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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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Challenges of promoting human rights in the field of memory in Brazil: analysis of the jurisprudence of the inter-american court Tavares, Celma
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.v14i1.418

Abstract

In post-dictatorial contexts, such as the Brazilian, the way to make the collective right to know the past makes the difference between the preservation of memory and truth or the choice of oblivion. Thus, it is essential to understand that memory policies are not only related to the past but also to the present and the future as they play a key role in democratization consolidation processes. The purpose of this article is to analyze the jurisprudence of the Inter-American Court in relation to Brazil in the field of memory and truth. To this end, a qualitative approach and content analysis have been used. The Sentences of the case of Gomez Lund and others vs Brazil 2010 and the case of Herzog and others vs. Brazil 2018 make it necessary to investigate and punish serious human rights violations. In fact, both cases concern crimes against humanity, impossible to amnesty and imprescriptible. In addition, the Court states in its case law jurisprudence that the right to memory and truth falls within the framework of the right to access to justice. The Brazilian state has the obligation to comply with both judgments and the duty to carry out the control of conventionality between its internal rules and the American Convention of Human Rights, especially after the attempted coup in 2023.
"Birth of the (bio)police": what can Foucault teach us about the police? Cozza Sayão, Sandro; da Silva Lira, João Jânio; Cavalcanti da Silva, Marcio Roberto
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.v14i1.419

Abstract

This paper investigates the concept of police in the political writings of the French philosopher Michel Foucault. Considering in particular his work Security, territory, population (1977-1978), we intend to analyze the thesis that modern governmentality enabled the formation of "political technologies of individuals", on whose foundation the control of territory and population are connected. By passing the readings of Discipline and punish (1975), which reduces the police to the image of vigil and punishment, and encompassing the ideas developed in Foucault's biopolitical program, the concept of police gains new contours and depth when considered within a history of governmentality. In this sense, here the concept of police will be appreciated as the "means" through which the generalization of bios through biopolitics was promoted. The sustained hypothesis is that the archaeogenealogical foundations through which the police came to be established in modernity allowed us to think of the police beyond the vigilant and punitive image, but as a mechanism subject to biopower, thus allowing us to define them as (bio)police. Thus, this research shows Foucault's in-depth reflections on the birth of the modern police and its relationship with biopolitics, proposing a new reading in the concept of policy inside Foucauldian thinking. In the meantime, the concept of the (bio)police is defined to account for the "treatise on the police" developed by Foucault in addition to the work Discipline and punish.
The center of reference and assistance to women as an articulator of the network for the fight against violence against women: an empirical study of CRAM Tia Alice (Petrópolis/RJ) Justen Gomes, Thais; Nunez Nascimento Lopes Salles, Denise Mercedes
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.v14i1.421

Abstract

The Maria da Penha Law (Law No. 11,340/06), a legislative milestone in the fight against domestic violence against women, is a public policy that connects to other policies aimed at combating gender-based violence, such as the National Plans for Policies for Women, the National Policy to Combat Violence against Women, and the National Pact to Combat Violence against Women. These policies promoted the creation and strengthening of the Network to Combat Violence against Women, which includes the Women's Assistance Reference Centers (CRAM). CRAM plays a fundamental role in providing multidisciplinary care, coordinating the support network, and preventing violence. Despite their importance, CRAMs have been scarcely explored from a legal standpoint. This study aimed to analyze the relevance of CRAM in the effective implementation of the Maria da Penha Law. The specific objectives are: (a) to examine the relationship between the Maria da Penha Law and public policies to combat violence in light of Maria Paula Dallari Bucci's concepts; and (b) to analyze the coordinating role of CRAM within the Network to Combat Violence, based on a case study of CRAM Petrópolis (CRAM Tia Alice), mapping its actions, user data, and the municipal law regarding the flowchart of care for women in situations of violence. Data from CRAM Tia Alice between 2018 and 2023 were examined, and a mapping of the service's actions from 2022 to 2024 was performed.
Perceptions of public on justice: a socio-legal analysis of influencing factors Kaushal, Swati; Shrivastava, Vikalp; Sahil, Gurudev; Yadav, Pratishtha
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.v14i1.422

