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Los miembros de los grupos armados organizados y la violencia intra filas : ¿puede el Derecho Internacional Humanitario ofrecer una respuesta a este problema?
(Pontificia Universidad Católica del Perú, 2017-12-12)
PONTIFICIA UNIVERSIDAD CATÓLICA DEL PERÚ
FACULTAD DE DERECHO
n
Los miembros de los grupos armados organizados y la violencia intra filas: ¿puede
el Derecho Internacional Humanitario ofrecer una respuesta a este...
problema? Tesis para optar por el Título de Abogada que presenta la Bachillera en Derecho: RITA DEL PILAR LUCILA ZAFRA RAMOS Asesora: Mg. Michelle Reyes Milk 2017, Lima RESUMEN El tema de la presente tesis tiene relevancia jurídica actual, en el...
problema? Tesis para optar por el Título de Abogada que presenta la Bachillera en Derecho: RITA DEL PILAR LUCILA ZAFRA RAMOS Asesora: Mg. Michelle Reyes Milk 2017, Lima RESUMEN El tema de la presente tesis tiene relevancia jurídica actual, en el...
Producción de maíz amarillo duro y moratoria a la importación de semillas transgénicas en el Perú
(Pontificia Universidad Católica del Perú, 2022-08-23)
de
2015 se modificó la metodología de cálculo del derecho adicional resultante del sistema
de franja de precios (SFP) aplicable a las importaciones de MAD. La presente
investigación estudia el comportamiento de la producción de MAD en el Perú ante la...
In December 2011, the Law on the moratorium on the entry and production of genetically modified organisms (GMO) was enacted, which prohibits their use for crops in Peru. In March 2015, as part of the implementation of the law, the list of restricted goods was published for consultation, in which the seeds of hard yellow corn (MAD) were incorporated, the date from which producers and importers had certainty of their inclusion in the moratorium. In economic terms, this measure represents a trade protection in the seed market and a technological restriction for the national production of MAD, which competes with imported MAD that does not face the same restriction in their countries of origin. For its part, in April 2015, the methodology for calculating the additional duty resulting from the price band system (SFP) applicable to MAD imports was modified. This research studies the behavior of MAD production in Peru with respect to the imposition of the GMO moratorium, by analyzing the interaction of MAD production with the main related variables, such as MAD imports, poultry meat production, MAD seeds import prices, the imposition of the moratorium on GMO, and the application of the SFP; for which a Vector Auto Regressive (VAR) model is applied. A structural break was found in the production of MAD from the fourth quarter of 2015, which has a negative effect on its subsequent behavior, and which is associated with the moratorium on GMOs. Likewise, there is a positive and significant response of MAD production with respect to lags of itself, and a negative and significant response to changes in the import price of MAD seeds. Finally, no meaningful relationship was found between the production of MAD and the application of the additional duty of the SFP....
In December 2011, the Law on the moratorium on the entry and production of genetically modified organisms (GMO) was enacted, which prohibits their use for crops in Peru. In March 2015, as part of the implementation of the law, the list of restricted goods was published for consultation, in which the seeds of hard yellow corn (MAD) were incorporated, the date from which producers and importers had certainty of their inclusion in the moratorium. In economic terms, this measure represents a trade protection in the seed market and a technological restriction for the national production of MAD, which competes with imported MAD that does not face the same restriction in their countries of origin. For its part, in April 2015, the methodology for calculating the additional duty resulting from the price band system (SFP) applicable to MAD imports was modified. This research studies the behavior of MAD production in Peru with respect to the imposition of the GMO moratorium, by analyzing the interaction of MAD production with the main related variables, such as MAD imports, poultry meat production, MAD seeds import prices, the imposition of the moratorium on GMO, and the application of the SFP; for which a Vector Auto Regressive (VAR) model is applied. A structural break was found in the production of MAD from the fourth quarter of 2015, which has a negative effect on its subsequent behavior, and which is associated with the moratorium on GMOs. Likewise, there is a positive and significant response of MAD production with respect to lags of itself, and a negative and significant response to changes in the import price of MAD seeds. Finally, no meaningful relationship was found between the production of MAD and the application of the additional duty of the SFP....
