Ius Humani. Law Journal

Nature As A Subject Of Rights In The Sanctioning Procedure In The Organic Environmental Code. Ecuador

Pablo Ricardo Mendoza Escalante — 2024-11-07

Research on the rights of nature in the field of administrative procedural law constitutes a new challenge based on the sanctioning power of the Ecuadorian State within the sanctioning procedure provided for in the Organic Code of the environment in Ecuador. Accordingly, the research addressed, from the new conception of nature as a new subject of rights, the role of the subject interested in the results of the sanctioning procedure provided for in the CODA. In this context, aspects such as the status of procedural subject, legitimation, jurisdiction, due process, the natural judge, evidence, the sentence and its necessary motivation were addressed, through legal argumentation. A legal dogmatic documentary type methodology was used, which allowed the analysis of the different legal institutions in the constitutional resolutions in administrative matters, as well as the regulations linked to the application of a procedure arising from the sanctioning power for environmental administrative infractions from the legal framework. the doctrine and jurisprudence of the Constitutional Court. It was concluded that although the principles of Criminal Law are applicable, they must be interpreted and applied based on the guiding principles of environmental law and the rights recognized in article 71 of the 2008 constitution. It has not been possible to delve deeper into decentralized environmental management. and on the rights of nature within the administrative sanctioning procedures in the Ecuadorian legal system in relation to the constitutive elements of the rights of respect and restoration of nature.

Bioética y Biojurídica: vías para reconciliar integralmente al ser humano.

Gilberto Alfonso Gamboa-Bernal — 2024-11-07

Although Bioethics was born in a context of biomedical research and the practice of health sciences, it was not its only course: VR. Potter proposed a global bioethics, where the environment should also be the protagonist. And if one of the tasks that Bioethics has had since its origins is to return to the practice of medicine the human component that biotechnological developments threaten to take away, Bioethics must also serve to reconcile the human being with himself, with others and with the environment of which it is a part, since it intervenes and modifies it with a negative balance for nature. Another main task of Bioethics is to contribute to recognizing the value of human life and strengthening a culture of life, which armed conflicts and economic interests seek to make disappear. To achieve these objectives, a convenient biolegal support is necessary, of which the legislative bodies are especially guarantors, who have a precise and clear responsibility to legislate in accordance with the Political Constitution of the States. It is important and essential that new generations acquire, from an early age, concepts, habits and attitudes that guarantee a wisdom of life that is reflected in everyday life, where goods, virtues and norms are articulated that guarantee human coexistence and the consolidation of societies. fair, supportive and truly free.

Neocapitalism And Resilience: The Culture Of Self-Help As A Coping And Control Mechanism

Marilyn Yadira Meneses Benítez — 2024-11-06

This article examines how the self-help culture and the resilience discourse have taken root in contemporary societies, configuring subjectivities oriented towards the figure of a resilient, individualized, self-sufficient citizen who favors the interests of neocapitalism. In response to the demands of this model, resilience strategies designed to survive a context of continuous crisis, precariousness and uncertainty emerge. First, we analyze the current landscape of neocapitalism and the demands it imposes on individuals, emphasizing the need for continuous adaptation and the pressure for individual success. Then, it explores how self-help has penetrated the culture, becoming part of common sense. Subsequently, the resilience strategies that individuals adopt to face the challenges of neocapitalism are analyzed. Finally, the article concludes with a critical reflection on the rise of these strategies and the implications of the depoliticization of well-being and the individualization of responsibility.

Constitutional Limits On The Application Of The Principle Of Non-renounceability Of Rights In Labor Matters. A Theoretical Approach

Gonzalo Javier Rodríguez Martínez — 2024-11-06

The principle of non-waivability of rights in peruvian labor jurisdictions has been the subject of intense academic debates. This study explores the interaction between non-waivability of rights and normative temporality rules concerning labor rights enshrined in the 1993 Constitution. It argues that a correct interpretation, considering the theory of accomplished facts, encourages formal employers to create jobs in the Peruvian economy. Furthermore, it examines the jurisprudential application of the non-waivability principle in labor proceedings, emphasizing Law 29497 and its impact on conciliation agreements.