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The objective of this paper is to propose a sentencing model with a gender perspective for judges, which contributes to guaranteeing the application of women's human rights and reducing errors in sentences, such as: revictimization, poor access to justice, discrimination, as well as gender stereotypes or prejudices that can affect judicial reasoning. The methodological design of this study is based on the qualitative paradigm based on the data collection technique and a descriptive legal content analysis of specialized guidelines in the doctrinal and normative field, as well as thirty sentences for gender-based crimes in the period 2020-2023 issued by the Judicial Branch of the State of Michoacán. As a result, a guide or model of sentencing in criminal matters is proposed so that judges can identify and apply it in cases where gender violence has been proven, this will make it possible to have a more precise and solid judgment in its argumentation, as well as to meet the main criteria for the protection of women's human rights before the corpus iuris of law on the matter [ABSTRACT FROM AUTHOR]

Copyright of Revista Didasc@lia: Didáctica y Educación is the property of Universitaria de Las Tunas, Centro de Estudios de Didactica 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 Ibero-Latinoamericana de Seguros is the property of Pontificia Universidad Javeriana 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 Dilemas Contemporáneos: Educación, Política y Valores is the property of Dilemas Contemporaneos: Educacion, Politica y Valores 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 Ibero-Latinoamericana de Seguros is the property of Pontificia Universidad Javeriana 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.)

Women victims of sexual assault encounter several hurdles when seeking justice in Chilean legal institutions; however, recent efforts by the Chilean Supreme Court to fight bias against underrepresented groups have foregrounded the importance of applying a gender perspective in court trials. In light of the publication in 2019 of a handbook on how to judge with a gender perspective, I analyze the court ruling of a 2004 rape case that led Corporación Humanas--a feminist NGO--to file a petition before the Inter-American Commission on Human Rights. Given the ruling's egregious biases, the NGO held Chile responsible for the violation of several victims' rights specified in international human rights treaties. Based on the written court ruling, I examine how the judges and other legal actors failed to deliver justice with a gender perspective. For that purpose, I analyze how the judges, the prosecutors and the defense attorneys resorted to the following types of gender bias: a) gender stereotypes and rape myths, b) credibility discounting (Tuerkheimer, 2017), c) assessment of the evidence without a gender perspective, d) requirement of bodily injury to give credence to the hypothesis of rape by force and e) discussion of the victim's sexual history. Considering the different categories of gender bias detected in the case, I assess whether the Chilean handbook would have been an effective tool to prevent them. Finally, based on this case, I determine the handbook's limitations and suggest potential improvements. [ABSTRACT FROM AUTHOR]

Copyright of Revista CIENCIA UNEMI is the property of Universidad Estatal de Milagro (UNEMI) 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 Ibero-Latinoamericana de Seguros is the property of Pontificia Universidad Javeriana 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 Dilemas Contemporáneos: Educación, Política y Valores is the property of Dilemas Contemporaneos: Educacion, Politica y Valores 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´s purpose is to provide to provide research to the Colombian criminal procedural history prior to the existence of procedural codes by examining the structure of the ordinary criminal trials in the Nueva Granada Viceroyalty. Specifically, this research was carried out by analyzing all the trials for theft, the most common felonies in the Santa Fe jurisdiction. This research led to arguing that the mixed procedural structure of Spanish origin was kept during the studied timeframe, besides, it showed a growing autonomy and a formal adjustment of the procedures despite the informal and socially diffuse characteristics that remained in place. The study also shows that the practice of the statement of inquiry started in the late colonial period through the judicial activity of the Royal Audience in first instance. [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 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 Dilemas Contemporáneos: Educación, Política y Valores is the property of Dilemas Contemporaneos: Educacion, Politica y Valores 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 Dilemas Contemporáneos: Educación, Política y Valores is the property of Dilemas Contemporaneos: Educacion, Politica y Valores 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 Dilemas Contemporáneos: Educación, Política y Valores is the property of Dilemas Contemporaneos: Educacion, Politica y Valores 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 present work addresses the precedents of the penal cassation, it's teleological components and the constitutional reform of 1991 in Colombia, in order to propose from a constitutional approach from a skill of contesting, focused in the effective control of the judgments of the second instance, to allow to overcome the classic extrapolated nomophylactic function of the state that emerged from the French Revolution, without propitiating the third instance. To develop the problem of the investigation there went forward a rigorous documentary the study, to which a descriptive and analytical method was applied to, from the precedents of the cassation and its juridical-political nature, the teleological essentials of the resource and its relation with the ideal of justice that supports the current social state based on the rule of law. The study shows that the nomophylactic function of the cassation yields before the effective tutelage of the fundamental rights of the parts, the repair of the inflicted grievance, and the search of a just democratic order. Consequently, in the new philosophy of the Colombian State the cassation is named to control the ambiguities and inequities of the judges, beyond the deeprooted dogmatic conceptions of the extraordinary resource. [ABSTRACT FROM AUTHOR]