Acerca de la Resolución N°078-2016/CLC-INDECOPI, Caso Farmacias del Perú. Análisis sobre la posibilidad de atribuir responsabilidad administrativa respecto a los laboratorios farmacéuticos
(Pontificia Universidad Católica del Perú, 2022-03-16)
Nortfarma
S.A.C, por la comisión de prácticas colusorias horizontales, en la modalidad de fijación
concertada de precios de venta, a nivel nacional, en el periodo 2008-2009. Para ello, se ha
hecho uso de instituciones propias del Derecho Administrativo, así...
This paper analyzes the problems arising from the administrative sanctioning procedure against Albis S.A., Boticas y Salud S.A.C., Botica Torres de Limatambo S.A.C., Farmacias Peruana S.A., Eckerd Perú S.A., Mifarma S.A.C. and Nortfarma S.A.C., for the commission of horizontal collusive practices, in the modality of concerted fixing of sales prices, at national level, in the period 2008-2009. For this purpose, use has been made of institutions of Administrative Law, as well as other branches of Law, such as Constitutional Law, in order to determine whether it was possible to attribute administrative liability to pharmaceutical laboratories, as economic agents involved in the concerted fixing of prices. In this way, the analysis has emphasized the possibility of (i) imputing the commission of vertical collusive practices and (ii) the concurrence with corrective measures. Subsequently, the results of the investigation show: firstly, that it was indeed feasible to attribute liability 2 to the pharmaceutical laboratories as participants in an anticompetitive conduct. Secondly, that the appropriate charge should have been "vertical collusive practices", instead of horizontal collusive practices. Thirdly, that the concurrence of a sanction and corrective measures was admissible, both for the pharmacy chains and for the laboratories, provided that the principles of typicality, reasonableness and proportionality were guaranteed....
This paper analyzes the problems arising from the administrative sanctioning procedure against Albis S.A., Boticas y Salud S.A.C., Botica Torres de Limatambo S.A.C., Farmacias Peruana S.A., Eckerd Perú S.A., Mifarma S.A.C. and Nortfarma S.A.C., for the commission of horizontal collusive practices, in the modality of concerted fixing of sales prices, at national level, in the period 2008-2009. For this purpose, use has been made of institutions of Administrative Law, as well as other branches of Law, such as Constitutional Law, in order to determine whether it was possible to attribute administrative liability to pharmaceutical laboratories, as economic agents involved in the concerted fixing of prices. In this way, the analysis has emphasized the possibility of (i) imputing the commission of vertical collusive practices and (ii) the concurrence with corrective measures. Subsequently, the results of the investigation show: firstly, that it was indeed feasible to attribute liability 2 to the pharmaceutical laboratories as participants in an anticompetitive conduct. Secondly, that the appropriate charge should have been "vertical collusive practices", instead of horizontal collusive practices. Thirdly, that the concurrence of a sanction and corrective measures was admissible, both for the pharmacy chains and for the laboratories, provided that the principles of typicality, reasonableness and proportionality were guaranteed....
El derecho a la libertad de expresión artística en el Estado Constitucional
(Pontificia Universidad Católica del Perú, 2019-07-25)
PONTIFICIA UNIVERSIDAD CATÓLICA DEL PERÚ
ESCUELA DE POSGRADO
TÍTULO
«EL DERECHO A LA LIBERTAD DE EXPRESIÓN ARTÍSTICA EN EL ESTADO
CONSTITUCIONAL»
TESIS PARA OPTAR EL GRADO ACADÉMICO DE...
MAGÍSTER EN DERECHO CONSTITUCIONAL AUTOR Néstor Daniel Loyola Ríos ASESORA Dra. Elena Cecilia Alvites Alvites Marzo, 2019 RESUMEN Este trabajo de investigación aborda en forma dogmática y jurisprudencial el derecho...
MAGÍSTER EN DERECHO CONSTITUCIONAL AUTOR Néstor Daniel Loyola Ríos ASESORA Dra. Elena Cecilia Alvites Alvites Marzo, 2019 RESUMEN Este trabajo de investigación aborda en forma dogmática y jurisprudencial el derecho...