Abstract

Public plays a vital part in the administration of justice in a representative society. The role of public to accomplish its accountabilities is also vital for the society to function proficiently. In that sense, to build and sustain confidence of the public, it is relevant to institute congruence of the public opinion and justice administration and its workability. Many aspects are responsible for the perception of crime by the public: socio-economic dynamics; demographic aspects like race, gender, personal beliefs and attitudes; religious orientations; etc. It is also pragmatic that age shows a significant part in varying dynamics of crime and punishment for people. Older age people have been found to favor stern punishments of imprisonment, but the younger are more inclined towards reformatory initiatives. Therefore, policy makers should focus on ameliorating the wrongdoer than putting them behind prison as they are also a member of the society. In other words, they must be rehabilitated by vigorous reformatory processes of the system to reintegrate with the public and to avoid recidivism, which will confirm law and order and prevent future crimes. The paper attempts to analyze and understand various aspects which affect the equilibrium of crime and punishment and its perceptions by the public; regarding this, various aspects that contribute to frame public perception are media, political influence, socio-economic disparities, gender-based perception, attitude of police and cultural narratives; these are all explored. Finally, the paper concludes with suggestions for the improvement of public opinion.
Public policies in Ecuador and the struggle against sexual harassment Espinoza Velasteguí, Nereyda Estefanía; Ruscheinsky, Aloisio
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.v14i1.423

Abstract

This research addresses a critical gap by exploring how legislative advancements on sexual harassment in Ecuador can be interpreted as mechanisms of social solidarity and promoters of gender equity. The objective is to develop a theoretical framework based on four key dimensions: contextualization of sexual harassment, relevance of its consequences, demystification of stereotypes, and creation of instruments for cultural and social advocacy. The methodology includes a normative analysis that maps Ecuadorian legislation's progress in addressing this social phenomenon, the implementation of policies and protocols as prevention tools, and a rigorous literature review incorporating empirical data to highlight the social issue in Ecuador. The findings emphasize the need to strengthen access to justice, raise societal awareness, and address gaps in the enforcement of laws. We conclude that law creation is a fundamental part of the social process to mitigate this phenomenon. Despite weaknesses in the judicial system, the criminalization of sexual harassment and the establishment of reporting mechanisms contribute to reducing violence against women. The article's implications underscore the crucial role of laws in transforming social relations and promoting sustainable gender equity within the Ecuadorian context.
The principle of exceptionality in Canada's, Brazil's and Costa Rica's juvenile pre-trial detention Brant, Gabriela; Soares Dallemole, Deborah; Motta Costa, Ana Paula
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.v14i1.424

Abstract

This research analyzes the institute of socio-educational pre-trial detention (PTD) and its relationship with the guiding principles of the Brazilian Child and Adolescent Statute (ECA), in particular, the principle of exceptionality, which characterizes this measure with the nature of ultima ratio. The hypothesis raised was that, currently, there is an expansive application of the PTD beyond the legal possibilities caused by the imprecision of the legislation that governs the institute. In order to reach such an understanding, a comparative analysis was developed, whose object was the juvenile legislation of Canada and Costa Rica compared to Brazilian regulations, as these first two have a restrictive view of state power. It was observed, in the legislative field, that the Latin American legislation analyzed has a more principled nature ‒with the direct naming of such notions, but without directly including them in the material content of its norms‒, while Canada has a legislation which absorbed such precepts in its articles, increasing the requirements for the determination of PDT and restricting the space for discretionary action by judges. In conclusion, it was found that there is a maintenance of the guardianship logic in the Brazilian legislation with the understanding that incarceration solves the problems (often of a social nature) related to the commitment of criminal infractions. Therefore, it is understood that the way in which the principle of exceptionality was incorporated into Brazilian legislation allows for spaces of judicial discretion and application of the restriction of freedom prior to the sentence in a broader way.
Law vs. reality: a comparative analysis of environmental performance and constitutions in South America Ulloa, César; Palomeque-Rodríguez, Horacio; Zambonino, Heleana
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.v14i1.425

