Revista Jurídica Peruana Desafíos en Derecho
type: channel
description: The Revista Jurídica Peruana Desafíos en Derecho (RJPDD) is a scientific publication edited by the Facultad de Derecho y Ciencias Políticas of the Universidad de Huánuco (Peru), aimed at disseminating legal knowledge at the national and international levels, with a specialized focus on all branches of Law and related disciplines. The journal receives original and unpublished contributions in Spanish and English, which are subjected to a rigorous peer-review process under the double-blind system, ensuring academic quality and impartiality in the selection of papers. RJPDD is published semiannually (enero-junio / julio-diciembre) and is indexed in recognized databases and directories such as Latindex Directorio, LatinREV, Google Scholar, COPE, and DORA, among others.
publisher: Huánuco: Facultad de Derecho y Ciencias Políticas Universidad de Huánuco
language: es
publication name: Revista Jurídica Peruana Desafíos en Derecho
issn: 3084-7516
items: Dialogue between the attributes of democracy in the face of arbitrariness that undermines the framework of security, citizens’ freedom, and the common good
items: Held’s ethic in the face of sexual division of the reproductives labors of the 21st century
items: Role and importance of the inspection function in labor law at the regional level. Lambayeque, Peru
items: The new regulatory and contractual paradigms of banking, financial and securities law at present
items: The attenuated presidentialism and its ambivalence in Peru, in comparison with European parliamentarism
items: Restorative approaches versus punitive approaches in Peruvian juvenile criminal justice: a systematic review
items: Peace as a human right and universal values: weaving apath toward sustainable human dignity
items: The Brasilia Rules: Access to Justice for VulnerablePeople
items: Inclusion of refugees at Federal University of Grande Dourados
items: The The Best Interests of the Child as a Constitutional Right: The Need for a Conceptual Framework for the Public Prosecutor's Office
items: Reflections on international development cooperation: the case of Luxembourg
items: Construction of female sexuality with a gender approach: an approach to sexual crime
items: Judgments and Family Protection under Law No. 30710 in Huanuco, Peru
items: Research as a weapon to combat obstacles to progress
items: Law, Democracy and Political Corruption from a Legal-Anthropological: A Commentary on Corruption from Political Anthropology (2024)
items: Corporate social responsibility to the light of the new Law Decree 76/23 and the Law Decree 88/24
items: Child labor and violation of rights in boys, girls and teenagers in an urban area of Huanuco, Peru
items: Analysis of the principle societas delinquere non potest in the Peruvian penal system
items: Real and effective representativity of the Senate departments of the Republic of Colombia and its Constitutional reforms
items: Artificial intelligence in justice: A theoretical analysis of methodologies and accessibility
items: The right to social protest or the right to protect and have rights
items: Sociodemographic characteristics and knowledge regarding rights in covered people of the Health Insurance Integral in Huanuco, Peru
items: Due process in the virtual hearing system in Huanuco
items: Bioethical reflection as a particularization of the anthropometric vision in the philosophy of law
items: Restitution of the investigative capacity of the National Police of Peru
items: A new editorial project: Peruvian Juridical Journal Challenges in Law of the Huanuco University, Peru
items: Ethical conduct and its relationship with the professional profile of the graduate in law students

Dialogue between the attributes of democracy in the face of arbitrariness that undermines the framework of security, citizens’ freedom, and the common good
type: item
description: The space represented by volume (2) of 2025 of the Peruvian legal journal Desafíos en Derecho, from the Faculty of Law and Political Science of the University of Huánuco (Peru), is very important because it constitutes a space of special significance for the dissemination of knowledge that is promoted from this renowned higher education institution.
subject: Editorial
  topic: section
creator: Dante Paiva Goyburu
rights: Copyright (c) 2025 Dante Paiva Goyburu https://creativecommons.org/licenses/by/4.0
date: 2025-07-11
publication date: 2025-07-11
doi: 10.37711/

Held’s ethic in the face of sexual division of the reproductives labors of the 21st century
type: item
description: Care labors are like a ghost across the world, because, despite being the social reproduction base, it remains concealed in the face of collectivity. For Held, the concealment of the labors of care is the base of the political pact of our time, which is functional to the modern relationships of domain and exploitation. The objective of the present review is, frst, to determine the Held’s juridical philosophy in the face of the sexual division of care labor as the basis of the social contract in the 21st century, second, to determine the feminization of reproductive labors as the invisible current basis of the social contract. The method used is the documentary, selecting the Held academic production no more than fve years of old. The result was the choice of its more recent academic production. The discussion is centered in the aim of dismantling the questionable basis in that the social contract is sustained in the 21st century. We conclude that the sexual division of care labor is relationed with the current social pact and its concealment is the foundation of this.
subject: Review article
  topic: section
creator: Armando Trelles-Castro
creator: Jaime Araujo-Frias
rights: Copyright (c) 2025 Armando Trelles-Castro https://creativecommons.org/licenses/by/4.0
date: 2025-07-04
publication date: 2025-07-04
doi: 10.37711/RJPDD.2024.1.2.9