Consecuencias jurídicas y sociales de la inadecuada calificación entre conflicto y violencia familiar
(Pontificia Universidad Católica del Perú, 2023-05-09)
internacional que nos
brinda soporte legal respecto al concepto de violencia contra la mujer e
integrantes del grupo familiar, como el Pacto Internacional de Derechos Civiles
y Políticos y Pacto Internacional de Derechos Económicos, Sociales y Culturales...
This article aims to determine the legal and social consequences of the inadequate interpretation between family violence and family conflict; Thus, it will contribute to generate concepts that identify certain positions for the proper application, safeguarding the development of society and thefamily. In Peru, the concept of family conflict is not defined, however, there are laws that theoretically refer to the concept of violence, such as Law No. 30364, where it defines the term violence and identifies and differentiates between violence against women and violence against members of the family group. Along the same lines, we have a diverse international legal framework that provides us with legal support regarding the concept of violence against women and members of the family group, such as the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights; United Nations Declaration on the elimination of violence against women; Convention on the elimination of violence against women; Convention on the elimination of all forms of discrimination against women CEDAW, Convention on the Rights of the Child; International Convention on all racial discrimination, Inter-American Convention to prevent, punish and eradicate violence against women - "Convention of Belém Do Pará", among others. As we have pointed out, there is no legal basis that delimits these terms, which are applied without considering their differences, so that, through this document, we will establish the legal and social consequences generated by not establishing a specific normative framework, doctrinaire that allows the analysis of facts that occur in our society....
This article aims to determine the legal and social consequences of the inadequate interpretation between family violence and family conflict; Thus, it will contribute to generate concepts that identify certain positions for the proper application, safeguarding the development of society and thefamily. In Peru, the concept of family conflict is not defined, however, there are laws that theoretically refer to the concept of violence, such as Law No. 30364, where it defines the term violence and identifies and differentiates between violence against women and violence against members of the family group. Along the same lines, we have a diverse international legal framework that provides us with legal support regarding the concept of violence against women and members of the family group, such as the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights; United Nations Declaration on the elimination of violence against women; Convention on the elimination of violence against women; Convention on the elimination of all forms of discrimination against women CEDAW, Convention on the Rights of the Child; International Convention on all racial discrimination, Inter-American Convention to prevent, punish and eradicate violence against women - "Convention of Belém Do Pará", among others. As we have pointed out, there is no legal basis that delimits these terms, which are applied without considering their differences, so that, through this document, we will establish the legal and social consequences generated by not establishing a specific normative framework, doctrinaire that allows the analysis of facts that occur in our society....
Análisis de la participación ciudadana en la gestión ambiental: A la luz de los principios del buen gobierno
(Pontificia Universidad Católica del Perú, 2023-05-08)
transparentes y
participativos, con el objetivo de garantizar de manera estructural el correcto funcionamiento
del sistema estatal, la realización de los derechos humanos, así como el interés general.
Ciertamente, en el marco de la Evaluación de Desempeño...
This research focuses on the analysis of citizen participation in the field of environmental management in Peru. Citizen participation is one of the fundamental pillars of good governance, which should guide the actions of all public entities, seeking to respect the decisions resulting from a negotiated adaptation of interests, according to transparent rules defined in the public space. To this end, it is necessary for the State to promote transparent and participatory institutional frameworks, with the aim of structurally guaranteeing the proper functioning of the State system, the realization of human rights, as well as the general interest. Certainly, in the framework of the Environmental Performance Evaluation of Peru, carried out by the Economic Commission for Latin America and the Caribbean, there is deficient compliance with respect to the obligation on the part of the sectorial authorities in charge of regulating the participation processes, among others. In addition, the high rate of socio-environmental conflicts suggests the urgent need to adopt measures aimed at improving the processes of citizen participation by the Peruvian State, in order to protect the rights of citizens, with special emphasis on those in vulnerable situations, such as indigenous peoples. For this purpose, it is essential that the Ministry of the Environment seeks to exercise citizen participation in a direct way, through suggestions, consultations and/or comments from citizens, through the exclusive digital portal of the environmental management agencies; and to inform about the participatory budget for environmental management. This research is divided into three chapters: the first will deal with the Right to Citizen Participation in the management of public policies in general....
