the same, key and current axis, to understand the transcendence of the application of the same in the legal systems and national legislations, such as in the case of Nicaragua. Likewise, this article addresses the characteristics and description of the International Contract of Goods contextualized in the Convention, to then deepen in the core and convergent aspects to be addressed: the formation, the offer versus the proposal in the convention and the acceptance as the counteroffer, to establish the parameters of the contractual perfection.

The predetermined right of the ordinary judge is recognized in article 24 section two of the Spanish Constitution. The expression used to designate the aforementioned right is without a doubt complex. The main problem that arises from the elaborated expression is that other traditional rubrics have not been eliminated, on the contrary, it has given rise to a very diffused idea that suggests that every expression was adding a different meaning.Hence, «Legal Judge» «Natural Judge», «Constitutional Judge», «Ordinary Judge» or «Ordinary Judge predetermined by the Law» have been frequent expressions that should be identified in history and in Comparative Law. It should be noted, without taking superfluous details into consideration, all these rubrics are equivalent in substantive matters, it is the undertone what hinders the scientific unity of the concept. In reality there is essential content of the law which deals with the need to establish by law the court that should hear about a specific matter in order to guarantee its independence, especially the executive power, avoiding a systematic problem from the past. This terminological and conceptual diversity, as well as the doctrinal scatteredness, make it necessary to find a unified expression which designates the right, it should remain simple in order to avoid misleading regarding its essential content. In short it is about correctly materializing from a terminological perspective the inherent desire, that has been present throughout history, that judicial jurisdiction not be manipulated to judge a court case.In addition, this paper aims to study the historical precedents of every expression in order to outline the content that has been attributed to the right throughout time, discovering that some of these contents are to some extent casual and even arbitrary, evoking different conceptual realities without an authentic intent to do so. After this research that will be as complete as possible without incurring in unnecessary repetitions, the constitutional relevance of legal predetermination and its reasons are highlighted.With this we try to finally locate a common denominator within the objectives of every historical legislator, simplifying the designated task of specifying the essential content of the right. Finally, a conclusion is offered where «legal judge» is the shortest, most complete, and accurate used to designate the right and include the essential content in the least controversial way possible.

It is well known that the 1978 Constitution feared that the arrival of democracy would lead to a situation of political instability that would ultimately lead to its failure. This concern essentially had two consequences. On the one hand, that our parliamentary system responded to the English «prime ministerialism» model or the German «chancellor system», which personalises parliamentary confidence in the figure of the President of the Government —and not in the whole Cabinet—, to whom the Constitution confers a true primacy over his Ministers by granting him powers that other systems attribute, on the other hand, to the Government as a collegiate body. And, on the other hand, that the Constitution and, above all, the Regulations of the Congress of Deputies and the Senate include a series of institutional and legal pieces designed to consolidate governments and make them strong in their weakness, which have distorted in practice one of the essential functions of Parliament, that of controlling the Government, which has numerous «weapons» of dissuasion and defence to avoid this control. The health crisis provoked by Covid-19 has not only highlighted some of the main unresolved problems of Spanish democracy (such as the weaknesses of the social state, the bad behaviour of political parties, the serious imbalances in the territorial organisation of the state, and the deficient drafting of our crisis law, among others), but has also provoked or aggravated some of the main unresolved problems of Spanish democracy, It has caused or aggravated others, including the strengthening of the Executive Power (parallel to the decline of parliamentary legislative functions and control of the Government, which has gone so far as to be consented to by Parliament itself) and the presidentialist drift that had already characterised the Spanish parliamentary system. The purpose of this paper is to analyse some of the most significant examples of both trends.

This paper analyzes the phenomenon of disinformation —and in particular fake news— from the point of view of the right to receive truthful information. It is argued that it does not exist a fundamental right not to receive false news, but an institutional guarantee of the plural, free and quality public opinion that the Constitution seeks to ensure. This implies that the public authorities have the positive obligation to act in favor of a communicative process characterized by these elements and to regulate against disinformation, because it has a negative impact on the free configuration of the will and opinion of the citizenship and, therefore, on the normal democratic functioning. From there, the essay analyzes different instruments for monitoring and, if necessary, controlling the dissemination of false messages, knowing the risks that this may entail for the freedoms of expression and information.

The protection of the most vulnerable people in situations of economic and social need is a constitutional order addressed to the public powers. The paper analyzes the legal development of the right to the minimum living rent as a Social Insurance assistance benefit and some of the elements that make up its content. It also examines some problems on the compatibility of the minimum living rent with the minimum rents for social insertion of the Autonomous Communities, in accordance with the system of distribution of powers established by the jurisprudence of the Constitutional Court

This article examines the legal debate on abortion in the United States. To do so, after setting the context given by the Roe and Casey cases, it develops the Dobbs decision, emphasizing how it represents a moderate commitment to the unborn child and a revaluation of the demos of constitutional democracy.