Role and importance of the inspection function in labor law at the regional level. Lambayeque, Peru
type: item
description: This study is oriented to analyze the inspection function in labor law at regional level, with a focus in Lambayeque Region (Peru). First, the regulatory framework of labor inspection and its role of labor oversight is contextualized. Then, the business scenario of the region is examined, identifying factors that affect regulatory compliance. In addition, official figures about violations and complaints, highlighting their impact on the defense of socio-labor rights. Likewise, the challenges that faced the oversight and the strategies to strengthen its effectiveness are addressed, showing that the inspection function is fundamental to ensuring decent working conditions, requiring structural improvements to optimize its scope and effectiveness in the protection of workers.
subject: Original article
  topic: section
subject: labor inspection
  topic: keywords
subject: working conditions
  topic: keywords
subject: socio-labor rights
  topic: keywords
subject: regularization
  topic: keywords
subject: inspectorate
  topic: keywords
creator: Diego Leonel Cornejo Cachay
rights: Copyright (c) 2025 Diego Leonel Cornejo Cachay https://creativecommons.org/licenses/by/4.0
date: 2025-07-04
publication date: 2025-07-04
doi: 10.37711/RJPDD.2025.2.2.1

The new regulatory and contractual paradigms of banking, financial and securities law at present
type: item
description: This essay analyzes the current orientations and future developments of banking, financial, and securities law; it also highlights their notable complementarity and the connection between the different regulatory and contractual paradigms. Monetary and financial stability is essential for the development of business financing within the financial system and the securities market, which require clear rules, continuity in macroeconomic policies, and support for private investment. The State’s financial policy, through the Ministry of Economy and Finance, integrates sound fiscal, budgetary, debt, and public investment policies, which contribute to greater tax collection, thereby enabling the financing of education, health, security, justice, employment promotion, and public services. The Superintendency of Banking, Insurance and AFP (SBS) on behalf of the State, oversees the companies within the financial and pension system, ensuring that their organizers meet the legal solvency requirements for their operation. These entities must operate in accordance with the Constitution, national banking legislation, and the Basel Accord, respecting banking secrecy, credit guarantees, consumer protection in financial services, risk management, and transparency in their activities. Likewise, the SBS regulates and supervises pension fund administrators (AFP), ensuring adequate conditions for their clients.
subject: Legal essay
  topic: section
creator: Julio Hernán Figueroa Bustamante
rights: Copyright (c) 2025 Julio Hernán Figueroa Bustamante https://creativecommons.org/licenses/by/4.0
date: 2025-07-07
publication date: 2025-07-07
doi: 10.37711/RJPDD.2025.2.2.2

The attenuated presidentialism and its ambivalence in Peru, in comparison with European parliamentarism
type: item
description: This study examines the Peruvian political regime, based on a model of attenuated presidentialism that combines parliamentary mechanisms within a presidential structure. Through a theoretical and practical approach, Latin American presidentialism, European parliamentarism, and the Peruvian hybrid model are compared, revealing tensions arising from its mixed configuration. Although the mechanisms incorporated aim to limit presidential power and foster collaboration between branches, their effectiveness depends on factors such as the correlation of forces in Congress and political leadership. The ambivalence of the system is highlighted, as it can both facilitate governability in contexts of cooperation and generate crises in scenarios of confrontation. The analysis addresses cases ranging from the 1992 self-coup to the current government of Dina Boluarte, showing how this ambivalence is manifested in practice. It is concluded that the success of attenuated presidentialism depends not only on its normative design but also on the democratic quality of its operators.
subject: Review article
  topic: section
creator: Eduardo Jesus Chocano Ravina
rights: Copyright (c) 2025 Eduardo Jesus Chocano Ravina https://creativecommons.org/licenses/by/4.0
date: 2025-01-20
publication date: 2025-01-20
starting page: 78
ending page: 89
doi: 10.37711/RJPDD.2025.2.1.9

Restorative approaches versus punitive approaches in Peruvian juvenile criminal justice: a systematic review
type: item
description: The present study had as objective to evaluate the amendments to the Legislative Decree No. 1348 through the law No. 32330 and its adequation to the international standards in juvenile criminal justice, with special emphasis on the restorative approach. A qualitative methodology with descriptive design was employed, using documentary analysis and systematic review following PRISMA guidelines. The search was conducted in academic databases such as Scopus and Scielo, selecting articles published between 2021 and 2025 related to juvenile justice, resulting in twenty articles for the final analysis. The results evidenced a persistent tension between restorative and punitive approaches in juvenile criminal justice systems at international level. A significant gap was identified between normative frameworks that promote restorative principles and concrete judicial practice, where traditional punitive logics predominate. The findings revealed that courts in several countries operate prioritizing efficiency over restorative principles, while stereotypes and biases persist that compromise the uniform application of specialized justice, which could be the case in Peru with the new law mentioned
subject: Review article
  topic: section
subject: juvenile justice
  topic: keywords
subject: restorative justice
  topic: keywords
subject: restorative approach
  topic: keywords
subject: punitive approach
  topic: keywords
subject: criminal law
  topic: keywords
creator: John Edvin Cruz Rojas
creator: Loana Nicolle Gutierrez Malca
rights: Copyright (c) 2025 John Edvin Cruz Rojas, Loana Nicolle Gutierrez Malca https://creativecommons.org/licenses/by/4.0
date: 2025-07-14
publication date: 2025-07-14
doi: 10.37711/

