(Pontificia Universidad Católica del Perú, 2021-11-21) Masumura Ynami, Dana Lorena; Acosta Chia, Valeria Alejandra
The public-private partnerships in Peru have been created with the intention of establishing a middle ground between privatizations and the absolute control of the State in matters of public interest. The most characteristic example of this are concessions. Despite the benefits that this entails, high levels of corruption are revealed within the concession procedures, which reduces the credibility of the public private associations. Faced with this problem, the alternative of e-procurement arises, which implies the use of technologies to ensure the transparency and efficiency of public tenders. Within this, the blockchain functions as an instrument applicable to concession procedures.In this article, the authors analyze how corruption appears as a latent problem in concessions, and then go on to answer why blockchain is an alternative to fight against it. Subsequently, theystudy how it would be possible to apply this in the concession procedures in charge of ProInversión. Finally, they identify the challenges that it would entail and analyze whether the use of the proposed tool is effective.
(Pontificia Universidad Católica del Perú, 2021-11-22) Alvarado Bayo, María del Carmen; Supo Calderón, Daniela
One of the emerging technologies that is gaining great relevance in recent years and that promises to revolutionize transactions between individuals is blockchain, a technology considered to be the leader of the so-called fourth industrial revolution due to its ability to manage digital assets and facilitate their transfer under a trustworthy decentralized scheme.This article starts from the premise that the Law must keep abreast of and adapt to technological changes in the contemporary world. Specifically, this work addresses blockchain technology and its application in a specific area of Law: Intellectual Property. In that order of ideas, the authors begin by taking a historical journey of blockchain technology, from its origins, to its regulation in various countries of the world. Then, they explain the operation and characteristics of the aforementioned technology to, finally, address its application in the Intellectual Property field and the advantages that blockchain offers to this branch of Law.
(Pontificia Universidad Católica del Perú, 2021-11-22) Ruíz Hidalgo, Carmen; Siota Álvarez, Mónica
The use of digital platforms for the provision of services and sale of goods has increased in recent years, thereby transforming the performance of markets. These transactions have called into question some of the pillars on which taxation has been based, due to the tax obligations generated. At the same time, new opportunities are created to help both tax administrations and taxpayers in the application of the tax system, also facilitating its subsequent control.Since digital platforms are destined to become important collaborating agents of the tax administration, throughout this article, the authors identify the way in which they affect the application and collection of taxes. First, they address the issue of tax enforcement, reviewing the tasks and obligations of these platforms in this regard. Then, they cover the issue of tax collection and the way in which the platforms collaborate with it.
(Pontificia Universidad Católica del Perú, 2021-11-21) Landa Arroyo, César
Over the last few decades, the relationship of dependence between humans and technology has been progressive and plausible. This has meant a greater use –by the public and private sector– of technological tools such as artificial intelligence and, in particular, algorithms. These last ones enable the performance of everyday activities such as bank transfers and other more complex ones like the early detection of crimes. In this context, the discussion on whether technological criteria should be the only limits in the development of such advances is increasingly growing.In this article, the author analyzes the influence of artificial intelligence and algorithms in various areas of society, emphasizing the risk that these can generate, in terms of fundamental rights, if its application is not limited by the respect of constitutional rights and principles. Additionally, the author evidences the obligation of the State, within the framework of a democratic and social government model, to regulate practices that, making use of technology, are potential instruments of risk to the rights of individuals.
(Pontificia Universidad Católica del Perú, 2021-11-22) Aragüez Valenzuela, Lucía
Information and communication technologies have revolutionized the world of labor by strengthening, among other things, the power of corporate surveillance. This has affected workers’ most basic rights, including their privacy, in a way that is certainly invasive. This corporate control through technological tools is sometimes not entirely transparent or honest, and can even invade the worker’s private sphere in an inadvertent way.In this article, the author reflects on these topics that, in turn, are the subject of certain controversies at the doctrinal and jurisprudential level, trying to provide a critical perspective in favor of greater protection for the working person and a strengthening of the regulations existing labor.
