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INDONESIA
Ius Humani. Law Journal
Published by Universidad de Los Hemisferios
ISSN : 1390440X     EISSN : 13907794     DOI : -
Core Subject : Humanities, Art, Social,
Arts Humanities Law, Crime, Criminology & Criminal Justice
Ius Humani Law Journal is a platform (iushumani.org) open to researchers around the world. It contains articles in all languages, where writers publish original studies on persons rights (natural, human or constitutional) and about the effective procedures for the protection of rights. The studies are viewed both form the philosophical perspective and the perspective of the fundamental juridical principles. Ius Humani’s purpose is the diffusion of knowledge, and the promotion of debate on different juridical perspectives.
Arjuna Subject : -
Articles 225 Documents
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Historical, Legal And Social Analysis Of Mandatory Class Attendance At The Bolivian Public University Richard, Enrique; Maillard Bauer, Pedro
Ius Humani. Jornal do direito v. 13 n. 2 (2024): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v13i2.370

Abstract

Compulsory attendance at theoretical classes (AOCT) was abolished in most of the public universities in Latin America as a result of the University Reform of 1918. The idea was that good teachers had full classrooms and mediocre teachers the same, evidencing their condition. In recent decades, Bolivia gradually implemented the AOCT again. Here the degree of legitimacy and legality of the AOCT in the public universities of Bolivia is analyzed. The historical background of the issue, national legislation and human right were studied. Surveys were conducted with university teachers. We conclude that the AOCT has questionable overtones of legality and shades of coercion, extortion and intimidation. The instituted norms of AOCT are contrary to laws of a higher order and to the reformist principles themselves. They lack legitimacy since they violate the epistemological principles of the 1918 Reform. The AOCT violates the principles of democracy, equity, inclusion, right to work and quality of teaching, among others.
Prior Exception To Mediation Agreement In Ecuador Galán Melo, Gabriel Santiago; Almeida, Juan Fernando
Ius Humani. Jornal do direito v. 13 n. 2 (2024): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v13i2.371

Abstract

This paper analyzes the prior exception of the existence of mediation agreement provided for all types of judicial proceedings regulated by the Código Orgánico General de Procesos -COGEP-, its procedural implication and the inconveniences it has generated in Ecuador at the time of its resolution due to its legal unspecified configuration unduly assimilated to the commitment or arbitration agreement and the interpretation made of this by the Corte Nacional de Justicia -CNJ- through Resolution No. 12-2017, which improperly treats the existence of mediation agreement as a prior non-curable exception of substantial implication. Inadequate treatment that ends up articulating -apparently- on the one hand, an unreasonable obstacle of access to justice, since, it would force the judge to inhibit himself from a legitimate cause despite the manifest current absence of cooperative willingness to mediate of those involved in the dispute; and, on the other hand, creating an irregular space of uncertainty regarding the effects that procedurally could produce such inhibition since, having to be resolved through a judgment -according to the provisions of the binding judicial criterion-, it should cause prima facie, res judicata. If this were so, it would in fact generate an unreasonable obstacle to access to justice that would be irreparable.
Multilevel Constitutionalism In Mexico In Human Rights Matters (A National Shield) Tapia Hernández, Erick Francisco
Ius Humani. Jornal do direito v. 13 n. 2 (2024): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v13i2.372

Abstract

The main objective of this research is to identify the fair dimension of Multilevel Constitutionalism in Mexico in terms of the protection of human rights; for this purpose, the deductive, inductive, dialogic and exegetical method will be used in an enunciative and non-limiting manner. We will find as a main result that the legislation in Mexico seeks to avoid the interference of supra and subnational bodies in the protection of Human Rights, to conclude after a detailed study of the above, that in Mexico there is a legal shield so that, to the extent of as far as possible, the Judicial Branch of the Federation is the one who primarily issues resolutions and criteria on human rights, without taking into consideration external opinions, which it has achieved by issuing its own criteria, which limit the competence of other national and international bodies that could resolve controversies on the matter.
The Influencer as a Political Subject: The Case of Maruri and Logan Y Logan During Guillermo Lasso's Presidential Campaign Acosta Corral, Monserrat; Sánchez Jánosik, Zsofia
Ius Humani. Jornal do direito v. 13 n. 2 (2024): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v13i2.373

Abstract

Social Networks have dictated the shift from traditional politics to present-day politics, impacting the development of political campaigns where influences have erected themselves as a relevant actor. This political subject has been mainly studied from a marketing and communication point of view leaving aside its role as subject-action in politics. Therefore, the goal of this research is to study the role of the influencer during Guillermo Lasso's 2021 presidential campaign from an analytical perspective of politics simplification. Our methodology is qualitative and interpretive in nature. We analyze the digital content created by two local influencers: Eduardo Maruri and Logan y Logan. In the first part of our analysis we characterize the influencer in the context of the political campaign. In the second part, we expose the space that the influencer occupies within the society of spectacle and immediacy. In the same way, we show the strategies that emerged from the commercialization of political content and the influencer's image. Finally, we address the function of assimilation and concretion of information in the digital content of TikTok and Instagram linked to the campaign. This investigation shows the role of the influencer as a simplifier of reality through the use of entertaining and simple media content which embed themselves in the logic of social media platforms, which they use to generate engagement with their followers, challenging their emotions and influencing their behavior and decision making.
Absence of Secondary Legislation in the Recognition of Nature as a Subject of Rights in Ecuador Macharé Pincay, Oswaldo; Alcívar Toala, Mallury Elizabeth; Andraus Quintero, Cesar Enrique
Ius Humani. Jornal do direito v. 13 n. 2 (2024): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v13i2.374

