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A propósito de la reciente aprobación del “Proyecto de Ley que reestablece la autonomía universitaria”
(Pontificia Universidad Católica del Perú, 2022-05-25) González Fretel, César Daniel
Approximately eight years ago, Law N° 30220 or University Law was enacted, which sought to promote the continuous improvement of the educational quality of university institutions and established the National Superintendence of University Higher Education as the supervisory body. However, in May 2022, the Plenary of the Congress approved the so-called “Bill that reestablishes university autonomy”. In this sense, the interview seeks to analyze and evaluate the meaning and consequences of such project in the Peruvian educational environment.
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La Defensoría del Pueblo del Perú y el significado de sus recomendaciones
(Pontificia Universidad Católica del Perú, 2022-05-25) Luque Mogrovejo, Rolando
The ombudsmen are institutions that investigate to defend rights. The results of their research produce at least these two effects: the verification of the rights affected or put at risk, and the formulation of recommen-dations to introduce positive changes in functional behavior, norms or public policies. But, due to the treatment they receive from state enti-ties, the nature of a recommendation or its significance does not seem to be clear, and even less the obligations that the authorities have in relation to them. This essay approaches the language and the meaning of the recommendations, their “non-binding” nature, and the route that should be followed for their compliance, their discussion, and the use of complementary means to ensure that the defense of rights continues. The basis of the analysis is fundamentally the work carried out by the Peruvian Ombudsman, and the author’s experience in this institution.
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La precariedad del empleo público peruano en la contratación
(Pontificia Universidad Católica del Perú, 2022-05-25) Canessa Montejo, Miguel F.
The political debate emphasises the tasks that the state must fulfil in the face of the health and economic crisis, without assessing whether the public servants who work in the state have the capacities and skills to face these tasks. It is assumed that the Peruvian state can implement public policies based on improvisation. This is evidence of a real lack of knowledge about the working conditions of public employment. In turn, labour lawyers reduce the analysis to the exegesis of the regulation and the compilation of judicial sentences or resolutions of the National Civil Service Authority (Servir), without linking the regulation and the statistics that measure the indicators of public employment, so that we leave this connection aside or even reduce the normative proposals to a mere legal abstraction without any correspondence with the reality and its consequences that affect public servants. This article analyses public labour regimes and the impact of their application on the structure of public employment, linking the description of the regulation and the statistical results, presenting a socio-legal panorama of Peruvian public employment.
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La consulta previa en actividades extractivas: un análisis del balance y propuestas a 10 años de su aplicación en el Perú
(Pontificia Universidad Católica del Perú, 2022-05-25) O’Diana Rocca, Richard
Prior consultation is one of the most important instruments for the relationship between the State and the indigenous peoples. Prior consultation is also a key right for the survival and respect for the ways of life of indigenous peoples. This right is included in ILO Convention 169 and calls on the State Party to sit down face to face with indigenous peoples before issuing an administrative or legislative measure that may affect them.However, prior consultation is not only a right, but also an administrative procedure. It is there where the procedure has presented several improvable and perfectible factors. In the following article, we will analyze a series of elements of the prior consultation processes that need to be improved, focusing on the field of extractive activities.
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Apuntes sobre el proceso constituyente en Chile
(Pontificia Universidad Católica del Perú, 2022-05-25) Zegarra Llanos, Irene Jetsabel
In October 2019, in Chile, a series of protests and demonstrations took place, which promoted the constituent process in that country. As a result, the Constitutional Convention was formed, a body that, after a year of work, created a new constitutional text that will be voted on through a constitutional plebiscite to be held in September of this year. In this context, the purpose of this interview is to analyze and evaluate the most important aspects of the constitutional process.
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¿Por qué es importante participar en las elecciones de un juez de paz no letrado?: el perfil socio-judicial
(Pontificia Universidad Católica del Perú, 2022-05-25) Castañeda Méndez, Juan Alberto
The present research work seeks to provide good reasons for the recognition and importance of citizen participation in the electoral process of non-lawyer justices of the peace, based on the idea of the historical constitutional support of justice of the peace, the social concept of justice of the peace from the profile of a socio-judicial judge and electoral aspects of participation and guarantee of the process through the procedural nullity.The main conclusion is that there is a real need to recognize justice of the peace as a backbone issue in society and support for the judicial system itself through the good results of justice of the peace and the expectation of the local population to recognize justice as an element of their rights and duties, so that the realization of democratic elections of justices of the peace is important for an institutional vision of decentralized justice throughout the country. A position that strengthens the idea of the Constitutional State of law in its aspect of access to justice as a way to solve and legitimize justice in the daily work of citizens.
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El juicio político, el antejuicio y la vacancia por incapacidad moral: breves apuntes sobre la responsabilidad del Presidente de la República en la Constitución peruana de 1993
(Pontificia Universidad Católica del Perú, 2022-05-25) Muñoz Cabrera, Christian
The present work deals with the study of the responsibility regime of the President of the Republic in the Peruvian Constitution of 1993. To this end, the article will analyze, both from a historical and comparative approach, the figures of the political trial, the political pre-trial and the vacancy due to moral incapacity. In this way, the paper begins by reviewing the historical origins of impeachment in Anglo-Saxon systems of government. Subsequently, it studies the way in which this figure was adopted in the Peruvian model, as well as its historical development. Finally, this study focuses on the analysis of the presidential vacancy due to moral incapacity, proposing a way of understanding this figure and some reform alternatives.
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Fuentes del Derecho y precedentes constitucionales: encuentros y desencuentros en el sistema de justicia del Perú
(Pontificia Universidad Católica del Perú, 2022-05-25) Díaz Colchado, Juan Carlos
The paper explores the tensions raised within the Peruvian justice system between different legal sources due to the incorporation of binding constitutional precedent. The Peruvian legal system is ascribed to the family of civil law, where the law is the main source, however, the precedent is an institution of common law systems, where this is the most important source of law, which generates agreements and disagreements. Added to this is the convergence of two processes that are reconfiguring the sources of Peruvian law: the constitutionalization and conventionaliza-tion of law.Therefore, for the Peruvian justice system, the treatment that should be given to the agreement and disagreement that provokes the tensions between the constitutional precedent with the law, with the ordinary precedent and with the inter-American standards, represents a challenge.
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Comentarios y análisis sobre el proceso constituyente en Chile
(Pontificia Universidad Católica del Perú, 2022-05-25) Zegarra Llanos, Irene Jetsabel
With the social outbreak in Chile in October 2019, a series of demonstrations and citizen mobilizations of different sectors of society began, which promoted various requests for social claims and demands. It is from this event that, on November 12 of that year, a presidential speech was issued, through which three major agreements were proposed to overcome the crisis that was being experienced, and one of those agreements was the agreement for a new constitution.This promise gave rise to the formation of the Constitutional Convention, the body which, after a long and arduous period of work, has recently presented a new draft constitutional text, which will be accepted or rejected by means of a plebiscite to be held in September of this year. In this context, the purpose of the interview is to analyze and evaluate the most decisive aspects of the constitutional process.

Núm. 58 (2022)

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