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

This article makes an approximation to the current situation of the Ecuadorian prison reality, taking the existing figures as a basis to show that the solutions proposed haven’t had positive results. The effects of the punitive policy applied to the most perpetrated crime in Ecuador (robbery) are analysed and evaluated to determine if there has been an incidence between what was executed and the reduction in crime regarding to this offense. In the same way, the need to seek different solutions to pure punitivism is exposed, using the failure of prison as a starting point and the analysis of an alternative system of penalties with its effects in a comparative reality. Specifically, alternative figures to prison applicable in the Spanish reality are considered, such as: the suspension of the sentence and work for the benefit of the community. The use of these figures in Spain and Ecuador is studied, so that the main differences in the legal margins of application can be observed. In addition, there is a brief mention of the effects that they have had on the reality of the Iberian country and its contribution to the decongestion of the prison system. 

This article is a review of a series of articles found in the following book collection, CARBONELL, M., El principio de proporcionalidad y la interpretación constitucional, CARBONELL, M. y GRÁNDEZ CASTRO,P., El principio de proporcionalidad en el Derecho contemporáneo, y CARBONELL M. (editor) Argumentación jurídica. El juicio de ponderación y el principio de proporcionalidad. These articles are written mostly by Ibero-American authors, and they synthesize and critically review the analysis proposed by ROBERT ALEXY. The reader will find articles by specialists who defend and develop this theory, as well as articles in which alternative analyses of the argumentative structure of this principle are proposed, and finally, articles in which its application in national legal systems is analyzed. We believe that the positions developed by these specialists (some of them students of ALEXY) allow us to form a clear perspective on the main discussions on the argumentative structure and the application of this principle in the Ibero-American context. The objective of the article is to identify and reconstruct the positions and arguments of these specialists.

The subjective right to drive safety emerged strongly throughout the twentieth century within the framework of the socalled risk society, characterized by the impulse of technological development and the appearance of new social uses, with an increase in traffic on Spanish roads and the consequent increase in road accidents. And this new social reality will promote a modernization of current criminal law in order to adapt it to the new social demands for greater control of these dangerous activities, to the creation of new supra-individual legal assets and to the legislative technique of dangerous crimes. However, this extension of the criminal law cannot suppose an infringement of the principles that limit the ius puniendi of the State, nor can it admit the inclusion of any conduct as deserving of criminal liability, being able to find currently some types included in the Penal Code that can hardly be justified as offences against road safety.

This article analyses the infringement of the offence, its consummation, the feasibility of its regularisation and the compatibility between different categories of offences for non-compliance with invoicing or documentation obligations, for usint or requesting tax identification number or other numbers or codes.

Facial recognition technologies are expanding, and even though they could benefit law enforcement authorities and make the access to goods and services more comfortable, they might put at stake certain democratic freedoms. At the moment, the European data protection framework is the main legislation that can restrain the use of facial recognition. This paper aims to analyse the implications of facial recognition as a category of biometric data processing. Particularly, it attempts to clarify which legal basis of the European Data Protection Regulation could allow the use of these technologies.

Free legal assistance is set as an assistance right whose conditions to obtain it are legally established. There is a close link between the right to a free legal assistance and the right to an effective judicial protection, for which the former is instrumental. Thus, this is a citizen right to obtain assistance provided by the state which, sensu contrario, creates an obligation to the state to properly fund the provision of this right using public funds. We shall address the current funding system for the professional appointed to the corresponding association services for the provision of this service (focusing on attorneys and solicitors of the courts), along with its adaptation to the constitutional funding mandate using public funds.

The approval of Regulation (EU) 2021/953 of the European Parliament and of the Council, of 14 June 2021, on a framework for the issuance, verification and acceptance of interoperable COVID- 19 vaccination, test and recovery certificates (EU Digital COVID Certificate) to facilitate free movement during the COVID-19 pandemic, made it possible for Member States to introduce restrictive measures in their respective territories associated with the possession of such certificate. This work analyzes how these restrictions contribute to the socalled coercive effect of the COVID certificate, generating a climate of pressure on citizens to give their informed consent to the COVID-19 vaccine. Also, it tries to determine if such effect could be intimidation capable of invalidating the consent granted, thus violating the fundamental right to physical and moral integrity of article 15 of the Spanish Constitution.

This paper will analyze the content of the SJUE of 24 March 2021, case C-603/20 PPU, where the CJEU interprets for the first time the scope of Article 10 of the Brussels II a Regulation. The study will be approached from different perspectives, taking into account: the jurisprudential perspective, —studying the existing precedents on the matter, both in the United Kingdom and by the CJEU-; the conceptual perspective, analyzing the current wording; the previous Proposals, and, finally, their necessary coordination with the 1980 Hague Convention and the 1996 Hague Convention. Finally, it will be examined whether the ruling is in accordance with the principles governing European Union Law, such as the principle of mutual recognition of judicial decisions, mutual trust, proximity and the best interests of the child.

We highlight the figure of the monarch Ferdinand VII and the staunch defense of his absolute sovereignty in a period of crisis for the monarchy marked by the transition to the new liberal State. The repression will define its reign in an attempt to eradicate Liberalism by all traditional methods and also some new ones. At the Ferdinand’s Absolutism, the defenders of the constitutional system were considered as the worst criminals for the Throne and the Altar, and guilty of the crime of lesa Magestad humana y divina. In his persecution, special ecclesiastical and military jurisdictions played a leading role, because of the crisis of King’s Justice. Finally, and after overcoming the reforms promoted during the liberal periods of his Reign, thanks to the concentration of power in the hands of the monarch, the repression of political criminals was conducted from the palace. Where the Ministry of Grace and Justice, the General Police Superintendence of the Kingdom and the dissemination of repressive legislation had all the leadership.

This research analyzes the affectation of the constitutional powers of Canada in the signing of a free trade agreement such as CETA. The agreement between the European Union and Canada has meant the elimination of obstacles and the implementation of complementary internal policies between countries. CETA is an agreement that has features that make it a benchmark in the policy of agreements with other countries, which is why it is so relevant in the scientific study of this research. The work begins with a historical retrospect to Canadian constitutionalism, to later operate on the behavior of the executive and legislative powers in the signing of this type of negotiations. Canada is characterized by having established a determination of power sharing between territorial structures. The research reflects on the articulation of powers and jurisdictional controls in international treaties, studying whether free trade agreements have the effect of limiting the legislative or regulatory capacity that, in economic matters, the different States of the European Union may have. in negotiations with Canada.