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

Land registry has both a legal and economic nature. It is of a legal nature due to the strong effects that that which is made public has on real estate commerce, either by formal registration, disclosure or publicity, which disclosure or publicity constitute the core purpose of the registration itself. It is economic in nature because it promotes the issuance of credit as well as the circulation of wealth based on real estate assets, making titled property stronger. Land registry is different to purely administrative registries in that it creates rights, rather than merely storing data for the Administration for statistical or fiscal purposes. The Dominican land registry system inherited the principle of “public registry faith” from the Australian Torrens system. The principle of public registry faith protects bona fide third parties, which are those that acquire title under the terms and conditions of the legal system. Similarly, the Dominican land registry system inherited other relevant characteristics from the Australian Torrens system, which characteristics are proper for an effective system in terms of organization and in their ability to guarantee registered ownership.

Law 2094 of 2021 establishes the ownership of the disciplinary power to grant jurisdictional functions to the Office of the Attorney General of the Nation (PGN), in the exercise of superior oversight of the official conduct of those who are popularly elected; to sanction said officials with dismissal and inability to exercise public functions. Despite the fact that the Inter-American Court of Human Rights, in a conventional analysis of article 23 of the Pact of San José, determined that this function falls to the Judges through a sentence and not to an administrative authority, the legislature in Colombia granted this attribution to an administrative body, the PGN. This study will analyze the Constitutionality of the legal effects of Law 2094 of 2021, on the occasion of the exercise and enjoyment of political and democratic rights when it is allowed by law, to sanction a popularly elected public servant by an administrative body. Consequently, this study aims to verify the limits imposed by the functions granted by Law 2094 of 2021 to the PGN, for the effective enjoyment of the rights to democratic and political participation of citizens; but that in the end, breaks the principle of separation of powers.

Information and communication technologies (ICT) have permeated the administration of justice, and the legal work of lawyers, allowing the strengthening of transparency, procedural economy, standardized procedures, as well as greater efficiency, labor productivity, and organization through the use of digital tools. However, the implementation of ICTs should not imply violations of due process, access to justice, or the protection of personal data in the judicial field. Despite the challenges that this digital transformation entails, in the administration of the public service of justice, the protection of legal certainty and constitutional and legal principles must prevail, articulating the measures that allow maximum benefit to be obtained, without distorting the bases on which the law is founded.

Cyberspace is in constant threat and with it the entire state and private system. The problem is much more complex if we add the characteristics of this virtual space, which includes the anonymity of the offenders, the geographical indeterminacy of the commission of the crime, and a number of factors that also include topics involving sovereignty and jurisdiction. In the absence of active cooperation between States and the adoption of new strategies, the protection system is doomed to failure. Cybercrime has challenged the ability to prosecute it in unprecedented ways, which demands an increase and simplification of the cooperation system between States and the particular support of the private sector, especially the service providers.

The concern to improve the levels of legal certainty in our domestic laws is linked with its relevance for a democratic order sustained by human rights. Hence, if the presence of antinomies has a negative impact on the legal certainty, it is necessary to implement mechanisms that contribute to their identification and resolution. In this way, this piece of work suggests and ubstantiates a research proposal aimed at obtaining these criteria through the study of legal practice, especially, the case law. The intention is that once these criteria are made explicit, it is possible to develop a collection of guidelines that lead the legal operators in the determination and resolution of the antinomies, impacting positively on legal security levels. 

The evolution of the constitutional texts that the Dominican Republic had during the 19th century was influenced by its national political life; hence, between 1844 and 1900 there was a significant number of reforms that, to a greater or lesser extent, reflected the ideology of those who held power to modify our fundamental law. This was not experienced exclusively in our country, but the rest of Latin American States had a similar experience at the end of the 19th century, characterized by the conservative-liberal fusion, that is, by the drafting of constitutions agreed between these two factions. In this sense, this article aims to determine if this fusion was experienced in the Dominican Republic or if there was another form of constitutional agreement. For these purposes, the national constitutional texts of the 19th century have been examined, in the light of Latin American doctrine and national history. The main reasoning of this research is that the conservative-liberal fusion was present in the country, but it is also notable that it leaned more toward conservatism than toward liberalism, sometimes leading to an imposition of the former over the latter.

The public Administration is an enormous source of law, essentially in the field of administrative Law. This is a formidable instrument to concretize the action of the State, especially in a social democratic State of law, coexisting with it as a strategic factor of the first order for development, when it is capable of responding to a scheme that favors changes, economic, social and cultural, and effective judicial protection of workers’ rights is guaranteed. In the Dominican Republic, public Administration is typified as follows: centralized, decentralized and autonomous. The centralized ones depend directly on the Executive Power, which are the ones of our interest in light of Law 41-08 of the Public Function, although this law is a single statute for all public institutions, the decentralized and the autonomous ones can also be governed by special provisions for the realization of the purposes of the State.

This article, through a jurisprudential study, is focused on summarising the long struggle between justice and impunity that has characterised the Barrios Altos and La Cantuta cases in Peru, for which former president Alberto Fujimori was first convicted, then pardoned and, finally, his pardon was revoked. In examining these cases, on the one hand, we will stress that, on the occasion of the revocation of Alberto Fujimori’s pardon by a conventional control procedure, the jurisprudential dialogue between the Inter-American Court and the Peruvian Supreme Court was very fluid. On the other hand, we will highlight how, unfortunately, the jurisprudential dialogue between the Inter-American Court and the Peruvian Constitutional Court was practically absent. Proof of this is the 2022 pronouncement with which the Peruvian Constitutional Court sought to revive Alberto Fujimori’s pardon, requesting his immediate release, which was finally frustrated by a new Order on the Monitoring Compliance With Judgement referring the Barrios Altos and La Cantuta cases, issued by the Inter-American Court.

This proposal analyzes the scope of the assessment of evidence in civil matters from a constitutional perspective, a situation that leads us to contrast with the application of several guiding principles, such as the device and that of the maximum iura novit curia, this as a guarantee of effective judicial protection within the jurisdictional work, at the time of the Judge determine the evidence provided by the parties and, in this way, select the applicable rule for the solution of the case. We approach from a procedural and constitutional perspective the power that the judge is recognized to select the Law applicable to the case according to the facts submitted by the parties, for which we will expose the basis of the evidentiary regime, the effective judicial protection, and the limits of application of the iura novit curia. The type of investigation is non-experimental, and within this category it is descriptive transactional, when considering the way in which the Civil Judge must assess the evidence available to the parties during the investigation of the process, emphasizing the incidences that the investigation has. effective judicial protection for the application of the Law with the iura novit curia.

The right to work in the Dominican Constitution of 2010 and in the new Constitutions of the new Latin American constitutionalism cannot be seen within the traditional legal vision of labor matters. We are faced with a polyhedral right, with many manifestations and edges, which goes from the existence or not of the trial period, duties and rights, access to work and its economic and legal limitations, the figure of effective employment at work, which has been little studied in our country and by Latin American laborists, the work of immigrants, which is becoming more and more complicated in the face of the serious crisis in our countries and where we have not been able to provide a global solution, stability, unemployment insurance and freedom of enterprise. It also includes the right to work and the conventions and recommendations of the International Labor Organization (ILO) and their application in decent law; the declaration of fundamental principles and rights at work; sentences of the Supreme Court of Justice and the Constitutional Court regarding the right to work and guarantees; labor legislation and the Dominican Constitution. Balances and reflections to make solutions.