Colombian civil procedural legislation provides for the concept of the announcement of the meaning of a judgment when the judge chooses to render it in writing. The procedural institution has found substantial gaps resulting in incomplete or unfounded announcements of the meaning of a judgment, going against the purpose of the concept. In addition, case law has considered the possibility of changing in writing the meaning of a judgment announced, which contradicts civil procedural legislation and violates the right to due process. In any case, and despite not being frequently used, the procedural mechanism for completing the announcement of the meaning of a judgment is the request for addition or supplementation. Some remedies to object to changes in the meaning of the written judgment for violation of due process include the appeal --when applicable-- and the writ for the protection of constitutional rights subsidiarily and exceptionally. [ABSTRACT FROM AUTHOR]

Copyright of Historia Constitucional is the property of Revista Historia Constitucional 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 Chilena de Derecho Privado is the property of Fundacion Fernando Fueyo Laneri 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 focuses on the scientific research of the phenomenon of the motivation of the conclusions of law in court judgments, starting from its origin and evolution until being established as an inherent element of due process. The features that every motivation must contain at present, as well as its close connection with the evaluation of the evidence, and the consequences its absence entails, will also be described. The sections of the General Code of Procedure of Uruguay and the contributions from jurisprudence and national and foreign doctrine will be analyzed for such purpose. [ABSTRACT FROM AUTHOR]

Copyright of Justicia Juris is the property of Universidad Autonoma del Caribe 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 Nasleđe is the property of University of Kragujevac, Faculty of Philology & Arts 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 Consensus (16803817) is the property of Universidad Femenina del Sagrado Corazon 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 Toxicología is the property of Asociacion Espanola de Toxicologia 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 Stylos 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.)

The author studies the consequences of the so-called "Fontevecchia case" whereby the Inter-American Court of Human Rights annuls a judgment of the Argentine Supreme Court. [ABSTRACT FROM AUTHOR]

Copyright of Revista de Administración Pública is the property of Centro de Estudios Politicos y Constitucionales 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.)

Introduction. In 2008, the constitution that would open the way to constitutional supremacy and the strictness of the laws was issued, as a superior entity of respect and integrity in judicial actions. Considering thereafter the obligation of judges and other public servants, apply the regulations present in the constitution, which is the highest constitutional control body, as a state agency. Objective. The objective of this research study was to characterize the impact of the Constitutional Control that was made effective in Sentence 012-17-SIN-CC of the Constitutional Court of Ecuador regarding procedural elements regarding food in the City of Guayaquil. Materials and methods. A descriptive field research was designed, in addition to the inductive-deductive method to use the survey technique through a structured interview with closed questions addressed to those people with constraints who are in the Provisional Detention Center. Guayas in Guayaquil, with nine items that could serve as input to generate a theoretical and empirical analysis of the application of concrete constitutional control in the COGEP and the Childhood Code, in their innumerable corresponding to the personal constraint in the subsidiary and principal obligors, as well as the procedural aspects that had to be modified according to the decision of the highest constitutional entity in the country. Results Through this, it was determined that there are aspects that are not being met, as in the case of the hearing prior to the issuance of the personal constraint, which obliges the judge not to issue unilateral enforcement tickets, violating the due process, the modification of the issuance of personal constraint against subsidariaries, since it is evident that there are cases in which some subsidiary obligors were apprehended using extemporaneous ballots, and other system-specific problems that must be taken into account for the future. Conclusion. [ABSTRACT FROM AUTHOR]

Legal language has been traditionally criticized as being verbose and obscure (Alcaraz Varó, 2007, p. 73; Alcaraz Berenguel, 2009; Alcaraz Varó y Hughes, 2009, p. 18; González Salgado, 2009, pp. 2-3). One of its main features is the use of complicated and inappropriate syntax, creating excessively long sentences and paragraphs; as a result, comprehension becomes difficult (Ministerio de Justicia, 2011, p. 13). For this reason, many countries have set out the need to simplify legal language in order to bring Administration and Justice closer to citizens (Toledo Báez, 2008; González Salgado, 2009, p. 3; Montolío Durán, 2012; Relinque Barranca, 2017). This work studies if simple language suggestions made by the language policies of US and Spanish countries and by the campaigns that defend the use of plain language in the legal field are applied in US and Spanish judgments of the Intellectual Property field. Thus, it presents a macrotextual analysis to study the use of paragraphs in two independent corpora made up of thirty US original judgements (176,821 words) and thirty Spanish original judgments (111,818 words). This analysis follows the grounds set up by the field research Lenguaje escrito, carried out by the Comisión para la Modernización del Lenguaje Jurídico (Ministerio de Justicia, 2011). [ABSTRACT FROM AUTHOR]

Copyright of Verba Iuris is the property of Universidad Libre Bogota, Centre de Investigaciones Socio Juridicas de la Facultad 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.)

