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546,196 artículos
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Año:
2019
ISSN:
1995-2929
Valera Nuñez, Andrea Jamileth
Pontificia Universidad Católica del Perú
Resumen
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Año:
2019
ISSN:
1995-2929
Medina Flores, Juan Carlos
Pontificia Universidad Católica del Perú
Resumen
Within the main contracting mechanisms used by the Special Project in charge of the organization and development of the X VIII Pan American Games and VI Parapan American Games of 2019 for the acquisition of complex and sophisticated goods, services and infrastructure, considering the lack of national experience in mega sport events, we can find Government-to-Government Agreements and New Engineering Contracts.Considering the results of these contracting mechanisms, there are many public entities evaluating the possibility to use them to carry out their own projects. However, it is not unusual for these entities to not fully understand the scope and nature of said mechanisms.Therefore, this paper explains the main characteristics of these two contractual figures, as well as the experience of their use in the Pan American Games, in order to appoint some considerations that public entities must take into account before deciding to use them.
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Año:
2019
ISSN:
1995-2929
Quiñones Alayza, María Teresa; Aliaga Aliaga, Jenny
Pontificia Universidad Católica del Perú
Resumen
The Peruvian Government decided to use Public-Private Partnerships as a tool in its infrastructure policy. However, the constant amendments to the legal framework, the delays in the execution of projects and the frequent addend to concession contracts (specifically, those which are co-financed) have created distrust in society and affected the credibility of this model.This article analyses the main causes foref renegotiation of concession contracts awarded by ProInversión and the derived costs of excessive renegotiation. Our data shows that the benefits that the Peruvian Government obtains by acting opportunistically: i.e., by awarding projects that lack sufficient studies or an adequate risk assignment, are countered by the impact on the legitimacy of Public-Private Partnerships and by the delays in the completion of projects destined to attend public needs. However, our research shows that the Government is prone to prioritize the benefits it receives in the short term disregarding the long term costs that a premature awarding of projects entails.
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Año:
2019
ISSN:
1995-2929
Madrid Valerio, Cecilia; Palomino Ramírez, Walter
Pontificia Universidad Católica del Perú
Resumen
In this article the authors analyze the background of the crimes of corruption in the private sphere (section 241-A) and corruption inside private entities (section 241- B). The purpose is to determine the political-criminal need for their legal recognition and the importance of their repression as part of a global strategy against corruption that aims to hold accountable both individuals and private entities that benefit from acts of corruption commited by them, according to the rules established by Peruvian Law 30424.
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Año:
2019
ISSN:
1995-2929
Alva Falcón, César; Álvarez Ingar, Rodrigo
Pontificia Universidad Católica del Perú
Resumen
The purpose of this article is to review the position taken by the Peruvian Customs and the Customs Chamber of the Tax Court of Peru related to what should be understood as the “regularization” of an export and the impact of that interpretation for the application and enjoyment of the customs regime of drawback. As a previous step, the authors discuss the conceptual part of the drawback regime in Peruvian legislation, making a brief account of its origins, background, supranational regulation, current scenario and the requirements that constitute it as a benefit for exporters. Finally, the authors analyze the position mentioned before.
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Año:
2019
ISSN:
1995-2929
Guimaray, Erick
Pontificia Universidad Católica del Perú
Resumen
Organized crime can start within the State itself, even from its hierarchical and normative channels, in order to assure the effectiveness of their crimes. High corruption as a criminological category describes the synergy between political and economic power; thus, it obligates us to analyze the importance of the structural organization factor. Taking into account the current cases of political corruption that involve all Peruvian Presidents from the year 2000 onwards, we argue that the use of imputation criteria vastly used in doctrine, but no so much by our justice operators, could be a viable option that helps in the judgment of high officials at the apex of the Administration. Specifically, the application of the thesis of command responsibility for domain over organized power structures to high corruption cases.
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Año:
2019
ISSN:
1995-2929
Vinelli Vereau, Renzo Antonio; Sifuentes Small, Aitana
Pontificia Universidad Católica del Perú
Resumen
In this paper, the authors discuss the maintenance obligation recognized by Peruvian civil laws, which the civil judge analyzes taking into account the economic capacity of the debtor. On the other hand, the Peruvian law typifies the crime of omission of family assistance, which is verified by the sole breach of the obligation by the debtor. However, criminal jurisprudence has not taken into account the concept of economic capacity as an objective element of this offence, unlike their civil counterpart. Thus, the authors discuss the need to include the economic capacity of the debtor in the analysis of the crime of omission of family assistance.
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Año:
2019
ISSN:
1995-2929
Corcoy Bidasolo, Mirentxu
Pontificia Universidad Católica del Perú
Resumen
The concept of willful intent is one of the most important discussions in Criminal Law. In this article, the author analyses the specific problems that arise regarding the proof of the subjective type in the ambit of socioeconomic criminality. To this end, the determination of the authorship of the crime is analyzed based on the criteria of competence and the willful intent that derives from it, as well as the question of the so-called willful blindness. The article aims to link theoretical and practical problems together, particularly, the proof in criminal proceedings. It is regarding this aspect that the modern jurisprudential conception of willful intent as a fact that must be proven through objective data acquires great relevance in this investigation.
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Año:
2019
ISSN:
1995-2929
Eguiguren Praeli, Francisco José
Pontificia Universidad Católica del Perú
Resumen
This paper analyzes the purpose, scope and political effects of the vote of confidence, which the Council of Ministers can present to Congress, from its regulation in the Peruvian Constitution. The author also evaluates the content and effects of the reform introduced in the Rulebook of Congress that discourages the use of the vote of confidence and limits its scope. Finally, the paper discusses the judgment of the Peruvian Constitutional Court that declares said reform as unconstitutional.
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