Peace as a human right and universal values: weaving apath toward sustainable human dignity
type: item
description: Learning to live and coexist are tasks that are not only recognized worldwide by international human rights agendas and treaties, but are also goals associated with building a better world. The objective of this research was to analyze the close link between peace, as a human right, and universal values, as global requirements that are necessary as means by which to weave the path toward sustainable human dignity. It was developed using a qualitative approach and was based on a review of documents; content analysis was also used as a technique. Lasting peace, as a categorical imperative for the construction of a functional world system, requires global agreement on the praxis of axiological and legal references that vindicate the sense of community and common security which, together with fruitful dialogue, allows for the cultivation of both planetary and civic and cosmopolitan vocations. Achieving perpetual and sustainable peace as a human right requires promoting shared responsibility in the management of inherited and emerging conflicts and controversies, in an attempt to guarantee peaceful coexistence where complementarity and interdependence prevail as universal values, which allow for deep understanding and sustainable reconciliation between individuals.
subject: Original article
  topic: section
subject: mutual understanding
  topic: keywords
subject: functional coexistence
  topic: keywords
subject: human autonomy
  topic: keywords
subject: moral sensitivity
  topic: keywords
subject: civic attitudes
  topic: keywords
creator: Jesús Alfredo Morales Carrero
creator: Kristopher Johann Arias Barrios
creator: Alfonso José Fernández
rights: Copyright (c) 2025 Jesús Alfredo Morales Carrero, Kristopher Johann Arias Barrios, Alfonso José Fernández https://creativecommons.org/licenses/by/4.0
date: 2025-01-17
publication date: 2025-01-17
starting page: 51
ending page: 64
doi: 10.37711/RJPDD.2025.2.1.7

The Brasilia Rules: Access to Justice for VulnerablePeople
type: item
description: The implementation of the Brasilia Rules is essential to ensure access to justice for vulnerable people in Latin America. This study was qualitative in nature, descriptive-analytical in type, based on documentary and jurisprudential analysis of academic research published in indexed scientifc journals, which were processed using the Atlas.ti qualitative data analysis program. To interpret the results, categories of analysis were used, such as structural barriers, judicial inclusion, institutional will, judicial training, perceived impact, and regulations. Although the Rules have been formally incorporated into national regulatory frameworks, structural inequalities, institutional resistance, and technological gaps persist, especially in rural areas. Similarly, the countries analyzed also face signifcant challenges, such as territorial inequality in implementation, lack of resources, and the absence of sustained public policies. There has been evidence of regulatory inflation with practical defcits and weak sustainability of the measures adopted. Effective access to justice still depends on political will, budget allocation, and ongoing training. The Brasilia Rules represent progress, but their real impact requires coordinated implementation, with citizen participation and constant external evaluation.
subject: Original article
  topic: section
subject: human rights
  topic: keywords
subject: Brasilia Rules
  topic: keywords
subject: inclusiveness
  topic: keywords
subject: justice
  topic: keywords
subject: vulnerability
  topic: keywords
creator: Ivan Andy Ullauri Ocampo
rights: Copyright (c) 2025 Ivan Andy Ullauri Ocampo https://creativecommons.org/licenses/by/4.0
date: 2025-01-30
publication date: 2025-01-30
starting page: 65
ending page: 77
doi: 10.37711/RJPDD.2025.2.1.8

Inclusion of refugees at Federal University of Grande Dourados
type: item
description: This study has as objective to analyze the public policy of access to higher education for refugees implemented by the Federal University of Grande Dourados (Brazil) and its results, with base in its process of special selection. The research used the deductive method, with a qualitative approach, seeking to verify, through bibliographical and, direct and indirect documentary, how the access to higher education for refugees at this university has been ensured.The study show that education right for refugees, in higher education, is expressly protected in various international and national legal instruments, with emphasis on the 1988 Federal Constitution and Laws No. 9394/1996, No. 9474/1997, and No. 13445/2017, and the public policy of the aforementioned university seeks to implement these normative mandates. The selection process for humanitarian reception, implemented by the aforementioned university, has achieved satisfactory results, due to the inclusion of 56 people in higher education. Nevertheless, it is necessary for the institution to develop an internal educational policy that is attentive to the special educational needs of these individuals.
subject: Original article
  topic: section
creator: Joao Lucas Zanoni da Silva
rights: Copyright (c) 2025 Joao Lucas Zanoni da Silva https://creativecommons.org/licenses/by/4.0
date: 2025-07-09
publication date: 2025-07-09
starting page: 1
ending page: 15
doi: 10.37711/