(Pontificia Universidad Católica del Perú, 2021-11-22) Valero Quispe, Christian Dennis
There is a tendency to digitalize human activities, as evidenced by computers and the internet. In addition to this trend, there are intelligent machines capable of simulating human behavior known as artificial intelligence, whose development has caused a radical change in the application of the different branches of knowledge, including Law.In this article, the author analyzes the irruption of intelligent systems developed in the field of Law at a national and international level, and also raises the main challenges they represent for the legal world. In addition, he argues that the mechanical part of Law will be carried out by machines, and the practical part by people; in view of which, it is no longer enough to be trained only in legal issues, it is now necessary to be trained also in technology issues, and to give greater emphasis to the subjects of argumentation and litigation. In this way, the author concludes that judges of first instance will probably be replaced by robots, but for the higher instances the decision-makers will be people (by virtue of the ideal of justice).
(Pontificia Universidad Católica del Perú, 2021-11-21) Díaz Colchado, Juan Carlos; Castro Arequipeño, Andreé
The use of new information and communication technologies in different areas of society is increasing. On one hand, there is no doubt that technology has a positive impact on society.However, on the other, its application cannot be unrestricted, but rather, based on a harmonious reading of the Constitution, it must be limited on the basis of material criteria such as fundamental rights. In this article, the authors analyze the irruption of new technologies –such as big data and algorithms– in the general theory of fundamental rights, delimiting their concepts, foundations, contents, among others. In addition, the authors explore the impact on certain fundamental rights such as personal freedom and privacy. Finally, from a critical point of view, they distinguish when the use of these new technologies in specific situations becomes constitutional or, failing that, unconstitutional.
(Pontificia Universidad Católica del Perú, 2021-11-22) Senno Vassallo, Fiorella
In this article, the author addresses the reform of the Consumer Protection and Defense Code carried out by Legislative Decree 1390, through which the Registry ‘Gracias No Insista’ was replaced by the rule of prior consent to receive mass communications with promotional purposes, which was aimed at harmonizing the consumer protection regulation with the one of personal data.In this regard, the author develops a complete analysis of the regulation of promotional communications, both from the perspective of consumer protection rights and personal data protection; to later emphasize the successes and failures of the current regulation, at a legal and practical level. Likewise, the text proposes points of improvement to the current regulation and ends with practical recommendations on this matter to suppliers and consumers.
(Pontificia Universidad Católica del Perú, 2013-07-21) Lizarzaburu, Luis Fernando Roca; Maza, María Fátima Benavides; Lecca, Diana Milberg Garrido
La recaudación en el Perú ha sido una traba constante a lo largo de los años, debido máximea la alta informalidad y elusión tributaria. La reforma aplicada en el 2012 apuntó a encontrar una solución a estos problemas, sin embargo no abarcó los temas más relevantes. Además,fue duramente criticada por su contenido, sobretodo por la Norma XVI, medida anti elusivaque permite a la Sunat determinar la verdadera naturaleza de los hechos imponibles que antesno se ajustaban a los supuestos contemplados en el Código Tributario, y así sancionarlos cuandose hallen simulaciones o elusiones. El abogado entrevistado muestra que, si bien los aspectos tratados en la reforma son positivos, dejaron de lado cuestiones de mayor relevancia –gasto público, procedimiento tributario,exoneraciones inefi cientes– por miedo político, dejando nuevamente pendiente una reforma tributaria que aborde los problemas significativos.
(Pontificia Universidad Católica del Perú, 2021-11-21) Vercelli, Ariel Hernán
The power, scope and technological capacity of certain States and their corporations bring new and complex challenges for democracies in the 21st century. The extraction of personal big data, the creation of citizens psychographic profiles and the sending of microsegmented political propaganda can affect the secret ballot and weaken democracy.This article reviews the case of Facebook Inc. – Cambridge Analytica in order to analyze how the extraction of personal big data, the violation of privacy and the use of psychography can favor the manipulation of people, groups, communities and populations. The article is part of a larger investigation that seeks to rethink internet regulations and strengthen democracies in the digital age.
