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

This article is the result of applied research that is being done in Colombia, concerning the Constitutional mandate of Article 313 #9, which places in the Councils the obligation to dictate norms for the control, preservation and defense of the ecological and cultural heritage of the municipality. For which the concepts of constitution, municipality, municipal council, ecological and cultural heritage were investigated to give theoretical basis to the research that focuses on the norms used by Councils in department capitals as well as other important municipal Councils as San Agustín, Mompós, Barichara, Villa de Leyva and Salamina, during the period from 2016 to 2019. The years 2016 to 2019 were taken as a reference due to ready access via the internet.

The Organic Law 3/2021, of March 24, on the regulationof euthanasia, establishes a new right (the «provision of aid in04 Donallo Rodríguez.indd 109 26/01/2023 17:48:18Miguel Donallo Rodríguez110© UNED. Revista de Derecho UNED, núm. 30, 2022dying»). In this article, we examine the problems raised by this law from both philosophical and legal perspectives. Dealing with euthanasia requires allusion to philosophical questions, and this reference cannot be neutral. First, we will try to clarify our conception of euthanasia. After this, we will allude to the problems presented by the «autonomy» argument to justify euthanasia. In analyzing the Law, we will begin with its Preamble, and then present the two factual assumptions that enable euthanasia or assisted suicide to be requested («serious, chronic and incapacitating suffering» and «serious and incurable illness»). Finally, we will examine the procedure established to request «aid in dying».

This article analyses the unjust type of infraction, consummation and compatibility between different types of offence for resisting, obstructing, excusing or refusing the actions of the Tax Administration.

The Praetorian Guard was an elite unit that was enjoyed by military leaders at first and ended up being used by the Roman emperors as an escort and personal protection for them and their family. It had its maximum splendor for approximately 300 years in Imperial Rome. It was created and formally regulated by Cesar Augusto in the year 27 b. C., being during the mandate of Diocleciano when the decline of this body began, since its functions and privileges were restricted to finally end up disappearing at the beginning of the fourth century with the mandate of Constantino I. They came to have great power and enjoyed important privileges of a social, political, and economic nature, which were collected in a diploma. Their power grew so much that they ended up deciding in government and politics, which transformed them into a symbol of power and corruption of imperial Rome.

Years after the judgment that is the subject of this work was handed down, its importance and the contributions it made are still being appreciated. Marriage and prenuptial agreements continue to be on the rise, being a figure often used by the contracting parties and spouses to determine the consequences that a supposed marital crisis could have. However, the legislator has not yet expressly referred to them, and it is necessary to resort to pronouncements such as the one presented here to determine, among other aspects, what limits restrict the autonomy of will of those who agree to them. Now, with some distance and perspective, we proceed to examine the statements made by the Supreme Court in 2015.

As it is known, hate crimes have been linked to the fight against discrimination since their origins, aiming at the protection of socially vulnerable groups. However, this objective has been undermined by the reforms that this category of crime has undergone, since all, without exception, have followed an expansionary trend that has considerably amplified the content of these figures. This is the context of Organic Law 8/2021, of June 4, which is the subject of this study and is responsible, among other measures, for converting aporophobia, age and social exclusion into criminally relevant differentiating factors.As far as aporophobia is concerned, its inclusion in the Penal Code has been the subject of civil and institutional demands for years. This reaction was certainly necessary, since «the poor» are the most unprotected social sector and the one that suffers the greatest social exclusion. However, a different matter is the suitability of maintaining or introducing other factors, as well as the incorporation of a final clause that allows the aggravating circumstance to be applied regardless of whether the passive subject really belongs to the group characterized by the factor that the active subject attributes to him.

Digital is a field in which research and analysis actions are also carried out when we want to clarify certain issues or litigation, because in this area also evidences behaviors of individuals or practices in organizations. In fact, it is common for such investigative actions to be carried out in companies, for example, during an internal investigation or as a result of the implementation of a compliance management system. The large amount of information on IT devices makes it practically impossible to study each of its elements individually. This has imposed that, when we want to examine certain digital evidence, it is necessary to resort to study processes that are feasible. For this reason, a procedure, that extracts the set of relevant elements related to the object of the investigation, has been developed for analyzing digital evidence: the procedure called E-Discovery. In addition, it could be completed with others that make it possible to draw conclusions based on the relevant elements. This article analyzes such processes, their configuration, the issues they raise, their essential content and how they fit into the list of existing means of proof within the judicial process.

In the legal and educational history of the Spanish twentieth century, the right to academic freedom oscillates between stages of recognition and denial depending on the political regimes and the consequent regulatory developments. Each of them reflects a certain conception of education, of the purpose of teaching and of the teaching practice in accordance with more or less traditionalist, religious or modernist visions. As outstanding examples, during this historical period we witnessed the creation of the Ministry of Public Instruction, the first recognition in a constitutional text of this freedom for all teachers, with the Constitution of the Spanish Republic of December 9, 1931, and the long period of denial and effective annulment of it during Franco’s political regime. The aim of this study is to describe and analyze the evolution of this freedom distinguishing four major periods in the advances and setbacks of educational policies in our country: the dawn of the twentieth century with the creation of the Ministry of Public Instruction, the dictatorship of Primo de Rivera, the Second Republic and the Franco regime until the approval of the General Law of Education of 1970.

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