núm. 14 (2013): revista via iuris 14 (enero - junio)

The exercise of criminal action may be undertaken by the State, the social cluster, or a person who has suffered harm as a result of the crime. The latter possibility, called private action has been taken recently in Colombia through constitutional reform. Based on the foregoing, this article reviews the history of the concept of criminal action and the alternatives that emerge regarding its ownership. We also study the legal nature in national legislation has had the criminal and procedural intervention possibilities that have been granted to victims of crime in the last three Codes of Criminal Procedure and the judgments of the Constitutional Court more representative on the subject, up to the consecration of the private prosecution. Having established this, I will analyze the bill project that is currently being under examination in the House of Representatives by which is looking to regulate such institution, in order to describe its scope and to identify its gaps.

The Southern Common Market (MERCOSUR) as integration process, has been the subject of countless studies by specialized doctrine, on its organic institutions and regulations, of commercial and economic aspects, as well as of the other “dimensions” that have been added since its founding act in March 1991, to the present. In this paper, the proposal is to analyze the integration of the point of view of the countries that make it up as “regional integration scheme” of “intergovernmental” character or nature, since its incorporation in both “State Party” or “States Parties” (founding), and mainly engaging in this process of integration of the so-called “Associated States”, which ultimately are the two established procedures for participation in the regional scheme according to MERCOSUR rules.

This paper examines how institutional arrangements of the plurinational states of Bolivia and Ecuador agree with the intercultural approach, and the challenges that can be inferred of such relationship. The central idea is the tension between plurinationality and multiculturalism, which is expressed particularly in the establishment of territorial autonomy, so while these institutional arrangements are needed to ensure recognition of the plurality, are insufficient for ulticulturalism. First, it examines plurinational state claim by indigenous movements in recent decades. Second, it studies multicultural policies that sought to answer that demand. Third, it defines the concept of multiculturalism used by indigenous movements in order to articulate their demands. Finally, discusses the challenges of multinational state, particularly in terms of autonomy.

This article aims at analyzing the procedural figure named private prosecution from a reflective and critical approach. The methodology used is part of the type of qualitative research as it focuses on the concept of the mentioned figure and its consequences. The tension between the right of victims to access promptly and effectively to the ordinary criminal jurisdiction, and the fundamental guarantees recognized to those who acquire the quality of indicted, imputed or accused, is specifically studied in this paper. Such reflective analysis leads to the conclusion that the regulation finally adopted by Congress should include a material check of the legal complaint made by the private prosecutor coupled with prior control of all activities that may affect guarantees of the accused.

This paper examines how institutional arrangements of the plurinational states of Bolivia and Ecuador agree with the intercultural approach, and the challenges that can be inferred of such relationship. The central idea is the tension between plurinationality and multiculturalism, which is expressed particularly in the establishment of territorial autonomy, so while these institutional arrangements are needed to ensure recognition of the plurality, are insufficient for multiculturalism. First, it examines plurinational state claim by indigenous movements in recent decades. Second, it studies multicultural policies that sought to answer that demand. Third, it defines the concept of multiculturalism used by indigenous movements in order to articulate their demands. Finally, discusses the challenges of multinational state, particularly in terms of autonomy.

Based on the status of the various initiatives of regional integration and cooperation undertaken in the last decades in Latin America, this article analyzes prospects that are in that Latin American context for the project undertaken in the region by four South American countries with the aim of establishing a common market between them, named MERCOSUR. It is inspired on the integration process of the European Union, which initially served as a model and inspiration. Established the challenges and possible scenarios that are presented to MERCOSUR, the study is based on qualitative research, through the interview to experts technique, which aims to deepen and confirm these prospects.

The problem of administrative inactivity is a divorce between the citizen and the administration, having the administration a position of guarantor of legality and a functional duty by the officers and servants. In the present research we will be limited to the legal problems of administrative silence in its positive and negative manifestations. At present, the European, Latin American and American Public Administration has not met the expectations of efficiency, speed, economy, transparency, due process, reasonable time as other guiding principles which project a proper development, fair and expeditious administration and its communicating means: administrative acts. The scope of the topic, propose a tentative legal nature of administrative silence, its administrative and procedural treatment and legal controls to which is subject, reflecting on the necessary control of the generated administrative acts based on administrative silence positive or negative.

From the perspective of legal theory, the problem of judicial decision has been taken as one of the preconditions for revitalization of legal systems. However, this type of decision, which is coated with a specific characteristic, given it exceeds the scope of the essentially legal, and it is necessarily linked to the effectiveness of the standard. From this perspective, some of the problems that have been the focus of legal theory are now in the background, because of the crucial role played by the study of the judicial decision seen as measure of effectiveness. However such decisión has not been understood in a univocal sense in legal theory, but every one of the legal theoreticians has attributed effects in one way or another, depending on factors intrinsic and extrinsic to the law. The purpose of this paper is to present some of the relevant positions within the legal theory that revolve around the effectiveness of the legal standard and its relationship with the judicial decision.

Certainly, foreign policy is a key component of government activity that undoubtedly attests to the inter-play of different forces trying to shape decision-making processes. Two of them are transnational corporations (TNCs) and nongovernmental organizations (NGOs), however, little is known about the strategies successfully used by them to infer the results of foreign policy. This paper makes a comprehensive assessment of theories of foreign policy analysis, comparative politics, and concise case studies, in order to understand the relevance achieved and the strategies employed by these organizations. An analysis of these factors reveals that TNCs’ economic capacity promotes practices such as lobbying, while NGOs possessing greater stature than their counterparts, scrutinize both government and corporate behaviour. On the other hand, TNCs and NGOs actively disseminate ideas, aimed at persuading public or political leaders, all in favour of agendas of their choice. This study adds a better understanding of unofficial sources of foreign policy, which could open up future research paths regarding to the role of non-state actors in public affairs, and their relationship with state’s ruling elites.

The aim of this work is to establish the strategies and ways to ensure the right to health, as well as reflection the limits and possibilities of implementation of state and non-state mechanisms for its recognition in Brazil and Portugal. To this end, it was carried out a qualitative and quantitative research, in order to discuss -comparatively- existing challenges to guarantee the right to health through judiciary. The results show that the complexity of the choice of state or non-state mechanism is closely related to the legal culture of citizens, and a series of political and economic factors that emerge from the set of opportunities in each environment.