The The Best Interests of the Child as a Constitutional Right: The Need for a Conceptual Framework for the Public Prosecutor's Office
type: item
description: The principle of the best interests of the child is a fundamental pillar in the protection of children's rights and should be considered an essential guide for decision-making in judicial processes involving minors. Its correct implementation requires a commitment, both from judicial systems and from public policies and society in general. Inconsistent decisions in the context of the implementation of this principle demonstrate the need for an adequate interpretation and argumentation of its content. Moreover, since its promulgation in the Convention on the Rights of the Child, ratified by several countries, it has not been possible to determine a conceptual framework to help guide judicial decisions in favor of the child, where the Prosecutor General’s Officeof the Republic of Cuba, invested by constitutional mandate as defender of the principle of legality in force, plays a fundamental role.
subject: Original article
  topic: section
subject: protection
  topic: keywords
subject: jurisprudence
  topic: keywords
subject: human rights
  topic: keywords
subject: integral welfare
  topic: keywords
subject: guarantor state
  topic: keywords
creator: Jonatha Rojas Martínez
rights: Copyright (c) 2025 Roger David Calero Busiche https://creativecommons.org/licenses/by/4.0
date: 2025-01-24
publication date: 2025-01-24
starting page: 41
ending page: 50
doi: 10.37711/RJPDD.2025.2.1.4

Reflections on international development cooperation: the case of Luxembourg
type: item
description: Objective. To analyze the role of Luxembourg in international development cooperation, in its capacity as a donor country and member of the Development Assistance Committee, during the 2021–2022 period. Methodology. A descriptive and qualitative approach was adopted, based on the analysis of official sources from the Organisation for Economic Co-operation and Development, as well as academic literature. Quantitative data from those years were included, along with the country’s institutional and political framework. Results. During the period under review, Luxembourg emerged as the most generous country in terms of Official Development Assistance relative to its Gross National Income -maintaining a rate above 0.7%- surpassing even traditional donors. Its contributions were channeled primarily through bilateral cooperation, and to a lesser extent through multilateral channels, and were characterized by their quality, with policies aimed at fostering the development of recipient countries -mostly in Africa- beyond financial aspects. Conclusions. International development cooperation is a key pillar of Luxembourg’s foreign policy. In a global context marked by geopolitical tensions and domestic priorities, the country maintained a consistent and solidarity-oriented strategy. Its sustained commitment positioned it as an exemplary actor during 2021 and 2022, in contrast to the decline observed in development aid in the current year.
subject: Original article
  topic: section
subject: Official Development Assistance, the case of Luxembourg, effectiveness in international cooperation, global challenges.
  topic: keywords
creator: Joaquín Pablo Reca
rights: Copyright (c) 2025 Joaquín Reca https://creativecommons.org/licenses/by/4.0
date: 2025-01-25
publication date: 2025-01-25
starting page: 22
ending page: 27
doi: 10.37711/RJPDD.2025.2.1.6

Construction of female sexuality with a gender approach: an approach to sexual crime
type: item
description: Objective. To analyze the gender mandates that construct women's sexuality and their influence on the prevalence of sexual offending. Method. A quantitative research with a non-experimental, cross-sectional and exploratory design was carried out. An online questionnaire of 25 items on the Likert scale was applied to 250 cisgender Mexican women and university students, selected through convenience sampling. Quantitative analysis was performed by item and age ranges. Descriptive statistics and contingency table analysis were used, for which a chi-square test of independence was performed for the variables “age” and “areas of sexuality”; these were analyzed from a gender perspective. Results. The relevant data show that gender mandates related to the areas of society, body and violence in women's sexuality have a greater influence on the way women construct their sexuality, mainly in young women. It is highlighted that 74% of the participants are afraid to go out at night because they think they may be sexually violated. Conclusions. The gender perspective is a useful analytical tool for judicial authorities, as it makes it possible to explain the psychosocial and cultural characteristics involved in the prevalence of sexual crime.
subject: Original article
  topic: section
subject: gender
  topic: keywords
subject: sexuality
  topic: keywords
subject: sexual crime
  topic: keywords
subject: forensic psichology
  topic: keywords
subject: femenine
  topic: keywords
creator: Cynthia Valeria Díaz Díaz
creator: Alba Luz Robles Mendoza
creator: Tania Esmeralda Rocha Sánchez
creator: Zoraida García Castillo
rights: Copyright (c) 2025 Cynthia Valeria Díaz Díaz, Alba Luz Robles Mendoza, Tania Esmeralda Rocha Sánchez, Zoraida García Castillo https://creativecommons.org/licenses/by/4.0
date: 2025-01-18
publication date: 2025-01-18
starting page: 28
ending page: 40
doi: 10.37711/RJPDD.2025.2.1.5

