Revista de la Facultad de Jurisprudencia

67-91

Authors: Jorge Luis Chiriboga Estupiñán

The doctrine approaches the avoidability of the mistake of law or prohibition from markedly antagonistic theories. From there, a broad spectrum of interpretations is obtained by the judges when admitting this figure in a judicial decision. Then, depending on each theory, the effects of the mistake of law or prohibition can be different. It is also to be considered the different criteria that that jurisprudence has formed, especially in countries such as Germany and Spain. These countries regularly apply the figure of the mistake of law or prohibition, primarily in cultural conditioning cases, due to the strong migratory phenomenon they have faced in recent decades. Therefore, various criteria are set out and must be considered for each particular case when defining the person’s degree of guilt.

119-149

Authors: Rafael Acevedo Rueda, María Lorca Susino

Institutions have been widely studied as triggers of economic growth. Latin American countries in the XXI century have shown an increment in State interventionism; nevertheless, the region exhibited an average annual growth rate around 3.31 percent in the first seventeen years. This research is trying to establish the causality between economic freedom, oil-production, and collectivism with economic growth. In this research in progress report we show early results of our experimental design, which demonstrates the importance of these institutions. Using basic statistics on growth, we conclude that countries that reduced their economic freedom experienced an economic growth of about 1.81 percentage points lower than those countries that did not reduce it, at 1% of significance level. On average, our findings suggest that in Latin America during the analyzed timeframe (2001-2017), non-oil producer countries enjoyed an average annual economic growth rate of about 1.14 percentage points higher that the economic growth experienced by oil-producers. Interestingly, more-collectivist countries grew 0.48 percentage points more than less-collectivist. Finally, we estimated a difference-in-differences model using OLS, and generated instruments (Lewbel, 2012; Lewbel, 2018) accounting for country fixed effects, and applied a variety of estimators to determine the effect of economic freedom in these countries. Our results, statistically significant, suggest that Latin American countries that lose economic freedom grow at a lower rate than the rest of the countries

178-219

Authors: Oswaldo Navas Tapia

Este ensayo enfrenta los temas conceptuales que permiten aquilatar la magnitud de la irrupción de la IA, la robótica y el Big Data al concluir la segunda década del siglo XXI. Hace un repaso por las sorprendentes bondades que ofrece al hombre la tecnología inteligente que pretende ser autónoma y que, por esa misma razón, plantea desafíos éticos no fáciles de abordar y menos de resolver. La Era Digital está removiendo, desde sus raíces, la forma que tenemos de entender el Derecho positivo, como una potestad de imperium del Estado, pues la regulación normativa de la actividad humana, con inusitada rapidez, está pasando a la iniciativa privada. La UE ha generado importante normativa regional que bien podría servir de guía para el resto de Estados en el mundo. La robótica, en particular, genera honda preocupación en el ámbito de la responsabilidad civil y en el mundo laboral por la potencial eliminación de fuentes de empleo para los seres humanos.

241-289

Authors: Patricia Elizabeth Borja Laverde

The composition of the IESS Board of Directors is tripartite. In 2016, the Constitutional Court declared the deferred unconstitutionality of the second and third paragraphs of article 28 of the Social Security Law, until the National Assembly approves legal reform to ensure the constitutional rights of equality and participation for the integration of this body. As of 2018, by decision of the General Controller of the State, the IESS Board of Directors had only two members. In 2020, by decision of the Court, the Board of Directors has once again a tripartite structure. Therefore, this paper aims to analyze the current structure of the Board of Directors and other factors around the governance of the highest governing body of the Ecuadorian Social Security Institute.

320-345

Authors: Iris Edith La Salvia

This paper aims to go through the radical transformation produced in Argentine Republic’s legal and health system in the approach to mental illness, based on the paradigm changes that slowly but effectively it was installed from the Mental Health Law 26,657. The drastic replacement of a system with paternalistic criteria for that of the dignity of risk, the recognition of the person autonomy with mental illness in the exercise of their rights with due assistance, interdisciplinary treatment, the interaction between the institutions of the system health and the restrictive nature of hospitalization measures as a final ratio in cases of severe and imminent risk. The objective is to share this route in order to reflect on how society considers mental illness and the need to complete the evolution of the new paradigm in pursuit of the integration of all people through knowledge as the only useful tool to dethrone the preconceptions and ignorance that traditionally postponed the subject.

365-383

Authors: Oscar Súmar Albujar, Thalía Lily Zúñiga Medina

Inthis article the authors will identify how the reform of the “new” Peruvian Constitution policy was implemented, with particular emphasis on the influence of the Constitutional Court of Peru. At last, using the theory of public choice, we will present three cases that allow them to conclude that the Peruvian Constitution does not reflect a particular ideology but rather a mix of values that can be opportunistically used by interest groups. The first example deals with the regulation of the education, health and social security sectors. In this case, the authors conclude that the regulation is mercantilist. The second example deals with the “stabilization acts” for foreign investment contracts. In practice, this provision was used to concede a legal monopoly to Telefonica, a telecommunications company. Finally, our third case refers to the treatment of natural resources. In accordance to the Constitution, natural resources are property of the State, not the owner of the land. This anti-market provision has caused economic losses and social conflicts.

431-452

Authors: Vitor Rhein Schirato

the scope of this essay is to analyze some decisions of the Brazilian federal administration concerning actions to minimize the current pandemic of COVID-19 to understand to which extent such discretionary decisions could be subject to a judicial review.

483-526

Authors: Vicente Vásconez Merelo

The author analyzing the penal type prescribed in article 220 of the COIP, because he considers their interpretation is extensive. To verify this assertion is necessary to evaluate the international legal context for the illegal use of narcotic and psychotropic substances, in line with the old Narcotics Law that was invalidation until the enactment of the COIP in 2014. Additionally, the paradigm shift has drawn up as a result of the entry into force of the National Constitution of 2008, which stops the consumer of prohibited substances as a criminal from receiving treatment for victims. Finally, the author analyzes to correctly interpret the aforementioned criminal type and consequently proposes an interpretation criterion reflected in the analysis of a judicial case that occurred in one of the Ecuadorian courts, thus concluding that in the Ecuadorian criminal legal system simple drug possession is atypical

580-607

Authors: Wilson Guillermo Ortega Caicedo

The growing interest in developing guarantees for protecting labour rights, both nationally and internationally, has led different countries to include paternity license within their legal systems, some of them even contemplating the so-called paternity jurisdiction. This article aims to establish the need to guarantee safeguarding work and the consequent protection of the worker’s family nucleus, the parental jurisdiction. A study of national and comparative legislation was then carried out to verify the real scope of this jurisdiction and how it should be regulated in Ecuador, identifying the specific features that define its characteristic features in each of the countries subject to analysis. Additionally, concepts such as equality and discrimination have been developed, based on agreements adopted by the International Labour Organization. All the elements mentioned above have served as a basis to determine the weaknesses that the current national regulatory framework presents, serving for the subsequent formulation of conclusions, which show the situation of inequality and lack of protection in which the workers are and the possible strengths that would bring the inclusion of this legal figure to achieve much broader protection of the rights of the working class.