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El principio de subsidiariedad horizontal. Notas para su encuadre en el régimen económico peruano
(Pontificia Universidad Católica del Perú, 2024-12-27) Sánchez Povis, Lucio Andrés
This paper explores the principle of horizontal subsidiarity in the Peruvian legal system, highlighting its importance as a fundamental pillar to balance state intervention and individual freedom in the economy. Starting with the explicit enshrinement of this principle in Article 60 of the 1993 Constitution, the study analyses its application and the challenges it faces in practice, particularly in the economic and social spheres. The paper reviews the historical and doctrinal evolution of the concept of subsidiarity, from its roots in classical political philosophy to its development in the Social Doctrine of the Catholic Church, and how these influences are reflected in Peruvian regulations. The paper also examines the interpretations and applications of the principle of subsidiarity in the jurisprudence of the Constitutional Court and INDECOPI’s decision-making practice, including the implementation of the “subsidiarity test” as a tool to evaluate the legitimacy of state business activities. It is argued that while this principle has been crucial in limiting state intervention, its interpretation should be broader, encompassing not only economic aspects but also its impact on the promotion of fundamental rights and social cohesion. The paper concludes with a critical evaluation of current policies and proposes recommendations to strengthen the application of the principle of subsidiarity in Peru, promoting a framework of state intervention that respects individual autonomy and fosters balanced and sustainable development in all areas of society.
O regime jurídico aplicável ao ato ilícito lucrativo: entre Responsabilidade Civil e enriquecimento sem causa
(Pontificia Universidad Católica del Perú, 2024-12-27) Alciati Valim, Thalles Ricardo; Ribeiro dos Santos, Gabriel
This paper aims to identify the appropriate conceptual framework for illicit profitable acts, understood as those from which the wrongdoer derives advantages that exceed the mere dimension of the obligation to compensate. To do so, the fields of Tort Law and Unjust Enrichment are studied, both of which are considered candidates for legal application. It becomes evident that Tort Law’s structure is inadequate for the pursued task, as the purpose of compensation is different: it serves to repair damage. On the other hand, recognizing partial forms of unjust enrichment (especially enrichment through intervention) may serve to require the wrongdoer to restitute the economic benefits obtained due to reprehensible conduct.
El cuidado de la salud mental: un reto para garantizar entornos de trabajo seguros y saludables
(Pontificia Universidad Católica del Perú, 2024-12-27) Quiñones Infante, Sergio
This paper is aimed to analyze the strong link that exists between the implementation of appropriate measures to care for the mental health of workers in the workplace and the effective compliance by employers with guaranteeing a safe and healthy environment in all work centers. With this purpose, we begin by developing the applicable theoretical framework within which the concept of “mental health at work” is framed; subsequently, we analyze data about the current state of this public problem, both at a global and national level, placing particular emphasis on those investigations that show the negative impact that inadequate mental health care generates on the work productivity of workers. Finally, we will evaluate the current and future challenges that mental health care at work presents from the perspective of public policies and from the perspective of business organizations.
De víctimas a victimarias: el delito de difamación y las denuncias públicas por violencia de género
(Pontificia Universidad Católica del Perú, 2024-12-27) Miró Quesada Gayoso, Josefina
Public allegations of sexual or gender-based violence made through social media serve as a “release valve” for victim-survivors who distrust the State’s ability to meet their justice needs. This alternative complaint mechanism highlights the systemic nature of these forms of violence that have been tolerated, denied or silenced by our society. For victim-survivors, public allegations can provide spaces for validation, support and understanding. However, in certain cases, the response to these allegations may exacerbate the primary victimization caused by the violence experienced. This occurs when accused aggressors file defamation lawsuits against the victims, effectively turning them into offenders in the eyes of the justice system. This is the diagnosis upon which this article is based. From this point of view, the author provides guidelines in identifying judicial remedies applicable to these scenarios, where the fundamental rights to freedom of expression and honor come into conflict. In the absence of a national articulated response, this article systematizes the most recent constitutional, international and comparative law standards relevant to resolving such cases.
La configuración del teletrabajo por los órganos judiciales y la negociación colectiva: una mirada ilustrada
(Pontificia Universidad Católica del Perú, 2024-12-27) Megino Fernández, Diego
In the current and changing world of work, the intervention of courts of justice and collective bargaining is increasingly necessary. This is confirmed, for example, by the complex configuration of teleworking, a very important figure during the health pandemic caused by COVID-19 and called to have higher levels of prominence. This study, based on the most recent judicial decisions and collective agreements, aims to provide an exemplary and reflective overview of some of its main constituent elements. As you will have the opportunity to appreciate as you progress in the reading, although we should not underestimate the progress and efforts made to date from the social concertation, even today the courts must intervene too often and intensity to address the many edges and controversies raised. In fact, with few exceptions, many of the aspects under analysis have not yet crystallized in a relevant way in the conventional practice, thus confirming that teleworking requires a different and more ambitious treatment by the negotiating bodies.