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

Reseña RASE

More than half a century ago, the german philosopher and political scientist Jürgen Habermas took us into the “public sphere” through the theory of communicative action. Following his approaches, and from a constitutional perspective, we delve into the new form of communication that social networks represent. Based on an analysis of the structure of communication (transmitter-channel-receiver) and its transformations, we can confirm that the large network operators and the algorithmic technology they use interfere with the exercise of freedom of information and the right to be informed, subtracting the personal autonomy that characterizes both rights of immunity before the State. This new communicational ecosystem leads to consolidate polarization, hatred, and the exclusion of those who are different, affecting pluralism as an essential value in democracy. Arises in an area in which there is no regulation other than contractualism and the unilateralism of the platforms, the connections between misinformation, hatred, and polarization reign. Meanwhile, the State does not intervene or shows itself to be powerless, authentic private powers begin to exercise the censorship that the Constitution prohibits, through fact-checking and self-regulation. Faced with this situation, approaches are introduced to understand the phenomenon and certain guidelines are proposed that should guide the legislative policy that eventually aims to regulate the phenomenon described. The common thread of all the work goes through preserving pluralism and personal autonomy in the face of the search for truth.

When public education institutions manage social media, the number and type of legal problems that are generated in this media has different scopes than those that occur in the private sphere. Most of the violations of rights due to the use of public social media are mostly unknown, their scope is not dimensioned and an irregular defense of the institution and/or the people who make up the educational community is established. The reasons are various, from the incorrect choice of the jurisdictional route to challenge a transgression to the lack of adequate tools that will guarantee non-repetition, prevention and mitigation of effects. We affirm that in order for said institutions to be able to face the legal problems generated by the use of institutional social media, it is necessary to know the following aspects: what is the applicable law of the digital act that will terminate it (civil, criminal, administrative, labor or several simultaneously); who acts as an offender (an official, academic, student, a group of them or a person external to the institution), and what is the context in which it was left. Here the risks of social networks are analyzed, for which we study four cases of different federal public educational institutions, in order to identify the frequent legal problems, the type of collisions between rights that are exhibited in the media (right to freedom of expression, right to information, right to privacy, right to use of one’s own image, right to protection of personal data, copyright and industrial property, the employer’s right to the worker’s labor secrecy), and the updated crimes for the incorrect use of those (cyberbullying, violation of sexual intimacy and discrimination). At the same time, we present alternative solutions to the aforementioned problems, consisting of three jurisdictional solutions and one self-regulatory, sometimes concurrent: a) administrative or punitive; b) labor; c) civil, and d) self-regulatory.

Este artículo tiene como objetivo discutir algunos usos menos conocidos del mecanismo de destitución en Brasil y en los Estados Unidos de América: el impeachment judicial. Por un lado, pretende discutir cómo se relaciona la medida con la destitución de jueces de cargos públicos en ambos países, es decir, cuando se trata de jueces de los niveles más altos del Poder Judicial (Corte Suprema o Tribunal Constitucional); por otro lado, la idea es discutir las conexiones entre impeachment, independencia judicial y rendición de cuentas. El objetivo es utilizar la metodología de los estudios jurídicos comparados para abordar los antecedentes históricos del instituto del impeachment y cómo se extendió por diferentes jurisdicciones en el camino antes de llegar al escenario jurídico y constitucional brasileño. Dicho esto, una de las fuentes de investigación más relevantes reside en la jurisprudencia y la doctrina jurídica en torno al impeachment, con especial énfasis en los registros históricos de su uso y su relación con los presupuestos de independencia judicial. El objetivo final es investigar si el impeachment judicial puede o no ser visto como un mecanismo que mejora la independencia judicial en países que aún adoptan la práctica, como Brasil y los Estados Unidos de América.

The situation of the right to health in Venezuela is analyzed through the parameters required by the prohibition of regressive social rights, with a view to determining whether there is a regression in the access and enjoyment of the right to health. To this end, the prohibition of regressive social rights is studied, with emphasis on the regressiveness of the results of a public policy. Second, the content of the right to health is reviewed, understood as a benefit right which requires political, legislative, economic and technical development to ensure its expansion and coverage to the entire population. Third, the data of the national hospital survey (ENH) developed since 2014 by the organization Medicos Unidos por la Salud and the Grupo de Investigación de Enfermedades Infecciosas y Tropicales de Venezuela (GIDETI) are presented and the results of the monitoring of the national public budget carried out by the organization Transparencia Venezuela to demonstrate the current situation of the right to health in Venezuela, presenting conclusions as the last point. The methodology used for this research is exploratory, secondary and documentary. Research was conducted on academic publications on the study topic and data collected by the above-mentioned organizations were reviewed. Subsequently, information and data analysis were carried out to respond to the premise of the investigation. It is concluded that in Venezuela there is a regression in the enjoyment and access to the right to health that has put the lives of Venezuelans at risk, which shows a failure of the State to guarantee the effective enjoyment of social rights, which aggravates the complex humanitarian emergency that this country is going through.

This article has the purpose of examining the legitimacy of the institution of basic education promotion by the State via voucher (education voucher). It is intended to problematize the feasibility of adopting such an institute based on the principle of subsidiarity, a framework that demands the withdrawal of the State from its constitutional duty to provide public services for quality basic education. It will be argued that the choice made by the 1988 constituent of a model of a Social and Democratic State of Law imposes on the latter the possible use of partnerships in a planned way, such as promotion via vouchers, in the light of the principle of sociality, creating conditions so that private partners can extend to citizens, as a complement to the performance of public power, the maximum access to the fundamental right to basic quality education, with a view to consensuality, with a view to national development.

In this work I aim at defining the electronic administrative act, its characteristics and regulation locally, as well as in the comparative law. Then, I focus on customs regulation, particularly on automatic suspension of custom records – custom brokers and other system agents – disposed by the Administrative Authority. I also analyze judicial decisions related to automatic suspensions provided by Act 22.415 of the Customs Code. I enquire about fiscal intelligence in tax procedure in the light of social constitutional rule of law. Finally, I raise some thoughts in order to seek answers to the following questions: Are the suspensions provided without any further procedure in the Customs Code, Act 22.415, electronic administrative acts? If this is the case, are they consistent with the constitutional social rule of law?

The present work intends to investigate the purposes of the Ibero-American Charter of the Rights and Duties of the Citizen in relation to the Public Administration, highlighting its essential purpose consisting of the recognition of the fundamental right of the person to good Public Administration, and highlighting its most important principles: efficiency and responsibility; this to then establish its similarity with Bolivian legislation, through the principle of responsibility for the public function and, especially, the principle of informality provided for by the Law of Administrative Procedure, for which its development at the doctrinal and jurisprudential level is described, together with the analysis of its configuration in a legislative project.