(Pontificia Universidad Católica del Perú, 2021-11-21) Flaquer Riutort, Juan
The Internet increasingly radiates its essentialness in relationships, and in the different areas and activities of people. However, as we make a greater use of it, we expose our personal data to be stored and processed by third parties for commercial purposes. This is made possible by a tool that is present in most of the websites we browse on a daily basis: cookies.In this article, the author assesses the risks involved in the use of cookies for advertising purposes without an adequate legal framework. Furthermore, he analyzes the prevention and precautionary mechanisms to follow in order to ensure a balance that respects the rights of users.
(Pontificia Universidad Católica del Perú, 2021-11-22) Jiménez Alemán, José Alonzo
The financing market is one of the cornerstones for the promotion of entrepreneurship, innovation and job creation. In this regard, participatory financing (also known as crowdfunding) is positioned as an important credit tool that, among other characteristics, through technological innovation, creates a flexible ecosystem of direct intermediation that allows investors and promoters to connect on a massive scale. At the same time, it ensures an effective competition of financing sources in the credit market.In this article, the author presents a general framework on crowdfunding and critically analyzes its regulation in the Peruvian legal system. Along the same lines, taking into consideration comparative experience, he proposes some regulatory recommendations in order to promote the growth of crowdfunding and ensure its proper functioning in the market.
(Pontificia Universidad Católica del Perú, 2021-11-22) Porto Urrutia, José Miguel
The importance of having good corporate governance policies that respond to the particularities of the company is indisputable, especially in capital structures (such as startups), whose special dynamics in the industry (of venture capital) generate a high risk of harming the interests of disadvantaged groups (such as minority shareholders). In addition, there is a risk of unduly influencing management, due to the privileged position that certain groups hold (such as investors with a high financial capacity).In this order of ideas, this article exposes the challenges and complexities that the venture capital industry is going through, mainly in the Peruvian startup market. Likewise, the author analyzes some proposals for good corporate governance, in order to outline a starting point in the search for practices and policies that allow the consolidation of the figure in the country.
(Pontificia Universidad Católica del Perú, 2021-11-22) Feijóo Cambiaso, Raúl Humberto
We are currently immersed in accelerated technological progress, which brings with it both advantages for the world of communications and challenges for fundamental rights. These challenges are exemplified when talking about communications within the workplace. The phenomenon is such that both the Peruvian Supreme Court and Constitutional Court have emphasized the protection of the worker against a possible inspection by the employer of the content of his work email, unless there is a prior judicial investigation.This article analyzes the right to secrecy and inviolability of communications in labor relations from a current perspective. The axis of the research deals with the treatment of technological support provided by employers, especially the regulation of institutional emails. The author performs a comparative analysis of Peruvian, Spanish and European Court of Human Rights jurisprudence and concludes by delving into the topic of control of conversations in the worker’s social media carried out by means of an electronic support provided by the employer.
(Pontificia Universidad Católica del Perú, 2021-11-22) Rezqallah Arón, Tamara
Actualmente, vivimos una época de revolución tecnológica que ha alcanzado al sistema financiero. Cada vez son más comunes las FinTech o empresas que ofrecen productos y servicios financieros que se apalancan de la tecnología para ser más eficientes y ofrecer al usuario soluciones efectivas relacionadas con las finanzas. Ahora bien, la novedad e innovación aportadas por las FinTech no solo ofrecen ventajas a los usuarios y al mercado; sino que también representan desafíos para el regulador, pues este debe buscar el equilibrio entre la tutela de bienes constitucionales y el aseguramiento de un ecosistema legal idóneo para el desarrollo de las FinTech.Así las cosas, una alternativa que parece balancear todo ello es la implementación de un sandbox regulatorio: es decir, un espacio controlado en el que las FinTech pueden probar sus productos y servicios en tiempo real. Reguladores de todo el mundo vienen implementado sandboxes en sus jurisdicciones con resultados alentadores. En tal sentido, debido a su flexibilidad y adaptabilidad a distintos ordenamientos jurídicos, la implementación de un sandbox regulatorio es una alternativa atractiva para el desarrollo de la industria FinTech en Perú.