Abstract

The present study carries out a scientific review on the implementation of the rights of nature, enshrined in the Constitution of the Republic of Ecuador of 2008, a pioneering document worldwide for recognizing nature as a subject of rights. Despite this legal advance, the lack of secondary regulations has prevented its effective materialization, constituting the main objective of this research. Through a qualitative approach, the specialized doctrine and existing regulations were analyzed and synthesized, making it evident that the declaration of nature as a subject of rights is a milestone in both the national and international legal sphere. Likewise, it is highlighted that the political decision of the Ecuadorian State has been positively valued at a global level, establishing the bases for future actions focused on the care of Pachamama. The findings show the need to develop and apply secondary regulations that facilitate the practical application of these rights, ensuring the effective protection of nature.
Nature As A Subject Of Rights In The Sanctioning Procedure In The Organic Environmental Code. Ecuador Mendoza Escalante, Pablo Ricardo; Mendoza Rojas, Isabel Alejandra
Ius Humani. Jornal do direito v. 13 n. 2 (2024): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v13i2.375

Abstract

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.
The political in contemporaneity: Approaches from the psychopolitics of Byung-Chul Han. Ullauri Betancourt, Santiago Andrés; Rivas Plata, Anthony Medina; Cáceres Silva, Andrea Vanessa
Ius Humani. Jornal do direito v. 13 n. 2 (2024): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v13i2.377

Abstract

The notion of the political in the contemporary era has developed a new paradigm characterized by structured individualism under psychic control and self-exploitation. In this context, Byung-Chul Han argues that, under the neoliberal system, power no longer operates through physical discipline or external coercion, but through psychological manipulation. The individual is transformed into an " entrepreneur of the self," reducing negativity to a strictly inert framework, leading to a more subtle form of domination in which the individual internalizes the logic of performance and constant optimization. In this way, psychopolitics acts silently on the mind and emotions, fostering a self-exploitation in which personal success and productivity become imperatives. For Han, this logic not only depoliticizes the individual, but also eliminates his or her capacity for resistance, where conflict, which in classical theories of the political is essential, disappears in favor of a society that fosters individual competition and digital surveillance. In the face of this, Han explores the need to reconstruct the political, seeking spaces that revitalize political action through critical questioning.
Santos, José Antonio. (2023). Philosophy of Law for Historical Beings: On Legal Hermeneutics from a Historical Perspective. Barcelona: Atelier. Romero Castro, Diego
Ius Humani. Jornal do direito v. 13 n. 2 (2024): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v13i2.383

Abstract

The " dejudicialization" policy as a mechanism for ensuring the access to justice and the human right to housing de Vasconcelos Bezerra, João Manoel; Freire Menezes, Brenno Augusto; Rocha Cavalcanti, Ana Claudia; Miranda de Souza, Flávio Antonio
Ius Humani. Jornal do direito v. 14 n. 1 (2025): Ius Humani. Revista de Derecho: Justicia, Proceso y Derechos Humanos
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v14i1.403

Abstract

This study aims to present arguments capable of defending the possibility of using extrajudicial mechanisms to resolve possessory conflicts, in order to effectively guarantee the human right to housing, especially for marginalized populations. Throughout this research, the adoption of dejudicialization by the Court of Justice of Pernambuco in the resolution of possessory actions will be analyzed, and how this tool can function as an excellent mechanism to reduce the overload faced by the Judiciary in the instruction and processing of possessory actions. In order to achieve the main objective of this study, theoretical data obtained through bibliographic and documentary research will be presented, using qualitative methodology and the hypothetical-deductive method, reaching, in the end, the conclusion that it is necessary to rethink, review and reformulate the existing mechanisms of access to justice as a tool for the realization of human rights, especially the human right to decent housing.
Human rights and the problems of an interventionist approach: a debate between Waldron and Raz Borges Machado, Ayrton
Ius Humani. Jornal do direito v. 14 n. 1 (2025): Ius Humani. Revista de Derecho: Justicia, Proceso y Derechos Humanos
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v14i1.405

Abstract

This article analyzes how the consideration of harsh realities in describing human rights practices can undermine both their suitability and the normativity of a human rights theory. The main argument is that Joseph Raz's theory, by failing to examine the content of human rights, offers a distorted account grounded in sovereign interventionism, without addressing the difficult realities associated with such interventions. For example, Raz overlooks the selectivity of sovereign interventions and the hidden interests that often motivate them. The critique of Raz's theory centers on two key issues: first, his methodological failure to incorporate real-world conditions, which results in an idealized portrayal of interventionism; and second, his disregard for the debate over the content of human rights, which is essential to establish their normative basis. This critique is developed through the human rights theory of Jeremy Waldron, who highlights the normative challenges and potential dangers of relying on interventionism to define the content of human rights. The article begins with an analysis of the methodological shortcomings in Raz's theory, continues with a critique of his interventionist stance, and concludes with Waldron's objections to Raz's approach.

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