Judgments and Family Protection under Law No. 30710 in Huanuco, Peru
type: item
description: Objective. To describe the influence of the conviction sentence according to Law No. 30 710 on the protection of the health and integrity of the family group in the Unipersonal Courts of Huánuco, 2017-2018. Method. A mixed, basic, deductive, descriptive-explanatory approach was used, under a non-experimental design. The sample corresponded to 28 convictions and 4 unipersonal judges. The technique used for the development of the research was documentary analysis, case analysis and interview. The instruments used were the documentary analysis and observation guide, the case analysis guide and the questionnaire, validated by experts. Results. The application of Law No. 30 710 in the conviction sentence generates unprotection in the health and integrity of women and members of the family group in the Unipersonal Courts of Huánuco, 2017-2018, verifying a high positive correlation with an “r” = 0.920. Conclusion. The referred law, by preventing the imposition of a restrictive measure of a suspended nature for the crime of minor injuries to the detriment of the woman and members of the family group, is punitive and not preventive; consequently, it does not safeguard the physical integrity or the identity of the victim.
subject: Original article
  topic: section
subject: sentences
  topic: keywords
subject: effective penalty
  topic: keywords
subject: suspended sentence
  topic: keywords
subject: protection
  topic: keywords
subject: victim
  topic: keywords
creator: Daniel Gustavo Gobea Dolores
rights: Copyright (c) 2025 Daniel Gustavo Gobea Dolores https://creativecommons.org/licenses/by/4.0
date: 2025-01-06
publication date: 2025-01-06
starting page: 10
ending page: 21
doi: 10.37711/RJPDD.2025.2.1.1

Research as a weapon to combat obstacles to progress
type: item
description: Our country, despite the political and social problems it has faced over the past ten years, has maintained a stable level of economic growth. This is because the free market, combined with the vast supply of products and services available, has generated an economic ecosystem that has allowed economies of scale to survive.
subject: Editorial
  topic: section
creator: Erik Francesc Obiol Anaya
rights: Copyright (c) 2025 Erik Francesc Obiol Anaya https://creativecommons.org/licenses/by/4.0
date: 2025-01-15
publication date: 2025-01-15
starting page: 7
ending page: 9
doi: 10.37711/RJPDD.2025.2.1.2

Law, Democracy and Political Corruption from a Legal-Anthropological: A Commentary on Corruption from Political Anthropology (2024)
type: item
description: This commentary represents an approach and reflection on the book Corruption from the perspective of Political Anthropology: A Transcultural Study of Spain and the Dominican Republic (2024), published by McGraw-Hill Publishing by lawyer and anthropologist Marcos Iglesias Carrera, professor at the University of Salamanca (Spain).
subject: Book review
  topic: section
subject: protection
  topic: keywords
subject: jurisprudence
  topic: keywords
subject: human rights
  topic: keywords
subject: integral welfare
  topic: keywords
subject: guarantor state
  topic: keywords
creator: Enrique Fernández-Vilas
rights: Copyright (c) 2025 Enrique Fernández-Vilas https://creativecommons.org/licenses/by/4.0
date: 2025-01-21
publication date: 2025-01-21
starting page: 90
ending page: 92
doi: 10.37711/RJPDD.2025.2.1.3

Corporate social responsibility to the light of the new Law Decree 76/23 and the Law Decree 88/24
type: item
description: Corporate social responsibility, as it manifests itself in its essence, constitutes a manner to direct the companies, employeds, accionists, local communities, environment and the society as a whole. These are found regulated of particular manner in the cuban juridical regulations, having as protagonists of its application to the agricultures cooperative and to the new economic actors of our society. The article analyzes briefly the aspects of this new legislation that tribute to the development of the corporate social responsibility and the beginnings that this included in the act mercantile, as an ideal alternative to achieve a favorable economic and social balance for all factors involved in the production process.
subject: Legal essay
  topic: section
subject: social responsibility
  topic: keywords
subject: decree
  topic: keywords
subject: corporate
  topic: keywords
subject: legislative
  topic: keywords
subject: law
  topic: keywords
creator: Surelys Valdés Díaz
rights: Copyright (c) 2024 Surelys Valdés Díaz https://creativecommons.org/licenses/by/4.0
date: 2024-07-30
publication date: 2024-07-30
starting page: 97
ending page: 100
doi: 10.37711/RJPDD.2024.1.2.6

Child labor and violation of rights in boys, girls and teenagers in an urban area of Huanuco, Peru
type: item
description: Objective. To describe the child labor and the violation of the fundamental rights in boys, girls and adolescents (BGandT) of an urban area of the district of Huanuco, Peru. Methods. The research was of descriptive type; census sample was conformed by 55 subjects and 3 rules with rank law that regulate child labor. The instruments of recollection of data were the questionnaire and the documental analysis. A descriptive analysis was applied. Results. Child labor in the urban area of the district of Huanuco puts in gamble the physical and psychological integrity of the minors that work in a dependent manner in customer service, and waiters who work independently in street vending activities, affecting their fundamental rights to education, health and recreation. In addition to this, there is a culture of tolerance of citizens towards child labor. Conclusion. It was found that child labor infringes the fundamental rights of boys, girls and adolescents.
subject: Original article
  topic: section
subject: child labor
  topic: keywords
subject: girl
  topic: keywords
subject: boy
  topic: keywords
subject: adolescent
  topic: keywords
subject: infringe
  topic: keywords
subject: fundamentals right
  topic: keywords
creator: Miller Villanueva Santamaría
rights: Copyright (c) 2024 Miller Villanueva Santamaría https://creativecommons.org/licenses/by/4.0
date: 2024-07-18
publication date: 2024-07-18
starting page: 65
ending page: 73
doi: 10.37711/RJPDD.2024.1.2.3

