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La anomalía psíquica como causal de inimputabilidad en el derecho penal peruano
(Pontificia Universidad Católica del Perú, 2023-05-29)
Derecho penal parte de la concepción del libre albedrío como garantía para aplicar las
consecuencias contempladas en nuestro ordenamiento. Solo quien ha actuado de forma
libre y plena podrá ser penalmente responsable de sus actos cuando estos...
Criminal law is based on the concept of free will as a guarantee to apply the consequences contemplated in our legal system. Only those who have acted freely and fully may be criminally liable for their acts when they constitute a crime. However, Article 20 of the Peruvian Criminal Code contemplates psychic anomaly as a cause for exclusion of criminal liability. This cause has a merely enunciative regulation whose content is necessary to understand in order to ensure a legitimate application of the figure, since it is clear that the contributions of criminal doctrine and use of other disciplines are not taken into account adequately today by the operators of justice. To this end, the present research addresses the issue of psychic anomaly as a cause of unimputability in Peruvian criminal law. First, the concept of freedom and its link with imputability in criminal terms is developed. Next, the concept of psychic anomalies and their classification according to the specialized discipline of psychiatry is analyzed. Finally, an account is given of the response provided by the law to the recognition of psychic anomalies as grounds for unimputability. In sum, it is concluded from all the above that the psychic anomaly must be understood as composed of an evidently personal aspect and a social one, and it is this that must be understood, evaluated and applied by the operators of justice in order to guarantee its correct implementation....
Criminal law is based on the concept of free will as a guarantee to apply the consequences contemplated in our legal system. Only those who have acted freely and fully may be criminally liable for their acts when they constitute a crime. However, Article 20 of the Peruvian Criminal Code contemplates psychic anomaly as a cause for exclusion of criminal liability. This cause has a merely enunciative regulation whose content is necessary to understand in order to ensure a legitimate application of the figure, since it is clear that the contributions of criminal doctrine and use of other disciplines are not taken into account adequately today by the operators of justice. To this end, the present research addresses the issue of psychic anomaly as a cause of unimputability in Peruvian criminal law. First, the concept of freedom and its link with imputability in criminal terms is developed. Next, the concept of psychic anomalies and their classification according to the specialized discipline of psychiatry is analyzed. Finally, an account is given of the response provided by the law to the recognition of psychic anomalies as grounds for unimputability. In sum, it is concluded from all the above that the psychic anomaly must be understood as composed of an evidently personal aspect and a social one, and it is this that must be understood, evaluated and applied by the operators of justice in order to guarantee its correct implementation....
La eficacia en actos administrativos de notificación expedidos por medios electrónicos en Sunafil
(Pontificia Universidad Católica del Perú, 2023-05-09)
entidad pública está obligada a
realizar una notificación expresa, regular y válida que permita que el acto
administrativo genere efectos jurídicos.
Así como garantizar los derechos de los administrados, el debido proceso, el
derecho de defensa...
With the entry into force of Supreme Decree No. 003-2020-TR of January 14, 2020, the mandatory use of notification via electronic box of notifications in administrative procedures and actions of the National Superintendency of Labor Inspection (SUNAFIL) was established) through its Electronic Notification Information System to expedite labor inspection processes. This mandatory implementation carried out by Supreme Decree has revealed endless problems associated with an alleged invalid notification as a consequence of the fact that several employer entities were not reliably informed of the existence of the electronic mailbox assigned unilaterally by SUNAFIL, facts that give rise to the imposition of administrative sanctions. . Being necessary to analyze the requirements of validity and effectiveness of the notification made by electronic box of administrative acts. Analyze whether the electronic notification method used by SUNAFIL takes into account the binding force of administrative acts on the guarantee basis of constitutional rights such as due process, the right to defense, contradiction and access to public administration. In this sense, the way in which administrative actions are issued and notified by electronic box, the consent, the acknowledgment of receipt and the form of materialization of the principle of publicity as a fundamental purpose of the State, specifically what is related to the legal effects, will be examined. administrative acts and the obligation of individuals against them....
With the entry into force of Supreme Decree No. 003-2020-TR of January 14, 2020, the mandatory use of notification via electronic box of notifications in administrative procedures and actions of the National Superintendency of Labor Inspection (SUNAFIL) was established) through its Electronic Notification Information System to expedite labor inspection processes. This mandatory implementation carried out by Supreme Decree has revealed endless problems associated with an alleged invalid notification as a consequence of the fact that several employer entities were not reliably informed of the existence of the electronic mailbox assigned unilaterally by SUNAFIL, facts that give rise to the imposition of administrative sanctions. . Being necessary to analyze the requirements of validity and effectiveness of the notification made by electronic box of administrative acts. Analyze whether the electronic notification method used by SUNAFIL takes into account the binding force of administrative acts on the guarantee basis of constitutional rights such as due process, the right to defense, contradiction and access to public administration. In this sense, the way in which administrative actions are issued and notified by electronic box, the consent, the acknowledgment of receipt and the form of materialization of the principle of publicity as a fundamental purpose of the State, specifically what is related to the legal effects, will be examined. administrative acts and the obligation of individuals against them....
