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Copyright of Propiedad Inmaterial is the property of Universidad Externado de Colombia, Centro de Estudios de la Propriedad Intelectual and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de Derecho Politico is the property of Editorial UNED and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In this article, the aim is to demonstrate how the judgment BVerfGE 65, 1 (Volkszählungsurteil), carried out by the German Federal Constitutional Court in 1983, influenced the development of an autonomous fundamental right of personal data protection in the Brazilian legal system. A bibliographical and documentary research was carried out, using the inductive-confirmable approach method, with a study, first, of the context and need for the development of a right to the protection of personal data. Then the foundations of the historical precedent judged by the German Constitutional Court in 1983 are stated to, finally, demonstrate how such foundations served as the basis for the construction of legislation and jurisprudence for the protection of personal data in Brazil. It is concluded that, in a context of information society, data processing is an unavoidable event, so that recognition for a right to protection of personal data reveals to be essential for the protection of human beings in their dignity and personality, something that encounters safe direction in the decision handed down by the Brazilian Federal Constitutional Court, inspired by the decision of the German Constitutional Court, which contributes as a paradigm for the interpretation and application of this right so discussed nowadays. [ABSTRACT FROM AUTHOR]

Copyright of Revista Derecho del Estado is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Derecho del Estado is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Dixi is the property of Universidad Cooperativa de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Dixi is the property of Universidad Cooperativa de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article analyzes the unconstitutionality of the second paragraph of article 387 of the Criminal Procedure Code in Chile, which establishes restrictions on the right to appeal in cases of final judgments. The jurisprudence of the Inter-American Court of Human Rights and the Constitutional Court on this issue is reviewed, highlighting the recent changes in the jurisprudence of the latter court. The importance of an ordinary and effective appeal, accessible and allowing a comprehensive examination of the appealed decision, is discussed. The Constitutional Court has declared the inapplicability due to unconstitutionality of the second paragraph of article 387 in several judgments, arguing that it restricts the right to defense and violates the right to a fair trial. It is suggested to modify this rule to comply with constitutional and human rights standards. [Extracted from the article]

The article "Euthanasia and fundamental rights" analyzes the legal regulation of euthanasia and its compatibility with the fundamental rights of individuals. It examines the most significant decisions of constitutional courts and the European Court of Human Rights that have modified the current law on euthanasia in the name of respecting the fundamental rights of patients. Two basic forms of euthanasia are addressed: voluntary passive euthanasia and voluntary active euthanasia. The article highlights the importance of protecting the fundamental rights of patients in relation to the regulation of euthanasia. The debate on the right to die and assisted suicide is also discussed from a constitutional perspective. Judicial cases in different countries addressing this issue are mentioned. In general, it is concluded that the prohibition of assisted suicide does not violate fundamental rights, although states have some margin of appreciation to balance this right with other interests at stake. The article provides information on judicial decisions related to euthanasia in different European and American countries. Three recent judgments of the constitutional courts of Portugal and Italy are also mentioned, as well as the first position of the European Court of Human Rights on active euthanasia in Belgium. The article discusses the issue of euthanasia and the fundamental rights of patients. It mentions that there is a fundamental right of the patient to refuse any medical treatment. The discussion on passive and active euthanasia is also raised, and different legal and constitutional positions on the matter are addressed. Finally, a judgment of the Spanish Constitutional Court is mentioned, which questions the compatibility of euthanasia legislation with fundamental rights. [Extracted from the article]

Copyright of Ius et Praxis (07172877) is the property of Universidad de Talca and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Prudentia Iuris is the property of Pontificia Universidad Catolica Argentina and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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Copyright of Revista Derecho del Estado is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Internacional de Cooperación y Desarrollo is the property of Universidad de San Buenaventura and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Religación: Revista de Ciencias Sociales y Humanidades is the property of Religacion: Revista de Ciencias Sociales y Humanidades and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This research article examines various proposals generated from the philosophy of law and from legal theory, around the requirement of rationality, not only in the regulation of law, but also in the adoption of judicial decisions, showing different perspectives: On one hand, which defends a logicist type of rationality, and, on the other, the one that advocates a non-logicist or argumentative rationality paradigm, under the premise that the law is fundamentally praxis. It also demonstrates how the absence of control of discretionary decisions, issued by the constitutional courts, to solve difficult cases, including those related to fundamental rights, and the objections raised to the proportionality test, merit the structuring criteria of rationality that contribute to mitigate the risks of arbitrariness and to guarantee a balance between material justice, human dignity, and legal security and stability. This research, concerning the criteria of rationality in the application of law, is of a juridical nature, and it has been developed from a qualitative approach through the bibliographic review of theoretical categories supported by authors versed in the subject. [ABSTRACT FROM AUTHOR]