Analysis of the principle societas delinquere non potest in the Peruvian penal system
type: item
description: Objective. To analyze the principle societas delinquere non potest in the peruvian penal system. Methodology. For the development was employed the interpretative paradigm, through the qualitative methodologic perspective, using a methodological design of content analysis, whether bibliography, regulatory, doctrinal, or jurisprudential, and using the ethnographic method. The methodological design was deployed to the long of three stages: descriptive, expository and theoretical, having been delimited the study in Huanuco city during the year 2021, for which bibliographic and jurisprudential material was available. Furthermore, in-depth interviews were conducted with six experts in the criminal feld: two university professors, two prosecutors, and two criminal judges, with professional experience. Results. It was shown that the figure of acting on behalf of a legal entity is suitable for addressing the problems that arise when a criminal act is attributed to a legal entity. which is produce because the criminal legislator is reluctant to recognize that this can also be an active subject of the crime, through the formula of acting on behalf of another (the legal entity). Conclusions. The principle studied is decontextualized and displaced in the current context, where both international doctrines and several countries in particular have recognized the criminal responsibility of companies and legal entities.
subject: Original article
  topic: section
subject: purposes of the penalty
  topic: keywords
subject: legal entity
  topic: keywords
subject: penal process
  topic: keywords
subject: penal system
  topic: keywords
subject: penal code
  topic: keywords
creator: David Bernardo Beraún Sánchez
rights: Copyright (c) 2024 David Bernardo Beraún Sánchez https://creativecommons.org/licenses/by/4.0
date: 2024-07-10
publication date: 2024-07-10
starting page: 85
ending page: 90
doi: 10.37711/RJPDD.2024.1.2.2

Real and effective representativity of the Senate departments of the Republic of Colombia and its Constitutional reforms
type: item
description: Objective. To recognize the structure of the political representation of the Senate regarding the territory. Methodology. The study was of qualitative approach, descriptive and inductive, since it was carried out by means of an inductive process based on the documentary review of texts, such as the Political Constitution of Colombia, scientific journals, gray literature, textbooks, literature and history about the Congress of the republic, among others. Results. An imbalance in the number of senators per constituency was presented, Which can be translate in insufficient representation for some departments, that would be left out of the decisions taken and the debates that could have incidence on the interests of the citizens of the territories with smaller populations vs. the capital cities with relation to infrastructure and development projects that improve the quality of life of the people. Conclusions. It is evident that since the Senate is the place where the inhabitants can make their voices heard, be heard and manage solutions for all regions, by not having a representative distribution of the national territory, it is not possible to provide guarantees for equitable regional development according to the territorial approach, in order to keep the logical proportions of the exercise of citizen and political participation.
subject: Original article
  topic: section
subject: departments
  topic: keywords
subject: political reforms
  topic: keywords
subject: electoral representation
  topic: keywords
subject: Senate
  topic: keywords
subject: vote
  topic: keywords
subject: elections
  topic: keywords
creator: Javier Mauricio García Chiquito
creator: Julian Andrés Martinez Noreña
creator: Martha Lucía Gallego Betancourth
rights: Copyright (c) 2024 Javier Mauricio García Chiquito, Julian Andrés Martinez Noreña, Martha Lucía Gallego Betancourth https://creativecommons.org/licenses/by/4.0
date: 2024-07-24
publication date: 2024-07-24
starting page: 74
ending page: 84
doi: 10.37711/RJPDD.2024.1.2.4

Artificial intelligence in justice: A theoretical analysis of methodologies and accessibility
type: item
description: The implementation of artificial intelligence (AI) in judicial systems is presented as an innovative solution to improve efficiency and accessibility to justice. The objective of the article was to evaluate current methodologies used for the implementation of AI in judicial systems and their effectiveness in enhancing accessibility to justice. Through an exhaustive theoretical review, techniques such as natural language processing (NLP), predictive analysis, and decision-support systems were analyzed. The results indicated that these methodologies not only improve efficiency and speed in case resolution but also promote greater consistency and fairness in judicial decisions. However, limitations were identified, including lack of transparency in algorithms and resistance to change among legal professionals. It is concluded that, although AI has the potential to positively transform the administration of justice, developing robust ethical frameworks and fostering ongoing training for legal professionals is crucial for effective implementation. This study highlights the need for further research and refinement of these methodologies to maximize the benefits of AI in the judicial system.
subject: Review article
  topic: section
subject: artificial intelligence
  topic: keywords
subject: judicial systems
  topic: keywords
subject: natural language processing
  topic: keywords
subject: accessibility to justice
  topic: keywords
subject: predictive methods
  topic: keywords
creator: Edgado Cristiam Iván López De La Cruz
rights: Copyright (c) 2024 Edgardo Cristiam Iván López De La Cruz https://creativecommons.org/licenses/by/4.0
date: 2024-07-26
publication date: 2024-07-26
starting page: 91
ending page: 96
doi: 10.37711/RJPDD.2024.1.2.5

