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With different arguments and pretexts, mainly utilitarian and ideological, criminal law has been the object of a constant, progressive and worrying degradation from the point of view of the Rule of Law, understood in a broad sense. This paper analyzes and assesses this situation in different areas (legislative, applicative and doctrinal) offering examples that show the evolution of this trend and that, with greater or lesser intensity, have contributed to the current situation of extreme decadence of criminal law from the perspective of the Rule of Law. [ABSTRACT FROM AUTHOR]

Copyright of Teoría & Derecho. Revista de Pensamiento Jurídico is the property of Editorial Tirant Lo Blanch SL 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 Teoría & Derecho. Revista de Pensamiento Jurídico is the property of Editorial Tirant Lo Blanch SL 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 Teoría & Derecho. Revista de Pensamiento Jurídico is the property of Editorial Tirant Lo Blanch SL 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 Ecuadorian criminal and criminal procedure system has been built under the mantle of the guarantee doctrine. However, we can question whether the fundamental precepts of this deontological ideal play a leading role in the practical resolution of specific cases or if they are rather part of a normative ideal, far removed from pragmatic reality. The a priori reality shows us that the guarantee proposal continues to be a goal, the fulfillment of which is immersed in perpetual tensions as a result of the momentum of efficiency and the expansion of authoritarian criminal law, protected by populist criminal proposals, far from the enlightened ideal. The objective of this work will be to highlight the origin of these contradictions and the problems to which it subjects the criminal process that prides itself on respecting fundamental rights, and within the fundamental conclusions we will find that the normative structure of Ecuador does not empirically ensure compliance with the postulates in each specific case. The research method will be legal exegesis, and through bibliographical exploration it will be possible to reveal the origin, nature and tension produced by this dichotomous model. [ABSTRACT FROM AUTHOR]

Copyright of A&C - Administrative & Constitutional Law Review - Revista de Direito Administrativo e Constitucional is the property of A&C - Revista de Direito Administrativo & Constitucional (Instituto Bacellar) 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 e-Revista Internacional de la Protección Social is the property of e-Revista Internacional de la Proteccion Social 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 paper reflects on whether criminal law has in recent years cut a path "invading" several areas in the legal system, among which we find administrative law santioning, which has generated an overlap between subjects that has made administrative preliminary issues more relevance than ever before and brings out the pernicious effects of the current model of preliminary issues in the criminal proceedings in practice. This is the result of an in-depth historical, regulatory, doctrinal and case-legal line analysis around preliminary issues which, despite being one of the profiles of the prejudiciality with a greater theorical and practical significance, turns to be one of the least clarified parts in the whole procesal legal science. [ABSTRACT FROM AUTHOR]

This essay uses an analytic methodology in order to differentiate three approaches in the classical debate between activist (publicist) and adversarial (guarantee) models in the continental tradition of civil procedural law: the historical, philosophical and institutional approach. It is showed that each one of them has different premises of discussion and also allows to reach particular consequences. We defend a proposal to distinguish between the activist model and the adversarial model from a philosophical point of view by identifying the political theory premises that are in their foundations. In the activist model, the State's function is to be a provider for the protection of fundamental rights and, therefore, the judicial process is conceived as an instrument of the jurisdiction in order to achieve its public goals. On the other hand, in the adversarial model, the State's function assumes an abstentionisttype in order to preserve fundamental rights and hence, far from being an instrument of judicial power, the judicial process is conceived as a citizen's guarantee oriented to control that very power. [ABSTRACT FROM AUTHOR]

Copyright of Revista Electrónica de Estudios Penales y de la Seguridad is the property of Revista Electronica de Estudios Penales y de la Seguridad 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 Electrónica de Estudios Penales y de la Seguridad is the property of Revista Electronica de Estudios Penales y de la Seguridad 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 aims to capture the core elements of the guarantor to demonstrate its potential in the framework of the general theory of law and reduce the gap between legal provisions and reality from securing fundamental rights paradigm. To do an approach to the meanings of the guarantor paradigm (I), to fundamental rights as collateral (II), to guarantee individual rights and legitimate interests (III) and the institutional and legal enforceability of the guarantee of rights is performed (IV). [ABSTRACT FROM AUTHOR]