La sucesión frente al concebido como potencial heredero
(Pontificia Universidad Católica del Perú, 2022-03-26)
cuales pretenden brindar una alternativa y abrir la posibilidad que en un eventual
procedimiento de declaración de herederos vía notarial se pueda declarar e incluir en el
mismo al concebido, de manera tal que no se afecten sus derechos sobre la masa...
The present research work consists of the analysis of the legal situation of the forced heirs compared to the conceived, as a potential heir; given that the situation of the conceived is uncertain, but even so he holds the hereditary vocation due to his relationship of filiation with the deceased, which suggests who would be the heirs that must be declared as such through a notarial procedure. The research problem was to analyze whether the conceived person should be declared heir and in what way it should arrive at the registry, both in the Registry of Intestate Succession and in the Real Property Registry, in general, with respect to the hereditary estate; taking into account the legal condition imposed on the conceived and that it also deserves its registration for the purposes of publicity and enforceability. The development of this work was carried out on the basis of the doctrine and the norms that regulate the legal situation of the conceived, of the succession, as well as of the notarial intestate succession procedure, analyzing the nature of the notarial act and the registration of acts in the Registry of Intestate Succession and of the Real Property Registry. The foregoing was decisive for the formulation of the conclusions and recommendations, which are intended to provide an alternative and open the possibility that in an eventual procedure of declaration of heirs via notarial procedure, the person conceived can be declared and included in it, in such a way that no their rights over the hereditary estate are affected but neither are the rights of the other heirs....
The present research work consists of the analysis of the legal situation of the forced heirs compared to the conceived, as a potential heir; given that the situation of the conceived is uncertain, but even so he holds the hereditary vocation due to his relationship of filiation with the deceased, which suggests who would be the heirs that must be declared as such through a notarial procedure. The research problem was to analyze whether the conceived person should be declared heir and in what way it should arrive at the registry, both in the Registry of Intestate Succession and in the Real Property Registry, in general, with respect to the hereditary estate; taking into account the legal condition imposed on the conceived and that it also deserves its registration for the purposes of publicity and enforceability. The development of this work was carried out on the basis of the doctrine and the norms that regulate the legal situation of the conceived, of the succession, as well as of the notarial intestate succession procedure, analyzing the nature of the notarial act and the registration of acts in the Registry of Intestate Succession and of the Real Property Registry. The foregoing was decisive for the formulation of the conclusions and recommendations, which are intended to provide an alternative and open the possibility that in an eventual procedure of declaration of heirs via notarial procedure, the person conceived can be declared and included in it, in such a way that no their rights over the hereditary estate are affected but neither are the rights of the other heirs....
Un análisis respecto al uso de las redes sociales, durante la jornada laboral, en los equipos electrónicos brindados por el empleador a los trabajadores
(Pontificia Universidad Católica del Perú, 2023-03-30)
fiscalización en los equipos electrónicos
involucrados en el desarrollo del giro del negocio a fin de verificar que se estén
usando de idóneamente, sin que ello suponga la vulneración al derecho de
intimidad del trabajador.
Pues bien, el presente artículo...
In the last years technology has had a great advance, giving way to the creation of various types of social networks; likewise, this advance has not been alien to the labor field, which has generated the implementation of various technological mechanisms, such as electronic equipment, which have access to various social networks. This generates situations of conflict between the employer and the workers, because it must be verified that the employer can exercise its supervisory power in the electronic equipment involved in the development of the business in order to verify that they are being used properly, without this entailing the violation of the right to privacy of the worker. This academic article intends to evaluate whether the employer may or may not exercise its supervisory power over the electronic equipment provided to the employee for the performance of his duties. Thus, and in order to arrive at such answer, it is intended to develop the different social networks and their implication in the labor relationship; the regulatory power as a mechanism to avoid violating the employee's right to privacy; and, finally, the supervisory power and sanction with respect to the faults committed by the employee. Finally, by means of interpretative methods of doctrine, legislation, and jurisprudence, it is concluded that the employer can exercise this supervisory power over electronic equipment, provided that certain assumptions regarding the regulatory power have been previously met....