This research focuses on the analysis of citizen participation in the field of environmental management in Peru. Citizen participation is one of the fundamental pillars of good governance, which should guide the actions of all public entities, seeking to respect the decisions resulting from a negotiated adaptation of interests, according to transparent rules defined in the public space. To this end, it is necessary for the State to promote transparent and participatory institutional frameworks, with the aim of structurally guaranteeing the proper functioning of the State system, the realization of human rights, as well as the general interest. Certainly, in the framework of the Environmental Performance Evaluation of Peru, carried out by the Economic Commission for Latin America and the Caribbean, there is deficient compliance with respect to the obligation on the part of the sectorial authorities in charge of regulating the participation processes, among others. In addition, the high rate of socio-environmental conflicts suggests the urgent need to adopt measures aimed at improving the processes of citizen participation by the Peruvian State, in order to protect the rights of citizens, with special emphasis on those in vulnerable situations, such as indigenous peoples. For this purpose, it is essential that the Ministry of the Environment seeks to exercise citizen participation in a direct way, through suggestions, consultations and/or comments from citizens, through the exclusive digital portal of the environmental management agencies; and to inform about the participatory budget for environmental management. This research is divided into three chapters: the first will deal with the Right to Citizen Participation in the management of public policies in general....
¿El juez constitucional es competente para declarar un ECI? La situación de los Establecimientos Penitenciarios en el Perú
(Pontificia Universidad Católica del Perú, 2023-07-10)
La población penitenciaria ha sido víctima de vulneraciones de sus derechos
fundamentales sistemáticamente, no solo por causas de infraestructura o
respecto las condiciones en que se encuentran las cárceles en el Perú, sino
porque obedece a factores...
The prison population has been the victim of systematic violations of their fundamental rights, not only because of infrastructure or the conditions in which Peru's prisons are located, but also because of structural factors. In this sense, it is important to ask ourselves who is watching over them, if the State is failing to comply with its internal obligations and international commitments in prison matters. Therefore, it is the constitutional judges who have the duty to guarantee the satisfaction of fundamental rights, but especially of those who represent part of the vulnerable population, since there is a special duty towards them. Thus, the figure of the State of Unconstitutional Things is presented as the competence of the judges of higher instance to be able to pronounce and not have a passive role in the face of serious, massive and widespread violations of those who are deprived of their liberty, the same who have been excluded and ignored for many years. To reverse this unconstitutional situation, it is necessary the joint participation of the powers of the State, of the entities, of society in general and of the joint work at the national level of all the actors. Therefore, judges are competent to declare a State of Unconstitutional Things, as well as to establish the measures to overcome the situation and the follow-up of these measures, for which cooperation and a multidisciplinary approach to the issue is necessary, The problem of overcrowding and the appalling living conditions inside Peruvian prisons needs to be addressed from various angles, including the voices of various actors, in order to gradually respect and recognize the fundamental rights of prisoners, who despite serving their sentences, do not deserve to be treated inhumanely....
The prison population has been the victim of systematic violations of their fundamental rights, not only because of infrastructure or the conditions in which Peru's prisons are located, but also because of structural factors. In this sense, it is important to ask ourselves who is watching over them, if the State is failing to comply with its internal obligations and international commitments in prison matters. Therefore, it is the constitutional judges who have the duty to guarantee the satisfaction of fundamental rights, but especially of those who represent part of the vulnerable population, since there is a special duty towards them. Thus, the figure of the State of Unconstitutional Things is presented as the competence of the judges of higher instance to be able to pronounce and not have a passive role in the face of serious, massive and widespread violations of those who are deprived of their liberty, the same who have been excluded and ignored for many years. To reverse this unconstitutional situation, it is necessary the joint participation of the powers of the State, of the entities, of society in general and of the joint work at the national level of all the actors. Therefore, judges are competent to declare a State of Unconstitutional Things, as well as to establish the measures to overcome the situation and the follow-up of these measures, for which cooperation and a multidisciplinary approach to the issue is necessary, The problem of overcrowding and the appalling living conditions inside Peruvian prisons needs to be addressed from various angles, including the voices of various actors, in order to gradually respect and recognize the fundamental rights of prisoners, who despite serving their sentences, do not deserve to be treated inhumanely....
