Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

The defense and guarantee of human rights must be carried out both at the national and international levels, and although the State is the main party obliged to respect and guarantee the rights of its inhabitants, it is undeniable that human rights violations can also be committed by private actors. The sale, illegal trafficking, and indiscriminate availability of arms produced by companies and used to the detriment of human beings confirms our affirmation. For this reason, we created the concept of indirect violations of human rights by acts of private actors, in order to give epistemological support to this issue and open the possibility of exploring new mechanisms of guarantee, both domestically and internationally.

The Law 137 of 1994 grants the President of the Republic of Colombia the authority, during a state of internal commotion, to suspend departmental governors and municipal mayors, as well as governors to suspend mayors, “when they contribute to the disturbance of order, hinder the actions of public forces, or fail to comply with orders issued by their superiors in this regard.” These scenarios can be subsumed under various criminal offenses or disciplinary violations, but governors and mayors facing arbitrary executive suspensions lack judicial guarantees to defend their right to passive suffrage. It is demonstrated here that such suspensions violate the judicial reserve that protects political rights under Articles 23.2 and 27.2 of the American Convention on Human Rights. A compliant interpretation is proposed to ensure that this authority is not exercised in violation of conventional obligations.

Currently in our Mexican State, it is noted that there are still federal entities where notaries continue to be appointed by the Head of the State Executive Power; thus, violating the human rights of equality and non-discrimination of jurists who have the requirements to perform the notarial function and who lack the opportunity to demonstrate it. Therefore, in this research, it will be analyzed using a qualitative methodology with a guaranteed perspective, since the implementation of the public opposition contest as the only way to access the notarial function, is a viable mechanism to improve the quality in the notarial service and safeguard of Human Rights.

This paper will analyze the impact of the epistemological current of neoconstitutionalism on the legislative and jurisprudential production on business law institutes, with the Brazilian legal system as the thematic framework. It is divided into three themes. In the first, we will address the epistemological presuppositions of knowledge based on legal rationalism. Then, we present the epistemological approach to law based on neo-constitutionalism. Finally, it is described the reflections of neoconstitutionalism on the institutes of business law in the judicial decisions and the legislative production. The research used an inductive approach, with historical-legal, legal-descriptive, and socio-legal-critical research procedures, based on the technique of content analysis, through bibliographic review, jurisprudence, legislation, and scientific articles.

A reflection is made on the paradigm changes that the judges of the common jurisdiction face with the obligation of diffuse control of constitutionality and conventionality, as well as their self-perception as constitutional judges, their training, and the influence of their decisions in the legal system.

The following focuses on the jurisprudence of the Council of State (hereinafter CoS) regarding the privatization of water that has been attempted over the last decade in view of the international obligations that the country has undertaken to repay its public debt obligations. The judicial activism adopted by the CoS in the context of these cases is not necessarily reprehensible. This resistance is based on the interpretation of Articles 5 para 5 (on the individual right to health) and Article 21 para 3 of the Constitution (public health). As the comment aims to highlight the limits and conditions of the privatization of the water must be sought to another, more solid, interpretative ground.

In the essay we propose, given the vulnerabilities of girls, boys and adolescents, that it is reasonable to have a specific theory of argumentation for that sector that is different from standard theories, especially in criminal matters. We address from the argumentation three problems that can positively or negatively impact the maximization of the fundamental rights of girls, boys and adolescents, and that are related to the implicit and extrasystemic principles, with the regressive constitutional reforms regarding the rights of children, and in relation to the dominant use of the principle of proportionality in the argumentation.

The present study aims to analyze the increase in extremism and hate speech in the political scene, mainly in Brazil. Then the aim it to verifying whether the phenomena are legitimate and inherent to the choice of life in society, governed by a Democratic State of Law, whose protection of the right to freedom of expression, in all its dimensions, is fundamental, or, if the limits Taxes on freedom of expression legitimize the censorship of extremists. If it is legitimate, who is responsible for this censorship? The human being is introduced, as a social being, and the need for the State as the entity responsible for regulating human interactions. Then it is about democracy and its foundations, whose freedom of expression finds a prominent role. The increase in political extremism in the 21st century is addressed, externalized, among others, by hate speech. At the end, the duality between democracy and freedom of expression is addressed, especially on the possibility (or not) of preventing hate speech. The conclusion proposed directs to the need for the existence of mechanisms to defend democracy and contain unrestricted freedom of expression in the sense of not tolerating the intolerant.

The Supreme Court of Justice of the Nation  constantly opposed the laws promoted by the Fourth Transformation, in response to which it promoted reforms to the Judiciary of the Federation, which were approved in the Congress of the Union and published in the Official Journal of the Federation on 15 September 2024. The objective of this essay is to analyse the election of ministers, magistrates and district judges by popular vote of the citizens, using a qualitative methodology, with an approach based on legal hermeneutics. Until 2022, the Judiciary of the Federation was headed by 1,671 elements (11 ministers of the Court; 7 magistrates of the electoral tribunal, 910 collegiate, 6 of the Judiciary Council; 737 district judges). The Court and its followers declared that its jurisdictional resolutions are taken impartially, although they always involved ideological, political and economic issues.

The objective of the study is to propose the recognition of the principle of the fight against corruption as a primary duty of the Peruvian State and the creation of the National Anticorruption System (SNA). The approach was qualitative, the level descriptive, the method analysis-synthesis, and as a technique, the documentary review of the jurisprudence of the Constitutional Court (TC), articles published in indexed journals and data on corruption. The main finding is that, although the jurisprudence of the Constitutional Court has considered the fight against corruption as an implicit principle linked to articles 39, 41 and 44 of the Constitution, it has not related it to articles 34-A, 39-A, 43 and 76. It was concluded that, to confront corruption, the partial interpretation of the Constitutional Court is not enough; the fight against corruption must be constitutionalized as a primary duty of the State and the creation of the SNA for the strengthening of public administration, democracy, economic growth and fundamental rights.