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Copyright of Revista de Direitos Fundamentais & Democracia is the property of Revista de Direitos Fundamentais & Democracia 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 paper critically examines the place assigned by the Ecuadorian constitution to the constitutional justice system and to its judges from the political and the technical-legal perspectives. It is argued in effect that there are three major poles or main components coexisting in the Ecuadorian Constitution: a guarantor, a participative and a republican one. These components determine different understandings of the role of the Constitutional Court and evidence the need for more complex and unorthodox understanding of the role of Constitutional Justice. [ABSTRACT FROM AUTHOR]

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In the last two centuries, several meanings have been associated with the word "guarantism", linking it with the demand for welfare, constitutional guardianship of fundamental freedoms and z limitation of the state's punitive power. Penal "guarantism", forged in the legal culture of the Enlightenment, has found its major theoretical expression in Luigi Ferrajoli's reflection, who over the last 20 years has articulated and expanded the "guarantist" paradigm, putting it in relation with the various dimensions of constitutional democracy. [ABSTRACT FROM AUTHOR]

This article is intended to describe some of the contemporary problems of the Criminal Law in Colombia, as well as the emphases University research teams from EAFIT, Universidad de Antioquia, and Universidad de Medellin have made in their attempt for solving this kind of problems, and the proposal based on the Criminal Law research line from Institución Universitaria de Envigado. [ABSTRACT FROM AUTHOR]

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In Colombia criminal trial there are different standards of evidence, among them, reasonable inference (to formulate imputation), probability of truth (to formulate accusation), and knowledge beyond any doubt (for judgment of conviction), which allow identifying concept application such as probability in the current system. When reading standard demanded to pronounce a verdict from procedure guarantee, a narrow relation between innocence presumption and the limit from which the judge may accept a hypothesis as true in the criminal trial is found. Consequently, a study of presumption of innocence presumption is proposed not only from the principle perspective and treatment rule, but also as both evidentiary and judgment rule. This means that, when evidences submitted before a judge are not enough to pronounce sentence and there is still a doubt, presumption of innocence should be applied as a judgment rule -in dubio pro roe. [ABSTRACT FROM AUTHOR]

The article describes, without considering particular cases — and preferably by consulting the work of Günther Jakobs and some of his commentators — the main features of the Criminal Law of the Enemy, abstractly. This, so as to evaluate their compatibility with the concept of Human Dignity, present in the majority of contemporary constitutional systems as well as in Human Rights protection systems. It is argued by applying the general statement, proposed by the theoretical neoconstitutionalism, specially the principle that stresses the hierarchical structure of legal systems, in which the existence of a law depends on its compatibility and adequacy relative to higher laws. Through this work, we focus on the main non-positivism in the theory of law. It proposes that laws that recognize the Criminal Law of the Enemy are unconstitutional if Human Dignity is included in the pertaining legal system's Constitution. It concludes reflecting on some features of Criminal Law of the Enemy, which cause irreconcilable issues with the concept of Human Dignity. [ABSTRACT FROM AUTHOR]

Copyright of Revista Virtual Universidad Católica del Norte is the property of Revista Virtual Universidad Catolica del Norte 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 CENIPEC is the property of Universidad de Los Andes (Venezuela) 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.)

To understand Penal Law from a Guarantee conception permits to establish the limits of punitive power against the human being through the defense of the fundamental principles and guarantees whose aims are the rationalization if penal norms and the legitimating of actions tending to social control of crimes and the achievement of more tolerable levels of criminality. [ABSTRACT FROM AUTHOR]

Copyright of Revista CENIPEC is the property of Universidad de Los Andes (Venezuela) 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.)