Abstract

The study of the environment has gained relevance in various disciplines and approaches, especially in the last 20 years due to natural phenomena of global impact such as climate variations. The objective of this article is to determine whether the laws passed in 10 South American countries with respect to the environment have improved living conditions. To this end, the constitutions of these countries were analyzed and contrasted with their environmental performance as measured by the Environmental Performance Index (EPI) for the year 2022. The research shows how governments have incorporated measures in favor of a healthy environment as a right to a dignified life and have even deepened the doctrine by considering nature as a subject of rights, however, the results are not always along these lines. Currently, several rankings can be consulted to establish the place occupied by countries in environmental matters. In this sense, the discussion proposed here opens the door to a broader research agenda that will make it possible to contrast these preliminary results in the future.
Luis De Valdivia's Ideas and Activity in Defence of the Indigenous Population: a Legal Perspective Centenera Sánchez-Seco, Fernando
Ius Humani. Jornal do direito v. 14 n. 2 (2025): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v14i2.358

Abstract

Luis de Valdivia's ideas and activity in defence of the indigenous population have been studied over the years in fields ranging from history to politics, anthropology, linguistics or ethics. Far fewer scholars have examined them from a legal perspective. This paper takes this latter approach, focusing on the period spanning from the turn of the 17th century until the early 1620s. Specifically, it looks at several manifestations of the Jesuit's legacy in the following areas: the jusnaturalist foundation of the indigenous population's freedom, the correspondence with the positive law that prescribed it, criticism of the regulations establishing slavery, the publication and implementation of the regulations concerning the Defensive War, the denunciation of breaches of those regulations, and the lawmaking process behind various provisions.
Bases for a New Maritime Delimitation for Panama in The Caribbean Sea and The Pacific Ocean Chávez Rodríguez, Yovani Edgar
Ius Humani. Jornal do direito v. 14 n. 2 (2025): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v14i2.359

Abstract

The Exclusive Economic Zone (EEZ) represents a delimited maritime space in which States exercise sovereignty based on certain rights and duties established in the 1982 United Nations Convention on the Law of the Sea (UNCLOS). However, Panama's EEZ remains in an irregular situation, as it does not cover 200 nautical miles and lacks direct access to the high seas, despite the fact that the Panama Canal constitutes an international access route for all nations. From this perspective, this article analyzes the need to guarantee Panama direct access to the high seas, as well as the problematic interpretations of countries regarding their EEZs and the underlying role of the past military occupation of Panama by the United States of America. Similarly, it analyzes the role of colonialist reminiscences and the connotations of the current legal framework. Finally, it presents a proposal for a new EEZ in the Caribbean Sea and the Pacific Ocean, as well as the respective course of action before the International Court of Justice to achieve this objective in the event that negotiations fail. Therefore, Panama must base its claims on the principle of equal rights among nations, the right of access to the high seas, and the security of the Panama Canal. Although the decisions issued by the International Court of Justice may have repercussions for Colombia, Costa Rica, and Nicaragua, Panama deserves to be taken into account in the concert of nations.
The Rejection of The Reverse Racism Thesis by the Superior Court of Justice in Brazil: Protection of Historically Discriminated Groups de Freitas Oliveira, Flaviana; dos Santos Costa, Juliana; Klein, Ana María
Ius Humani. Jornal do direito v. 14 n. 2 (2025): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v14i2.427

Abstract

This article critically analyzes the thesis of reverse racism considering structural racism in Brazil, highlighting the importance of its rejection by the Superior Court of Justice (STJ) in a unanimous ruling issued in 2025. The research, of a qualitative nature and based on bibliographic and documentary sources, offers a historical contextualization of racism in Brazil, dismantles the myth of racial democracy, and examines how necropolitics and social labeling affect the lives of Black populations. Within this framework, it discusses the rise of extreme conservatism, which supported by denialist discourses, has popularized the unfounded notion of reverse racism as a tool to delegitimize anti-racist struggles and to reinforce narratives that place historically privileged groups in a position of apparent vulnerability. The STJ ruling, by rejecting the reverse racism thesis, affirms that racism is a structural and historical phenomenon targeting marginalized groups, and that Brazil's anti-racist criminal laws, including the classification of racial injury as a crime, do not apply to situations in which white individuals claim to be victims of discrimination based on skin color. This stance underscores the impossibility of equating deeply unequal conditions and emphasizes that historically privileged groups cannot be treated as minorities. The decision, aligned with international human rights treaties, sets a key precedent by reaffirming that anti-discrimination laws must be interpreted through the historical context of racial exclusion and the constitutional duty to protect marginalized populations.

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