(Pontificia Universidad Católica del Perú, 2021-11-22) Castellano, Pere Simón
Judicial proceedings and trials will be digital or they will not be. Overcoming the debate about the convenience of embracing the technological advance does not imply accepting integrated positions de facto. The COVID-19 pandemic has further highlighted the troubles and deficits of Spanish judicial proceedings. A slow justice, paralyzed due to remote work and without resources or guarantees to hold trials at a distance, is not justice. Excuses are running out today faster than ever, since new levels of effectiveness, efficiency, and speed, with full respect of procedural guarantees, can be reached with the use of most modern new technologies.This article explores the possibilities of using artificial intelligence systems in a specific area: the assessment of evidence. In this context, the hypothesis that the article aims to demonstrate is that although the human presence will continue to be necessary in judicial proceedings, artificial intelligence systems could support the free assessment of evidence by the judge and cover those gaps where the human mind shows its most erratic side, such as during corroborations.
(Pontificia Universidad Católica del Perú, 2021-11-22) Hierro Viétiez, Gonzalo
Digital transformation is advancing by leaps and bounds. In this scenario, blockchain technology, has successfully positioned itself in the digital and legal world, mainly due to its ability to create an ideal ecosystem for the execution of smart contracts, as well as its usefulness in developing accessible arbitration procedures, especially in small claims disputes.This article provides an overview of blockchain which, although still in its embryonic stage, has demonstrated significant advances in relation to smart contracts and dispute resolution mechanisms. It also outlines the particular qualities of this technology which, when applied in arbitration, represent multiple benefits as opposed to conventional arbitration.
(Pontificia Universidad Católica del Perú, 2021-11-22) Izquierdo, H. Andrés
There is growing attention and discussion on how national laws or international agreements should allow or prevent the fundamental right to research through text and data mining, and artificial intelligence. This article examines how copyright laws are beginning to regulate the subject matter. The most recent legislative amendments cover the inclusion of new exceptions and limitations in the rules of reproduction, storage, and public communication of works.The analysis indicates that the standards adopted or used to regulate text and data mining (TDM) vary in their content and purpose from one country to another, which begins to generate a varied, inadequate, and incompatible international environment for project development based in text and data mining and artificial intelligence. The article concludes with some thoughts regarding the right of research, artificial intelligence, data and text mining, and the creation of new limitations and exceptions to copyright law.
(Pontificia Universidad Católica del Perú, 2021-11-21) Alvarado Escobar, Omar
In this article, the author addresses the issue of net neutrality and its relationship with freedom of speech. Specifically, he studies if net neutrality policies that operate ex ante regulations really have an important and supportive role in the protection of freedom of speech on the internet. Thus, the aim is to review certain premises that support the current regulations that rule net neutrality and the other fundamental rights with which these regulations collide. In that way, the article gives a conceptual framework of the actors in cyberspace; later, it presents the arguments with which net neutrality has been connected with freedom of speech; and, finally, the author makes a critic about the importance that has been given to net neutrality in the protection of freedom of speech and the possible collisions with other fundamental rights that they may have.
(Pontificia Universidad Católica del Perú, 2021-11-22) Blume Moore, Iván
Information and communications technologies, known as ICT, have undoubtedly contributed to the development of societies through the multiplication of data processing and storage in everyday relationships. At the same time and notwithstanding, it is not possible to ignore the risks that these have caused, in relation to the lack of security of personal data. This situation has generated the development of regulatory frameworks aimed at counteracting such risks. Among these regulations, there are the ones relating to the workplace.In this article, the author reviews the novelties brought about by the entry into force of the Personal Data Protection Law (Law 29733) in Peruvian law. Subsequently, he points out and describes the basic concepts involved in the topic of personal data protection. In a third section, he develops the obligations of employers regarding the protection of personal data and the challenges that this faces in the face of global changes. Finally, he illustrates all this through cases of jurisprudence.
