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Ars iusphilosophica. Entrevista a Manuel Atienza
(Pontificia Universidad Católica del Perú, 2019-10-16) Mora-Sifuentes, Francisco M.
In this interview, the Spanish lawyer, philosopher and writer Manuel Atienza Rodriguez tells us about the most relevant events that have influenced his academic formation. This meeting allows us to discover the dynamic relationship between Atienza and his academic role models, as well as his thoughts regarding contemporary debate topics within the area of philosophy of Law. Throughout the interview, Atienza is willing to reject the traditional paradigms of legal positivism in order to put forward new theories that should guide modern legal practices. In that sense, although he supports the importance of argumentation within the Law, Atienza remarks the importance of the application of a minimum of moral objectivism in our arguments. Finally, Atienza comments on the evolution of Latin American schools and the relevance that he predicts they will have in the future.
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El mejor remedio para un mal abogado podría ser... ¿otro abogado?
(Pontificia Universidad Católica del Perú, 2019-10-16) Vargas Guevara, Erick E.
In this paper, the author states that every lawyer should be compelled to denounce before the corresponding bar association or the judge the cases of abuse of process that damages clients, so the (bad) lawyer, who is behind of these practices, can be punished. The author remarks the fact that, although judges and bar associations are the main protagonists in the punishment of abuse of process, the recognition of this lawyer’s duty can contribute to clients’ rights protection and the consolidation of rule of law. From this perspective, the author proposes that every abuse of process circumstance is perpetrated because a lawyer incited it or because he or she consented it; for this reason, a (bad) lawyer will always be the one who caused the abuse. Precisely, one “remedy” for a lawyer involved in these practices consists in recognize the duty of all lawyers to denounce the (bad) colleagues, in defense of clients and rule of law.
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Las abogadas y los abogados: modernas, modernos y coloniales
(Pontificia Universidad Católica del Perú, 2019-10-16) Bazán Seminario, César
Following the lines of decolonial thought, I suggest that lawyers reproduce patterns of the matrix of colonial power through their actions. In the first part of this article I describe what the decolonial option is, while in the second part I analyze lawyers and law schools paying close attention to the signs of coloniality/modernity within them. As a result, I identify lawyers as the legal guardinas of colonial power and law schools as places that reproduce the logic of modernity/coloniality.
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Las normas internacionales del trabajo sobre la negociación colectiva en los servicios públicos
(Pontificia Universidad Católica del Perú, 2019-10-16) Canessa Montejo, Miguel Francisco
International Labor Standards recognize the right to collective bargaining of public servants and officials, allowing for the exclusion of high-level employees (with policy-making power, managerial positions or positions based on trust) and members of the armed forces and police. The negotiation topics cover the conditions of work and employment, which includes salary negotiation. The principle of budget balance is a valid limit to collective bargaining.
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La relevancia de respetar el derecho a la jornada máxima de trabajo en la actualidad
(Pontificia Universidad Católica del Perú, 2019-10-16) Ulloa Millares, Daniel
The right to a maximum working hours per day (or week) was recognized a century ago in the first convention of the International Labour Organization and has been included in the most important international conventions adopted by Peru. However, it has not been able to consolidate, even though its relevance has not changed. We believe that the right to digital disconnection is a confirmation of the importance of said concept, which we shall describe in this work.
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Editorial. IUS ET VERITAS; Núm. 58 (2019)
(Pontificia Universidad Católica del Perú, 2019-10-16) Valera Nuñez, Andrea Jamileth
No presenta resumen
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Presentación. IUS ET VERITAS; Núm. 58 (2019)
(Pontificia Universidad Católica del Perú, 2019-10-16) Jáuregui Mena, Gonzalo Manuel
No presenta resumen
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Bitcoin: ¿Tenerla o ignorarla? Una aproximación hacia el tratamiento tributario peruano de la criptomoneda más famosa del mundo
(Pontificia Universidad Católica del Perú, 2019-10-16) López Miranda, Lisset
The boom of cryptocurrencies as a mechanism of payment and investment has reached Peru, but our country lacks a legal regulation regarding the legal and fiscal consequences of operations with Bitcoins or other kinds of cryptocurrencies. In this article, the author elaborates a legal-fiscal analysis applicable to Bitcoin-related operations in Peru: mining, exchanges for goods and services, and exchanges for other kinds of currency. The first part of this article questions the legal nature of criptocurrencies based on the Peruvian legislation in force, while also taking into account the experiences of foreign legal systems. Thus, in the second part, the author describes the fiscal implications of criptocurencies in Peru.
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¿Más de lo mismo? El retorno al congreso bicameral
(Pontificia Universidad Católica del Perú, 2019-10-16) Bullard González, Alfredo; Iñiguez Ortiz, Eduardo; López Montreuil, Uber
After the rejection of bicameralism on December 9, 2018’s referendum, everything suggests that the opportunity for a major change was lost. The project subjected to the referendum was quite bad. However, its rejection is not so bad news. It provides the opportunity to a more consistent and technical reform. It is true that sometimes more from something bad sounds as something worse. More congressmen, for some, sounds frightening. However, there are strong reasons to believe that a bicameral congress, even with more congressmen, is better than a unicameral one with fewer congressmen. In this paper, the authors analyze how bicameralism allows that bills are passed by groups that represent most of the population, product of a broader political consensus. It allows that higher quality bills pass, as a consequence of a better process of scrutiny and reflection. Interestingly, raising transaction costs of the legislative process reduces the number of bills and improves the quality of the ones that pass. A bicameral congress creates incentives for the members of both lower and upper houses to fulfill their functions properly, especially when the electoral system is based on small constituencies (uninominal districts for deputies and binominal for senators).
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El Acuerdo de Gobierno a Gobierno y los Contratos NEC: ¿Soluciones a las deficiencias de la normativa de contrataciones del Estado que puedan ser replicadas por todas las entidades?
(Pontificia Universidad Católica del Perú, 2019-10-16) Medina Flores, Juan Carlos
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.

IUS ET VERITAS. Núm. 58 (2019)

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