vol. 14 núm. 16 (2012)

Even though law 100 of 1993 recognized the health regime of the body of official teachers as an exception seeking to preserve their acquired rights and legitimate expectations, practice has shown regulatory gaps on minimum health service coverage and in the financing of the health care system that affect the health protection of the members of this body. The Constitutional Court has repeatedly urged Congress on the necessity of issuing the missing regulations without result. As a consequence, the Court has adopted a regulatory role through its jurisprudence, analogically extending the benefits of the regulatory and general arrangements in order to protect the fundamental rights of its members.

The use of electronic commerce generates countless transactions that show the capacity of contributors and that should still be taxable in order to sustain public expenditure. Cuba is not unaware of this phenomenon but current tax legislation is not ready to confront it due to lack of structure in the imposable facts. This discussion paper is the result of scientifically action within a research line that has been entitled: “Legal aspects of electronic commerce” at the Department for Legal Consulting and International Law of the Faculty of Law at the Universidad de la Habana, created in 2012.

Administrative morality, as an expression of the collective rights enshrined in the Colombian Constitution of 1991, is an innovative constitutional institution in the legal life of this country, it seeks the inspiration of the State in meeting its goals. This paper seeks an approach to the essence of this right in the theoretical sense that has been given to it by both doctrine and jurisprudence. In conclusion we seek here to address the relationship between administrative morality, collective rights and public property.

In this work we research the possibility of joint adoption by families conformed by same sex couples taking into account the decision of the Supreme Court in adpf 132 and adi 4277, which confers these unions the legal status of a stable union. We mean to present the institution of adoption in Brazil from its inclusive conception of family and to try to understand the effect of the Supreme Court’s decision by discussing some votes that have been the object of controversy. This paper was elaborated as a result of the research project: “The possibility of ample adoption by homosexual couples after the recent decisions from the Superior courts”, carried out in 2012 by the research group “Legal center for Public Policy (opur)” of the Pontificia Universidad Católica de Minas Gerais.

The Political Constitution of Colombia provides that labor is a fundamental right of the people, but unfortunately in our country this has diverted from reality. First, because of the way in which the different modalities of service provision contracts have been generalized, due to the way in which these have become the most effective way to avoid labor stability, social benefits and social security, through deliberate attempts to simulate a social status different from the actual one, working to avoid the obligations mandated by Law.

From a legal viewpoint, being a person does not imply an a priori capability, immanent to human nature or a divine gift, but rather that one is able to do the construction and affirmation of personality. Thus, when dealing with fundamental rights, you can not have in mind merely the existential awareness of the human species, but, above all, an existential possibility that the human individual, being free and coexisting in a dialogue network, is able to build a personality. Therefore, we propose here a review of the hermeneutics of fundamental rights through the recognition and affirmation of the individual's right to build, recognize and be recognized for their personality that is shared intersubjectively.

This study proposes the recognition of a relationship of functional complementarity between Criminal material Law and the Criminal Procedure. Under this relationship, while preserving the teleology of each of these components, these two sectors of the Criminal Legal System must be connected through a common criminal and political orientation. This effort should be aimed to prevent systemic contradictions and unintended consequences concerning the function to be performed by each towards the goals of said system as a whole.