The right to social protest or the right to protect and have rights
type: item
description: Social protest in Peru is criminalized, which is fine because it undermines the country's normal development. Furthermore, these protests are carried out by idle people who expect the State to solve their problems and, on other occasions, by resentful people who envy those who, thanks to their great efforts, have accumulated wealth and prosperity. Whatever the case, the truth is that citizens who protest for wage increases, reforms in health care, education, or against corruption and impunity don't realize that if they are poor, it's because they want to be—that is, because they don't save or don't work hard enough.
subject: Editorial
  topic: section
subject: right
  topic: keywords
subject: social protest
  topic: keywords
subject: protect
  topic: keywords
creator: Jaime Araujo-Frías
rights: Copyright (c) 2024 Jaime Araujo-Frías https://creativecommons.org/licenses/by/4.0
date: 2024-07-30
publication date: 2024-07-30
starting page: 63
ending page: 64
doi: 10.37711/RJPDD.2024.1.2.1

Sociodemographic characteristics and knowledge regarding rights in covered people of the Health Insurance Integral in Huanuco, Peru
type: item
description: Objective. To establish the relationship among the sociodemographic characteristics and the knowledges regarding the rights as covered people of the Health Insurance Integral in Hermilio Valdizan Medrano Hospital of Huanuco, in 2019. Methods. A quantitative research of relational level, descriptive, transversal and prospective. Worked with 333 insured persons over 18 years of age and of both sexes. The knowledge regarding the rights of the Health Insurance Integral was used. To prove the hypothesis the Spearman rho statistics and Pearson chi-squared. Results. A low, negative and inverse correlation was found between age and knowledge of rights as covered people (rs = -0.179; p = 0.001). In addition, a relationship was found between female sex and a medium and high level of knowledge of rights as covered people (X2 = 6.703; p = 0.035). A relationship was observed between the Spanish language and a medium and high knowledge of rights as covered people (X2 = 20.906; p = 0.000), as well as between the occupation of housewife and a medium knowledge of rights as a citizen responsible for his or her health (X2 = 14.161; p = 0.028). In addition, a relationship was found between the educational level of completed secondary and a medium and high level of knowledge about rights as covered people (X2 = 18.326; p = 0.050). Conclusions. Sociodemographic characteristics are related with the knowledge of the rights as covered people of the Health Insurance.
subject: Original article
  topic: section
subject: demography
  topic: keywords
subject: rights
  topic: keywords
subject: health policy
  topic: keywords
subject: health
  topic: keywords
subject: insurance
  topic: keywords
creator: Cinthia Lisseth Ramírez Bacilio
creator: Christian Paolo Martel Carranza
rights: Copyright (c) 2024 Ramírez Bacilio et al. https://creativecommons.org/licenses/by/4.0
date: 2024-01-17
publication date: 2024-01-17
starting page: 20
ending page: 29
doi: 10.37711/RJPDD/2024.1.1.3

Due process in the virtual hearing system in Huanuco
type: item
description: Objective. To determinate to what extent is breached the due process of law in the virtual audiences system in Huanuco (Peru). Methods. The research was of basic type, its population was composed by 144 analysis subject, among penal lawyers that sponsored audiences in the virtual audiences system in 2022, as well as the judges and judicial assistants of Preparatory Investigation of the Huanuco’s Judicial District, having as a sample 42 subjects; finally, the interview and the survey. Results. A specialized technical support team must be available, to be permanently in charge of attending the virtual audiences and give technical solution timely to avoid breach of principles and rights of the due process. The lawyers and the parts must realize preparation acts, those are coordination acts that have the objective to ensure the orderly and efficient realization of the virtual audience. Conclusions. Breach of due process of law in the virtual audience system is high, because the immediacy principle is breaching, the right to prove and the right to defense. Es alta la vulneración del debido proceso procesal en el sistema de audiencias virtuales debido a que se está vulnerando el principio de inmediación, el derecho a probar y el derecho a la defensa.
subject: Original article
  topic: section
subject: Right to defense
  topic: keywords
subject: immediacy principle
  topic: keywords
subject: videoconference
  topic: keywords
subject: connectivity
  topic: keywords
subject: right to prove
  topic: keywords
creator: Yossely Nicea Lopez Arce
creator: Isaias Lopez Atencia
creator: Jorge Luis Durand Alvarado
rights: Copyright (c) 2024 Lopez Arce et al. https://creativecommons.org/licenses/by/4.0
date: 2024-01-09
publication date: 2024-01-09
starting page: 39
ending page: 45
doi: 10.37711/RJPDD.2024.1.1.5

Bioethical reflection as a particularization of the anthropometric vision in the philosophy of law
type: item
description: The connotation of the category "person" has varied throughout the history of the philosophy of law. This condition underlies the recognition of particular rights that are transformed as of the material conditions that impact on its confguration and enjoyment. Immersed in the dynamism of scientific and technical development, the law has been bounded to reconfigure itself on the basis of new requirements of justice imposed by the growth of biosciences, for example, culminating in new philosophical reflections that take the person as the center and pursue the protection of dignity.
subject: Original article
  topic: section
subject: person
  topic: keywords
subject: human rights
  topic: keywords
subject: bioethic
  topic: keywords
subject: biolaw
  topic: keywords
subject: life sciences
  topic: keywords
creator: Sonia Zaldivar Marrón
rights: Copyright (c) 2024 Revista Jurídica Peruana Desafíos en Derecho https://creativecommons.org/licenses/by/4.0
date: 2024-01-12
publication date: 2024-01-12
starting page: 46
ending page: 55
doi: 10.37711/RJPDD.2024.1.1.6