In the last years technology has had a great advance, giving way to the creation of various types of social networks; likewise, this advance has not been alien to the labor field, which has generated the implementation of various technological mechanisms, such as electronic equipment, which have access to various social networks. This generates situations of conflict between the employer and the workers, because it must be verified that the employer can exercise its supervisory power in the electronic equipment involved in the development of the business in order to verify that they are being used properly, without this entailing the violation of the right to privacy of the worker. This academic article intends to evaluate whether the employer may or may not exercise its supervisory power over the electronic equipment provided to the employee for the performance of his duties. Thus, and in order to arrive at such answer, it is intended to develop the different social networks and their implication in the labor relationship; the regulatory power as a mechanism to avoid violating the employee's right to privacy; and, finally, the supervisory power and sanction with respect to the faults committed by the employee. Finally, by means of interpretative methods of doctrine, legislation, and jurisprudence, it is concluded that the employer can exercise this supervisory power over electronic equipment, provided that certain assumptions regarding the regulatory power have been previously met....
Análisis del impacto actual de las audiencias arbitrales virtuales en la práctica común y la garantía del debido proceso
(Pontificia Universidad Católica del Perú, 2024-04-01)
específicamente con asegurar el derecho debido proceso con
el que cuentan las partes dentro de un arbitraje.
En ese sentido, se examinarán distintos supuestos en los que el cumplimiento
del referido derecho pueda resultar afectado, entre los que resaltan la falta...
The virtual arbitral proceedings emerged and/or had greater exposure with the global Covid-19 pandemic, causing their particularities to evolve over time. Currently, certain controversies persist regarding compliance to procedural guarantees during the course of these proceedings. In this academic report, an analysis will be conducted regarding the impact of virtual arbitral proceedings based on the common practice of this act, considering that the social context has significantly changed over time resulting in different adaptations in its usage. It will be relevant to observe if the development of these proceedings within the virtuality framework ensures the due process rights that parties have within an arbitration. In this regard, different scenarios will be examined in which the compliance of the referred right may be affected, including the lack of technological knowledge and connectivity problems which stand out as for the parties and the arbitrators, as they are the key actors of the arbitral process. Likewise, the question of the possibly annulment of arbitral awards will be addressed, taking into consideration the existing limitations of these challenge mechanism. Therefore, to achieve the development of this analysis, the relevant current regulations, arbitration jurisprudence and different academic texts related to the proposed issues have been reviewed. This provides greater support to the conclusions of this report....
The virtual arbitral proceedings emerged and/or had greater exposure with the global Covid-19 pandemic, causing their particularities to evolve over time. Currently, certain controversies persist regarding compliance to procedural guarantees during the course of these proceedings. In this academic report, an analysis will be conducted regarding the impact of virtual arbitral proceedings based on the common practice of this act, considering that the social context has significantly changed over time resulting in different adaptations in its usage. It will be relevant to observe if the development of these proceedings within the virtuality framework ensures the due process rights that parties have within an arbitration. In this regard, different scenarios will be examined in which the compliance of the referred right may be affected, including the lack of technological knowledge and connectivity problems which stand out as for the parties and the arbitrators, as they are the key actors of the arbitral process. Likewise, the question of the possibly annulment of arbitral awards will be addressed, taking into consideration the existing limitations of these challenge mechanism. Therefore, to achieve the development of this analysis, the relevant current regulations, arbitration jurisprudence and different academic texts related to the proposed issues have been reviewed. This provides greater support to the conclusions of this report....
Informe jurídico sobre la Resolución de Consejo Directivo N° 057-2016-CD/OSIPTEL
(Pontificia Universidad Católica del Perú, 2024-05-21)
La nulidad de oficio en sede administrativa es una de las potestades de autotutela que
detenta la administración pública para corregir sus decisiones cuando se configuren
algunas de las causales de nulidad señaladas en ...
Deficiencias en el proceso de pase a la situación de retiro por renovación de cuadros del personal policial
(Pontificia Universidad Católica del Perú., 2024-04-17)
cuadros; porque,
se vulneran los derechos del personal y se crea un clima de inseguridad laboral,
generando un bajo rendimiento y resquebrajamiento de la disciplina policial; y el
desafío de innovación se estableció: ¿Cómo podemos mejorar el deficiente...