La aplicación del principio de primacía de la realidad en la jurisprudencia peruana para la reposición laboral de los servidores públicos CAS como una forma adecuada de protección frente al despido arbitrario
(Pontificia Universidad Católica del Perú, 2024-04-19)
crítico, presento algunos criterios empleados en nuestra justicia
jurisdiccional con relación a la reposición laboral, a fin de analizar si los órganos
jurisdiccionales, como garantes de la justicia, orientan sus decisiones hacia la protección
del derecho...
A normative diversity of labor regimes that exists in public employment and the positions assumed in national jurisprudence, when resolving cases of denaturalization of service orders (service providers) and ineffectiveness of administrative service contracts in the field of public employment we see that public servants have less labor protection with respect to job replacement (restitution effect) that the private sector does recognize. As a critical comment, I present some criteria used in our jurisdictional justice in relation to job replacement, in order to analyze whether the jurisdictional bodies, as guarantors of justice, orient their decisions towards the protection of the right to work, based on or primacy reality, or to protect the interests of the State (in budgetary terms). This is more clearly denoted by the Judgment of the TC relapsed in File No. 002- 2010-PI / TC that declares the CAS regime as a special labor regime or the Huatuco Precedent, to go unnoticed the existing and evident labor relationship, regardless of the need to apply diffuse control to administer justice, an aspect that limits effective judicial protection. In other words, it seems that the State has a "marque certificate" to affect constitutional rights, under the pretext of the public budget. Therefore, the objective of this article is to focus the position of job replacement in the public sector, as a consequence of the existence of a job stability that should not be lost if we propose the defense of labor law in application of labor principles, in special the principle of primacy of reality....
A normative diversity of labor regimes that exists in public employment and the positions assumed in national jurisprudence, when resolving cases of denaturalization of service orders (service providers) and ineffectiveness of administrative service contracts in the field of public employment we see that public servants have less labor protection with respect to job replacement (restitution effect) that the private sector does recognize. As a critical comment, I present some criteria used in our jurisdictional justice in relation to job replacement, in order to analyze whether the jurisdictional bodies, as guarantors of justice, orient their decisions towards the protection of the right to work, based on or primacy reality, or to protect the interests of the State (in budgetary terms). This is more clearly denoted by the Judgment of the TC relapsed in File No. 002- 2010-PI / TC that declares the CAS regime as a special labor regime or the Huatuco Precedent, to go unnoticed the existing and evident labor relationship, regardless of the need to apply diffuse control to administer justice, an aspect that limits effective judicial protection. In other words, it seems that the State has a "marque certificate" to affect constitutional rights, under the pretext of the public budget. Therefore, the objective of this article is to focus the position of job replacement in the public sector, as a consequence of the existence of a job stability that should not be lost if we propose the defense of labor law in application of labor principles, in special the principle of primacy of reality....
La incorporación del consentimiento del hijo en el reconocimiento de su filiación extramatrimonial como mecanismo de protección de su derecho al nombre
(Pontificia Universidad Católica del Perú, 2015-03-25)
El tema de investigación es el derecho al nombre del hijo inscrito en el Registro Civil únicamente con los apellidos de un solo progenitor que fuese reconocido como tal en un momento posterior a la inscripción de su nacimiento, y que por el lapso de...
Los derechos laborales de los trabajadores migrantes en el Perú
(Pontificia Universidad Católica del Perú, 2016-05-23)
analizar la regulación laboral peruana aplicable a los trabajadores extranjeros, de modo que podamos determinar si es una legislación adecuada y acorde a los estándares internacionales sobre migración laboral, que garantice el respeto de los derechos...