(Pontificia Universidad Católica del Perú, 2014) Ayo, Diego
Did the new Bolivian Constitution of 2009 influence a change on its democratic model? The thesis of the article claims that as a result of how the Constitution elaboration process was carried out on a frame of certain historical conditions, the product elaborated –The Constitution- by the Constituent Assembly had little substantial change in contrast to former Constitutions. Historical constrains of the Bolivian economy and the polarization of the actors involved on the elaboration process of the new Constitution had a great influence to prevent a substantially different new one. Progressive’s elements were introduced as a matter of result of the Bolivian revolution as Human Rights, Plurinationality, and Regional Autonomies, but certain constitutional prerogatives remained unchanged to preserve the status quo. The presence of corporatists, rentist and statist actors has been a trend along Bolivian history, which does allow the reproduction of the internal political relationships of the Bolivian model and inhibits the possibility of a substantial change or re-foundation. Furthermore, the pos-contitutional situation will consolidate a democracy that hardly would break the historical constrains thatrules its hybrid character.
(Pontificia Universidad Católica del Perú, 2014) Bregagio Lazarte, Renata; Constantino Caycho, Renato
The current research tries to recognize how the Inter-American Court of Human Rightscan influence in the legal and constitutional reforms in Latin American countries. It tries to understand what elements are required for those reforms to happen. It is stated that it requires human rights movements with knowledge of the Inter-American system and a favorable State context of at least one branch of the State. Finally, it was found that, in the cases studied, thecontext determines whether what the Inter-American Court says is applied or not.