Giuristi Vol. 5 Nº 9 (2024)

URI permanente para esta colecciónhttps://hdl.handle.net/20.500.12640/4089

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Mostrando 1 - 7 de 7

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Enredo regulatorio: una mirada al reglamento de retiro de cableado aéreo desde el enfoque de calidad regulatoria
(Universidad ESAN, 2024-06-29) Montes Tapia, Karina
The abundant presence of overhead wires entangled in poles in Lima, many of them in a state of deterioration and some abandoned for no apparent purpose, generate both aesthetic and public safety concerns. The recent Regulation of Law 31595, approved on March 12, 2024, seeks to address this problem by establishing the necessary regulations for their removal. This regulation was submitted to the rigorous process of regulatory impact analysis, so it is expected to be a good regulatory design, with a clear strategy to ensure its effectiveness in solving this visible problem. In this article we will review compliance with the regulatory quality process in accordance with the current legal framework, as well as the results derived from its application.
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La concesión de los ferrocarriles en el Perú en el periodo 1826-1879
(Universidad ESAN, 2024-06-29) Retamozo Linares, Alberto
In 19th century, the construction of railroads in Peru was associated with pro gress and general welfare, driven by the exploitation of guano and the parti cipation of the private sector through concessions. However, this process was marked by disorderly spending, lack of planning and control, and unlawful conduct. When Manuel Pardo assumed the presidency in 1872, he found that the railroad policy had been a failure, leaving the Treasury without resources. In spite of this, subsequent governments continued with this policy, enacting laws, carrying out studies and granting concessions to contractors such as Enrique Meiggs. The way in which the concessions were handled, the benefits for the proponents and the corrupt behavior led to the failure of the railroad project and the national decline. In short, the idea of progress through the railroads was frustrated by the lack of planning, financial disorder and co rruption in the railroad construction process.
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La gobernanza ambiental en el Perú. Aspectos fundamentales para la gestión del agua
(Universidad ESAN, 2024-06-29) Tassano Velaochaga, Hebert
This research aims to conceptualize governance as part of a crucial institu tional transformation process to address environmental challenges. In this context, a specific focus on water management and its relationship with in tegrated water resources management is highlighted. Furthermore, the need for water resources administration, led by the National Water Authority, to evolve towards an inclusive approach that strengthens institutions and, con sequently, environmental governance is emphasized. Finally, it is concluded that strengthening institutions is fundamental to improving governance, with a special emphasis on new water management regulations.
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La constitucionalización del principio de confidencialidad y su regulación en el derecho administrativo peruano
(Universidad ESAN, 2024-06-29) Ríos Rengifo, Alex Junior
The present article addresses the issue in Peru regarding the excessive use of the right to access public information and the prejudice associated with confidentiality, which is often linked to corruption in public administration. Subsequently, a study on confidentiality is conducted from its broadest definition, and it is determined how it is regulated in the Peruvian legal system, with a constitutional and administrative approach. Finally, the importance of confidentiality in public administration is highlighted, as well as the need for it to be regulated as a principle in the Peruvian legal system.
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Aportes para una estrategia de protección al consumidor a adquirentes de viviendas
(Universidad ESAN, 2024-06-29) Urbano Jiménez, Elva Milagros; Arista, Miguel
The present research examines the problems consumers face when purcha sing homes in Lima Metropolitan Area, including breaches by real estate companies. Key institutions such as Indecopi and the Ministry of Housing, Construction and Sanitation were consulted, and interviews were conducted with senior officials and private representatives. The proposed strategy includes the dissemination of preventive data on the housing market, the relaunch of the service 'Mira a quién le compras,' and the creation of an advisory commission to study the sector's issues and propose additional measures. The objective is to reduce the incidence of these problems.
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La tutela de los derechos de personas de cuarta edad en función a su vulnerabilidad
(Universidad ESAN, 2024-06-29) Bermúdez Tapia, Manuel
The study of the elderly population in the economic, legal, and socio-familial realms reveals certain characteristics and conditions that are not apparent in the design of public policies and commercial participation criteria of providers of goods and services in a consumer society. A distinction that allows for a subdivision within this population group is based on the particular characteristics acquired by those over eighty. This results in two autonomous categories that transform the traditional approach to evaluating the rights of these individuals.
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El acceso a créditos por parte de familias de comunidades campesinas y nativas en el Perú
(Universidad ESAN, 2024-06-29) Panduro Chafloque, Fiorela del Rocío
Access to credit could be one of the main challenges for families residing in Andean and Amazonian regions, due to the lack of documentation suppor ting their economic or commercial activities. In this regard, the study of an economic dynamic that could be positively viewed by the financial and ban king system is proposed. This, in turn, would encourage an improvement in the living conditions of the country's rural and indigenous populations if the land titling process, which previously belonged to the communities to which they belonged, is amplified. The analysis of a complex social, cultural, legal, and economic condition allows detailing positive elements that impact the national economy tangibly.