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

This article examines the concept of voluntary remediation as an exemption from liability in the administrative sanctioning procedure, highlighting its connection with the preventive and corrective approach to oversight provided for in the Consolidated Text of the Law 27444, General Administrative Procedure Law, approved by Supreme Decree 004-2019-JUS.It questions the restrictive interpretation adopted by various administrative entities which, through unilateral requirements, distort the corrective purpose of correction. Through a normative, jurisprudential, and economic analysis, the authors argue that this legal concept must be applied in a manner consistent with the principles of regulatory compliance and administrative efficiency, promoting early correction rather than sanctioning.

Three bills are currently under discussion in the Chilean Congress, all with the common goal of simplifying regulation. These bills propose the creation of three agencies: (i) the Office of Sectoral Authorizations and Investment; (ii) the Committee of Undersecretaries for Regulation and Sectoral Evaluation; and (iii) the Agency for the Quality of Public Policies and Productivity.In light of these legislative proposals and the limited conceptualization of the subject, both nationally and internationally, this article aims to propose a conceptual framework for regulatory simplification, distinguishing between normative and administrative simplification, and offering recommendations for its more effective implementation.

On the occasion of the sixtieth anniversary of TH?MIS, this interview gathers the founder’s reflections on the origin, evolution, and enduring impact of a journal created by and for students.From the outset, TH?MIS sought to give voice to the student body, promote rigorous legal education, and foster dialogue across generations.The interview revisits key milestones, challenges, and the current relevance of the journal. It also highlights opportunities to expand its international reach and preserve its core identity in a digital age. With a critical perspective, the founder emphasizes serious study, professional integrity, and civic commitment as essential foundations of legal vocation.

Regulation, understood in a broad sense, encompasses all forms in which the state intervenes in the lives of individuals (through regulations and administrative acts). However, over the years, the approach to regulation has changed, especially regarding regulatory techniques and ways to ensure compliance. In this context, responsive regulation emerges as a paradigm shift that involves regulating according to the context. This shift can have significant implications for the Peruvian public procurement regime, specifically in its sanctioning regime. Under a responsive regulation logic, a response strategy can be promoted that better harmonizes the interests of the state (as contractor and regulator) and the private sector (as contractors).

In a context of technological advancement and diversification of audiovisual services, broadcasting in Peru faces the challenge of remaining relevant and accessible to users. Although television has shifted from an educational purpose to a commercial one, its role as a tool for informational and cultural inclusion remains essential. In this scenario, the debate over the possible implementation of a must carry-must offer regime becomes relevant. This type regulation is the obligation for television operators to include broadcasters’ signals and, in turn, for broadcasters to offer their content to the operators.In this way, the authors analyze whether this regulatory model is appropriate for the Peruvian case, taking into account its social, legal, and technical particularities. To this end, the article examines the origins of this model, comparative regulatory experiences, the current Peruvian legal framework, and the conditions of the local market. The article identifies potential effects on competition, contractual freedom, pluralism, and access to information. It concludes that imposing such obligations without solid justification may prove counterproductive, as it could affect fundamental rights and undermine the sustainability of the sector. As an alternative, the article proposes fostering a more flexible and proportionate regulatory environment that promotes access to essential content without distorting market functioning.

The regulation of mining easement in Peru has sparked debate regarding its impact on property rights. While expropriation for mining purposes cannot be implemented under the current constitutional framework, article 37 of the Consolidated Text of the General Mining Law, which allows it to be requested, has not been expressly repealed. In this context, mining easement emerges as an apparent alternative for mining concessionaires to request access to the land of those who hold surface rights within their concession. However, its application is very unlikely in practice due to procedural complexity, landowner opposition, and regulatory unpredictability.This paper examines the current legal framework of mining easement and its relationship with expropriation, analyzing the key differences between these legal figures and their impact on private property. Furthermore, it reviews the main doctrinal perspectives on whether mining easement constitutes hidden expropriation or remains a distinct legal mechanism with limited but non-definitive effects on property rights.Finally, proposals are presented to improve the regulation of mining easement in Peru, aiming to create incentives for its use while ensuring the protection of property rights for landowners. These proposals include legal amendments, improvements in the administrative procedure, and more adequate compensation mechanisms for affected property owners. This seeks to reduce legal uncertainty, promote the efficient use of mining servitude, and prevent it from effectively functioning as hidden expropriation.

The Latin American administrative promoted the institutional borrowing of the regulation, proposing recently with the transposition of ‘regulatory sandboxes’ or regulatory testing spaces. This borrowing generates the risk of focusing on the form rather than the substance of these spaces, whose effective implementation requires changing paradigms of administrative law centered on the administrative power. Legislative Decree 1599 faces this risk, introducing controlled spaces to promote technological innovation and to the gap in access to telecommunications services.This article proposes two interpretation techniques to improve efficiency in implementing this space: interpreting the Decree from traditional institutions of economic administrative law, such as the authorization technique, but shifting traditional paradigms to interpret the Decree to facilitate experimentation and innovation.

In a sort of ‘chronicle of a death foretold’ the increasing intensive use of digital networks (telecommunications networks) by (i) all users, who obviously ‘pay their toll’ and (ii) those who use them but ‘do not pay their toll’ has generated a heated debate. This is because the current environment leaves no room for inefficiencies. The telecommunications industry, both nationally and internationally, is reshaping its strategies to achieve sustainability and responding to the challenge it faces with new services that are the product of new technological needs and a different competitive dynamic. You can’t hide the sun with your hands. This is a concrete reality we must face.This leads us to ask: What is going on? Are there really inefficiencies in this extraordinary mass of data traffic that has grown exponentially, saturating networks and requiring greater investments in infrastructure in the communications sector?

Within the framework of administrative claims, the article analyzes the interactions between the resolution bodies of Indecopi (Commission for the Elimination of Bureaucratic Barriers and the Specialized Chamber for the Elimination of Bureaucratic Barriers) and the regulatory agencies, in order to identify the main limitations of the administrative jurisdiction, which come, among others, from the provisions of Legislative Decree 1256 and the jurisprudence of Indecopi.This situation generates control gaps that, in turn, result in the lack of protection of the citizens. To better illustrate this scenario, a historical overview of the Peruvian institutions involved is carried out, leading to a detailed review of the applicable regulations and jurisprudence. Finally, it concludes with the proposal of possible alternatives for improvement, emphasizing the revitalization of the Judicial Branch possible alternatives for improvement.

This article analyzes the application of the principle of subsidiarity in mortgage loans granted by the Banco de la Nación, highlighting the differing approaches of the Constitutional Court and Indecopi. The former emphasizes social need, while the latter prioritizes market competition and the adequacy of private supply, considering state intervention justified only when the private sector fails to meet demand effectively.In light of the lack of consistent criteria, we propose guidelines to assess subsidiarity in the granting of these loans and to prevent market distortions. Additionally, we present alternatives to ensure the continued operation of the Banco de la Nación, guaranteeing that its involvement respects the principle of subsidiarity and remains complementary to private banking.