Restitution of the investigative capacity of the National Police of Peru
type: item
description: Objective. To observe in order to reinforce the analysis of the normative criminal, police and prosecutorial procedural policy in the framework of the restitution of the investigative capacity of the National Police of Peru. Methods. The research was developed under the paradigm of qualitative research, since it is a juridic dogmatic or juridic-substantive and formal adjective research, employing the Interpretive-hermeneutic and inductive method, presenting beforehand the state of the art, the theoretical framework and the review of bibliographic sources based on a wide documentary material (sentences, fscal fles, texts, journals and legal norms). The article also handles a descriptive-explanatory level of analysis. Results. The current state of the police investigation process has resulted in a long delay in the administrative procedure, which causes a bureaucratization of the processes, unduly prolonging the judge's ronouncement and, in many cases, the detainees placed at the disposal of the Public Prosecutor's Office are released. This leads to two types of protest: from the public, including criticism from the press, and from the police institution itself. Conclusions. It is suggested that the work previously carried out by the Investigation Police (PIP) be fully resumed and that it be immediately validated by the prosecutor who initiates the preliminary process. This would speed up the deadlines and would bring us closer to an effective and real justice.
subject: Original article
  topic: section
subject: police report
  topic: keywords
subject: police attested
  topic: keywords
subject: fiscal fle
  topic: keywords
subject: fiscal opinion
  topic: keywords
subject: court sentence
  topic: keywords
creator: Uladislao Zevallos Acosta
creator: Zoila Victoria Zevallos López
rights: Copyright (c) 2024 Zevallos Acosta et al. https://creativecommons.org/licenses/by/4.0
date: 2024-01-12
publication date: 2024-01-12
starting page: 30
ending page: 38
doi: 10.37711/RJPDD.2024.1.1.4

A new editorial project: Peruvian Juridical Journal Challenges in Law of the Huanuco University, Peru
type: item
description: I owe the University of Huánuco an indelible debt of gratitude, which goes back twenty years. Thanks to the generosity of the rector—our rector; allow me to use the plural possessive pronoun—of the then dean of the Faculty of Law and Political Science, Dr. Uladislao Zevallos Acosta, and of his successor, my beloved disciple and colleague, Dr. Fernando E. Corcino Barrueta. I am always pleased to remember that almost two decades ago I was named the first honorary doctor of its teaching staff, and some time ago I was also awarded the Dr. Miguel Polaino Navarrete Legal Research Institute, whose establishment and subsequent development honors and makes me proud.
subject: Editorial
  topic: section
subject: -
  topic: keywords
creator: Miguel Polaino Navarrete
rights: Copyright (c) 2024 Revista Jurídica Peruana Desafíos en Derecho https://creativecommons.org/licenses/by/4.0
date: 2024-01-31
publication date: 2024-01-31
starting page: 7
ending page: 8
doi: 10.37711/RJPDD.2024.1.1.1

Ethical conduct and its relationship with the professional profile of the graduate in law students
type: item
description: Objective. To determine the relationship between the ethical conduct shown by students with the professional profile of the graduate in the Faculty of Law of the University of Huánuco. Methods. The research was developed by means of two approaches: quantitative and qualitative, being relational, observational, descriptive, explanatory and cross-sectional. The study design was non-experimental and correlational. The population consisted of students and university professors of the Faculty of Law of the University of Huánuco. The sample consisted of 74 units. Two techniques were used for data collection: the survey and the interview. Results. The general result was obtained with the chi-square test, with an asymptotic significance (bilateral) of 0.000 < 0.05. In this relationship, the Ho (There is no relationship between the ethical conducts shown by the students and the professional profile of the graduate) was rejected and the Ha (There is a relationship between the ethical conducts shown by the students and the professional profile of the graduate) was accepted. Conclusions. There is a relationship between the two study variables, because the statistical data showed that the students present in greater quantity regular conducts and an average knowledge about the graduate's profle; which means that in the absence of a continuous and permanent knowledge about the graduate's professional profile, the students presented regular ethical conducts.
subject: Original article
  topic: section
subject: conducts
  topic: keywords
subject: unethical
  topic: keywords
subject: professional profile
  topic: keywords
subject: ethics
  topic: keywords
subject: graduate
  topic: keywords
creator: Jessica Juliana Minaya-León
creator: Alfredo Martel Santiago
creator: José Carlos Minaya León
creator: Teresa Araceli Argüezo Lombardi
rights: Copyright (c) 2024 Minaya-León et al. https://creativecommons.org/licenses/by/4.0
date: 2024-01-10
publication date: 2024-01-10
starting page: 9
ending page: 19
doi: 10.37711/RJPDD/2024.1.1.2