The judgment of the Court of Justice of the European Union (CJEU) resolves a preliminary question related to the interpretation of articles 13 and 23 of Directive 2008/50/EC on air quality. The case refers to a dispute between JP and the French government, in which JP requests the annulment of a resolution that denied measures to solve health problems derived from air pollution, as well as compensation for damages attributed to said pollution. The Administrative Court of Cergy-Pontoise dismissed JP's claims, arguing that individuals do not have the right to compensation for the degradation of air quality. The Court of Appeal of Versailles asks the CJEU whether non-compliance with the Directive allows for the right to compensation for health damages and under what conditions. The judgment establishes that the articles of the Directive do not confer individual rights on individuals to claim compensation from a Member State. [Extracted from the article]

Copyright of Prudentia Iuris is the property of Pontificia Universidad Catolica Argentina and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Since the beginning of the 21st century, sexual orientation and gender identity have been recognized as rights of the LGBTIQ collective by reports from organizations, international documents on human rights and by court decisions. These rights are intended to prevent discrimination against these people, the prohibition of violence and hatred and the full enjoyment of fundamental rights and freedoms. However, there are still groups of people, such as intersex, transgender, queer, non-binary, etc., who do not feel identified with the formulation of this right. This article analyzes the different aspects of this debate and explores the way to justify a right to self-determination of sex. [ABSTRACT FROM AUTHOR]

Copyright of Anuario Colombiano de Derecho Internacional is the property of Colegio Mayor de Nuestra Senora del Rosario and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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The judgment of the Superior Court of Justice of the Valencian Community on January 27, 2022 addresses the appeal filed by an individual against the City Council of L'Eliana for excessive noise in their home. The judgment establishes that noise can violate fundamental rights when it is continuous and proven, and that its intensity and duration are important. In this case, the noise from garbage trucks and traffic, as well as repairs to the sewer system, are considered unavoidable and of short duration. Additionally, the City Council of L'Eliana is not obligated to develop a Municipal Acoustic Plan due to the number of inhabitants. Therefore, the appeal filed by the plaintiff is dismissed. [Extracted from the article]

Copyright of Interface - Comunicação, Saúde, Educação is the property of Fundacao UNI and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The Court of Justice of the European Union supports the sanctions imposed on European Air Transport for noise pollution when flying over Brussels. The airline argued that operational restrictions should be based on the noise levels determined by the ICAO. However, the Court concluded that the sanctions do not constitute an operational restriction if they do not make compliance by the airline impossible. The judgment highlights the importance of protecting fundamental rights against noise pollution. [Extracted from the article]

Copyright of Revista CES Derecho is the property of Universidad CES and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Jurídica Piélagus is the property of Universidad Surcolombiana and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Derecho del Estado is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Catalana de Dret Públic is the property of Revista Catalana de Dret Public and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Jurídica Piélagus is the property of Universidad Surcolombiana and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Dixi is the property of Universidad Cooperativa de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article discusses the writ of amparo, the concept of the protection of constitutional rights in Latin America. The author comments on the influence of the writ of amparo on judicial resolutions, judgments, and procedural law. The importance of the writ of amparo in the protection of human, constitutional, and civil rights is also examined.

This article discusses the legal concept of erga omnes, or the application of equal rights for all, in the Inter-American Court of Human Rights. The author comments on the role of the court in the protection of human rights for member nations and describes the influence of the court's decisions on those of the smaller national and regional courts.

This article discusses the history of the Constitution of 1993 of Peru on the occasion of its 20th anniversary. The author comments on the development of the Tribunal Constitucional (Constitutional Court) and its role in the judgments and protections of the fundamental civil rights of the Peruvian population.

Copyright of Revista de Derecho Privado (0123-4366) is the property of Universidad Externado de Colombia, Departmento de Derecho Civil and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Ius et Praxis (07172877) is the property of Universidad de Talca and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Derecho Penal y Criminologia is the property of Universidad Externado de Colombia, Departamento de Derecho Penal y Criminologia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The authors discuss the impact of the Constitutional Court decisions, in its role as the supreme interpreter of the Constitution, on the other branches of government, particularly the government itself and the Congress, especially when its sentences are about the meaning and scope of fundamental rights, such as the right to life of the unborn. Besides, they sustain that the precedents that this kind of sentences stand, can't be ignored neither by the Constitutional Court itself nor by the government entities in their future decisions, insofar the fundamental rights are an unbridgeable barrier for the colegislative branches. [ABSTRACT FROM AUTHOR]

This article intends to show how Neoconstitutionalism responds to the development of a constitutional theory and practice, both of which are progressively convergent. Such development has played an important role on the decisions of the German Federal Constitutional Court and on the science of public law in Germany. Such development is born from the adoption of the Constitution as an order of values. Definitely, it is no other thing than a transformation occurred due to the adoption of a theory about what the Constitution is: an order of values, where the structural elements of the State obey to principles which are also found in the basis of the fundamental rights system. What is new and capital about this form of constitutionalism are the material and substantial qualities of the Constitution which make it practically omnipresent in every creative operation and application of law. [ABSTRACT FROM AUTHOR]

Copyright of Revista Chilena de Derecho is the property of Revista Chilena de Derecho and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)