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Copyright of Bajo Palabra: Journal of Philosophy is the property of Bajo Palabra: Journal of Philosophy 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 Justicia Juris is the property of Universidad Autonoma del Caribe 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 Anuario Argentino de Derecho Canónico 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.)

The purpose of this paper is to assess the interpretation that the Supreme Court makes of the crime of sports corruption in its Judgment No. 1014/2022, this being the first conviction of that court in application of article 286 bis.4 CP. Thus, it will be studied, among other issues, the protected legal interest that is proposed, the conception obtained from the literal wording of the precept, the prosed definition of the concept of rigging or match-fixing and the decision on bonuses to third parties for winning. [ABSTRACT FROM AUTHOR]

This article attempts to analyze and describe the main doctrinal and case law-based controversies that had been aroused with the tutela action against arbitration awards, as well as outline some conclusions and proposals related to this issue. To do so, I will start with a contextualization on the tutela as a legal concept and its enforcement in an arbitral context, followed by a scrutiny with the most relevant statements from both doctrine and jurisprudence on the subject. Finally, I will answer to the concerns that this issue has promoted in current times, emphasizing on the benefits of permitting the tutela action in an arbitral context and presenting new questions on the subject [ABSTRACT FROM AUTHOR]

Copyright of Anuario Argentino de Derecho Canónico 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.)

In Colombia, from the 1991 Constitution, the Constitutional Court has played an important role in the development of law, stating further conversion of Colombia in a " neoconstitucionalista", thus confirming that the right is of the judges and not legislators, the performances of the high courts called " closure members " on some occasions have become positive legislators, and beyond computers of public policies, functions and constitutional theory pertaining to other branches of the executive public power and legislative different to which they belong as is the judiciary. That condition where the legislative power is the one who can legitimately issue laws, has changed, now the judicial precedent issued by any of the high courts also have force of law erga omnes, requiring citizens without this provision be included in a standard, and that constitutionally has the legitimacy and acceptance by the citizens even more the case in the protection of rights regarding the conditions of human dignity is concerned. In addition, in the case of the constitutional court, he has not only played as a positive legislator, even a positive constituent, giving the category of fundamental rights positively are not, or interpreting the law in the constitutional sense in favor of recognition of fundamental rights and invading the purview of the legislature, even to create some legal uncertainty. The court also has played the role corresponding to executive, setting public policy as it is the case of decisions which declares unconstitutional state of affairs and ordering the executive take direction public policies aiming at the protection of fundamental rights. This time the study of the role of judge as positive legislator in recognizing social and cultural rights as fundamental rights and legitimacy of the judge to invade the sphere of legislative power is made. [ABSTRACT FROM AUTHOR]

Objective: to make clearly visible the recognition on legal grounds that protect the Right to Truth by identifying and analyzing them in the jurisprudence of the Inter- American Court of Human Rights. Methodology: in this documentary research, with a qualitative approach, data was collected from primary and secondary sources based on two categories of analysis, namely theoretical development of the Right to Truth and Arguments of the Inter-American Court of Human Rights to protect the Right to Truth. It was also conducted a study of the international jurisprudence. Results: results showed that protection of the Right to Truth in the Jurisprudence of the Inter-American Court of Human Rights is established by protecting related rights in accordance with the American Convention on Human Rights: the right to judicial guarantees, the right to access to information, the right to humane treatment, as well as the right to judicial protection. Conclusions: the jurisprudential development of the Inter-American Court of Human Rights on the Right to Truth has been implemented in cases of forced disappearances and extrajudicial executions. The foundations of this Court place the Right to Truth as a remedial action; and as a benefit subjected to other rights under the American Convention in order to ensure the States comply with the obligation to investigate the facts and prosecute those responsible, among other circumstances. Regarding the Judgment of the Court, it is possible to refer to a conditional autonomy of the Right to Truth. [ABSTRACT FROM AUTHOR]

In the course of a conceptual synthesis article on training for the exercise of human rights developed from the perspective of critical theory and analysis of their support from some authors; the same as the product of an experience in which the incidence of power relations in the development of law is analyzed participation in children of Basic Education Primary. It contains the analysis of some statements that have failed with the intention of guaranteeing the right to education, due process, free development of personality of students who take the standard and legal instruments seeking the restitution of the right ; failures oriented processes to be followed against the different cases of school discipline. Article concepts defined by the Court with respect to the right to education, Student Handbook, due process, right to free development of personality relate. He concludes by emphasizing the importance of recognizing the human being as a subject of rights, developed under interpersonal relationships characterized by horizontality of power linking dialogue, participation and ultimately democracy. [ABSTRACT FROM AUTHOR]