Giuristi Vol. 4 Nº 7 (2023)

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    La paridad, alternancia de género y evolución del rol de la mujer en la escena política y gestión pública en el Perú
    (Universidad ESAN, 2023-06-30) Casanova Mera, Gina Valeria
    The article focuses on discussing the parity and alternation of women within the political scene and national public management, considering the globalization of the design and implementation of public policies in the last twen-ty-five years, in favor of equal rights and equal rights. gender, in all its aspects. This has led the States to adapt their legislation and public policies to allow greater representation and participation of women in public tasks, granting them a greater share of power and decision-making within the public office that they have to perform within the national sphere. In this sense, a reference is made to the current situation and how it has evolved and how much progress still has to be made.
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    Desafíos para la formación profesional del abogado para la ciudadanía global
    (Universidad ESAN, 2023-06-30) Hurtado Magán, Giovana Iris
    Four experts in educational policies were interviewed to collect data on the challenges that professional training has to develop global citizenship. The methodological approach used is hermeneutic, through content analysis regarding the two established a priori categories: professional training and global citizenship. From all this, it is concluded that educational policies should guide professional training for global citizenship, designing academic programs in which the student's ability to resolve adverse and complex situations is fostered. Therefore, a change is required in the way of designing, implementing and executing educational policies so that they transcend governments and interests, and that educational leadership is appreciated at all levels, through the reassessment of the teacher as an agent of that change.
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    El ejercicio del control difuso en el caso de responsabilidad restringida por la edad
    (Universidad ESAN, 2023-06-30) Ramírez Cárdenas, Jessica Natalí
    This article analyzed four final decisions of the Permanent Constitutional and Social Law Chamber of the Supreme Court corresponding to the year 2018, whose rulings presented dissenting votes regarding the non-application of the second paragraph of article 22 of the Penal Code, in cases of aggravated pressthe robbery and rape of a minor. In this regard, it was possible to conclude that there is no uniformity in the analysis methodology for the exercise of diffuse control, and that between said Constitutional Chamber and the Permanent Criminal Chamber of the Supreme Court, frontally opposed pronouncements were issued in similar cases, despite the existence of the binding jurisprudential doctrine established in Cassation No. 335-2015 of Santa.
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    Reflexiones en torno a la reputación y su protección jurídica
    (Universidad ESAN, 2023-06-30) Angulo Arana, Pedro Miguel
    In ancient Rome, to protect the State and prevent some people from accessing important positions, institutions such as infamy and ignominy were developed. In the Middle Ages, the concept of honor will arise to generate developed. In the Middle Ages, the concept of honor will arise to generate power and protect it through alliances.In this way, in light of the historical power evolution of concepts such as reputation and honor and their jurisprudential evolution treatment, it is concluded that it is pertinent to differentiate the defense of honor and the defense of good reputation between the figure of injury and the figure of defamation.
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    El sistema concursal frente a la COVID-19: el caso peruano
    (Universidad ESAN, 2023-06-30) De la Puente, Carlos; Barrón, Francisco
    The purpose of this article is to evaluate how useful the Accelerated Bankruptcy Refinancing Procedure (PARC) could be to mitigate the effects of the COVID-19 pandemic, and to identify the contributions that its implementation could bring to the Peruvian bankruptcy system. The government strategy applied to protect the economic sectors from the consequences of COVID-19 had two lines of action: the creation of Reactiva Perú and the implementation of a speedy bankruptcy procedure called PARC. Given its design, and thinking more about the medium term, it aspires to identify the contributions that its implementation could bring to the Peruvian bankruptcy system, which could be considered in an upcoming reform of the bankruptcy regulation.
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    El medio ambiente: alcances desde la jurisprudencia
    (Universidad ESAN, 2023-06-30) Morán Valdez, Marcos Omar; Vásquez Sánchez, José Ronald
    This article deals with some aspects of the environment and its legal protection from the perspective of the highest courts of justice. In this sense, as an initial approximation, a small development of the importance of the environment in the evolution of human life is made. Likewise, two sentences issued by the Peruvian Constitutional Court, by the Supreme Court of Justice of Peru and by the European Court of Human Rights are discussed, and Advisory Opinion OC-23/17 of the Inter-American Court of Human Rights is also discussed, which allow clarifying concepts such as the environment, constitutional protection of the environment, environmental damage, sustainable development, environmental social responsibility, among others.