The innovation project attempts to provide a solution to the problem initially raised "Deficient process of transition to retirement due to renewal of officers of the National Police of Peru." The development of the innovation project has followed the stages and steps specified in the development guide, provided by the Pontificia Universidad Católica del Perú; The causes of the problem were identified: Inadequate procedure for transfer to retirement due to renewal of police personnel cadres; Poor legal support to move to retirement due to renewal of police personnel cadres; and, the political interference in the transition to the retirement situation due to the renewal of police personnel cadres during the years 2017 and 2018; it was ranked by the one with the greatest impact on the problem. This was reformulated as the personnel of the National Police requires an efficient legal support to pass to the retirement situation due to the renewal of cadres; Because, the rights of personnel are violated and a climate of job insecurity is created, generating low performance and a breakdown in police discipline; and the innovation challenge was established: How can we improve the deficient legal support from the retirement situation due to the renewal of police personnel cadres; not to violate the rights of the staff, create a climate of job insecurity and generate poor performance and a breakdown of police discipline; in the National Police? The redefined value proposition has been to “Improve the process of moving to retirement due to the renewal of police personnel cadres; so as not to violate their rights to work and professional development, to eliminate the climate of job insecurity, low performance and a breakdown of discipline in the National Police”. The innovation prototype provides the development of a legal norm that expressly and tacitly determines the causes of fact and law for the evaluation in the process of renewal of staff, with respect to the national and international norms that regulate the right to employment and regulate the arbitrary dismissal; as well as, the elimination of political interference in this process; after validating the prototype with experts and making the changes; the desirability, feasibility, and viability of the project were established....
The innovation project attempts to provide a solution to the problem initially raised "Deficient process of transition to retirement due to renewal of officers of the National Police of Peru." The development of the innovation project has followed the stages and steps specified in the development guide, provided by the Pontificia Universidad Católica del Perú; The causes of the problem were identified: Inadequate procedure for transfer to retirement due to renewal of police personnel cadres; Poor legal support to move to retirement due to renewal of police personnel cadres; and, the political interference in the transition to the retirement situation due to the renewal of police personnel cadres during the years 2017 and 2018; it was ranked by the one with the greatest impact on the problem. This was reformulated as the personnel of the National Police requires an efficient legal support to pass to the retirement situation due to the renewal of cadres; Because, the rights of personnel are violated and a climate of job insecurity is created, generating low performance and a breakdown in police discipline; and the innovation challenge was established: How can we improve the deficient legal support from the retirement situation due to the renewal of police personnel cadres; not to violate the rights of the staff, create a climate of job insecurity and generate poor performance and a breakdown of police discipline; in the National Police? The redefined value proposition has been to “Improve the process of moving to retirement due to the renewal of police personnel cadres; so as not to violate their rights to work and professional development, to eliminate the climate of job insecurity, low performance and a breakdown of discipline in the National Police”. The innovation prototype provides the development of a legal norm that expressly and tacitly determines the causes of fact and law for the evaluation in the process of renewal of staff, with respect to the national and international norms that regulate the right to employment and regulate the arbitrary dismissal; as well as, the elimination of political interference in this process; after validating the prototype with experts and making the changes; the desirability, feasibility, and viability of the project were established....
La negociación colectiva en empresas de intermediación laboral ¿es necesario regular un nuevo tipo de organización sindical para este fenómeno de triangulación laboral?
(Pontificia Universidad Católica del Perú, 2019-03-12)
Pontificia Universidad Católica del Perú
Facultad de Derecho
Programa de Segunda Especialidad en Derecho del Trabajo y de la Seguridad Social
La negociación colectiva en empresas de...
intermediación laboral ¿es necesario regular un nuevo tipo de organización sindical para este fenómeno de triangulación laboral? Trabajo Académico para optar el título de Segunda Especialidad en Derecho del Trabajo y de la Seguridad Social AUTOR...
intermediación laboral ¿es necesario regular un nuevo tipo de organización sindical para este fenómeno de triangulación laboral? Trabajo Académico para optar el título de Segunda Especialidad en Derecho del Trabajo y de la Seguridad Social AUTOR...
La utilización de la declaración del aspirante a colaborador eficaz para fundamentar la medida coercitiva de prisión preventiva: ¿vulneración a un derecho fundamental o incumplimiento del estándar probatorio?
(Pontificia Universidad Católica del Perú, 2020-05-25)
En el año 2016, la empresa ODEBRECHT mediante el documento denominado “Acuerdo de
Declaración de Culpabilidad” confesó ante la justicia de EE.UU que había pagado sobornos en
12 países de Latinoamérica con la finalidad ...
El acceso a la educación superior en artes escénicas de personas con diversidad funcional : Un estudio de caso de la Facultad de Artes Escénicas de la PUCP en la actualidad
(Pontificia Universidad Católica del Perú, 2022-05-09)
Esta investigación identifica cuales son los elementos que permiten la inclusión de personas
con diversidad funcional dentro de la Facultad de Artes Escénicas (FARES) de la PUCP.
Reconoce las herramientas que permiten garantizar sus derechos y el...