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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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Investigation of criminal offenses committed under martial law: forensic and procedural aspects Korniyenko, Mykhaylo; Dubivka, Iryna; Nikitenko, Viktor; Myrovska, Anna
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.v14i2.428

Abstract

The article examines the forensic and procedural aspects of the investigation of criminal offenses committed under martial law. In that sense, particular attention is paid to the transformation of law enforcement practice and the adaptation of the criminal procedural legislation of Ukraine to new security challenges; the issues of admissibility of evidence in national and international jurisdictions are analyzed, in particular in the context of interaction with the International Criminal Court (ICC); the advisability of making amendments to the Criminal Procedure Code (CPC) of Ukraine in terms of detailing international cooperation in the investigation of war crimes, improving the procedure for clarifying the rights of participants in the criminal process during individual investigative (search) actions is indicated, based on the experience of the functioning of individual legal systems in international conflicts; the emphasis is placed on the need to harmonize the criminal procedural legislation of Ukraine with the provisions of international humanitarian law and improving the mechanisms of interdepartmental and international investigative cooperation; and the need for legal regulation of the use of modern digital and analytical tools in forensics is substantiated, which also requires increasing technical awareness, acquiring new skills in working with analytical methods and products, and establishing constant close cooperation with other entities of documentation and investigation. The results of the study have practical significance for increasing the efficiency of the investigation of crimes committed during the armed conflict, while ensuring compliance with human rights and the principles of the rule of law.
Environmental Rights and Rights of Nature: A Comparative Analysis between the Constitutions of Brazil (1988) and Ecuador (2008) Viana da Silva, Marcos Vinicius; de Freitas Pereira, Lorena Victória; da Rosa, Victória de Oliveira
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.v14i2.429

Abstract

This study conducts a comparative analysis of environmental rights and the rights of nature as established in the Constitutions of Brazil (1988) and Ecuador (2008). The research, based on a qualitative approach, highlights how each country has incorporated ecological principles into its legal frameworks, reflecting distinct historical, cultural, and political contexts. In Brazil, the 1988 Constitution enshrines the right to an ecologically balanced environment, emphasizing the protection of natural resources and the promotion of sustainable development. This approach, centered on environmental protection for human benefit, has been implemented through a robust legal framework that, however, faces challenges related to institutional fragmentation, conflicts of interest, and difficulties in enforcement across a country of continental dimensions. In contrast, Ecuador adopted an innovative perspective by recognizing nature as a subject of rights, granting it legal personhood and emphasizing an ecocentric vision that integrates Indigenous knowledge and traditional practices. While conceptually advanced, this innovation also encounters practical obstacles in reconciling economic development with ecosystem protection. Comparative analysis reveals convergences in the pursuit of sustainability and environmental protection, as well as divergences in implementation and governance strategies. This study highlights the importance of integrated policies and intersectoral collaboration to overcome environmental challenges, thereby promoting an effective balance between economic development and ecological preservation.
Combating and preventing criminal offenses against the environment in Ukraine Marko, Sergii; Bondar, Volodymyr; Humenyuk, Mykhailo; Pavluk, Oleksandr
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.v14i2.430

Abstract

The article analyzes the current state and main directions of combating criminal offenses against the environment in Ukraine with an emphasis on legal mechanisms for information and analytical support. Therefore, the need to harmonize national practice with international standards of environmental safety and law enforcement is substantiated. It is determined that effective counteraction to such offenses requires a developed regulatory and legal framework for collecting, processing, systematizing and analyzing environmentally significant information. Likewise, the role of analytical intelligence and search as tools for predicting criminal activity and developing preventive measures is revealed. The relevance of legal regulation of the creation and functioning of specialized data banks, legal procedures for interaction between subjects of counteraction and the use of analytical activity results within criminal proceedings is emphasized. Moreover, the need for regulatory support for assessing the reliability of information used to identify and document environmental offenses is outlined. In that sense, special attention is paid to the implementation of innovative information technologies (IT) solutions and Geographic Information System (GIS) technologies as a legitimate means of environmental monitoring and recording criminal activity. Emphasis is placed on the importance of legal consolidation of algorithms for the use of unmanned aerial vehicles, thermal imaging control, and video recording of offenses. According to this, it is determined that the use of such technologies has not only evidentiary, but also preventive significance in the field of environmental protection. The conclusion is made about the need for a comprehensive approach, which includes regulatory, technical, and personnel support for analytical activities. The article contains proposals for improving the legal mechanism to prevent, detect, and investigate environmental crimes in Ukraine.
The Functional Relationship Between The Constitutional State and the Aims of Education in the Digital Society Guimarães, Diego Fernandes; de Araújo Borges, María Creusa
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.v14i2.431

Abstract

The aim of this article is to analyses the functional relationship between the purposes of education and the constitutional state in an increasingly digitalized society. Empirical data reveals the social restructuring promoted by the growing use of digital technologies which, in addition to promoting changes in cultural patterns, has infected the basis of the constitutional state, in particular the overestimation of pluralism and human dignity as an anthropological-cultural fundament. However, given the functional relationship between the aims of education and the constitutional state, in the case of Brazil, the 1988 Federal Constitution contains the antidotes to these pathologies, which consist of the normative framework provided by the aims of education set out in art. 205, which are opened to continuous recontextualization, including in a less analogue and more digital scenario.
Public participation in legislative process during the state of emergency in Vietnam Thi My, Hanh Dang; Nguyen, Minh Tuan
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.v14i2.432

Abstract

This research attempts to comprehensively analyze the role and requirements of people's participation in the legislative process during Vietnam's state of emergency. Using conventional, trusted legal research methods, most notably desk review of legislation and case law analysis, this research affirms that, during a state of emergency, procedures involving public participation cannot follow the usual process. However, a pandemic must never be used as an excuse to erode democratic principles, and only when citizens actively take part in regular circumstances will they have the motivation to engage during emergencies. With Vietnam, many legal documents were issued by executive agencies instead of the National Assembly. Therefore, although the timely issuance of policies and laws was ensured during the pandemic, the principles of the legislative process were not fully upheld or implemented, leading to many debates regarding the legality of the documents issued during this period. In that sense, this research focuses on analyzing the current legal system and several typical cases of law enforcement in Vietnam and other countries to identify the legal gap and propose solutions to improve the legal framework on this issue in Vietnam.
Evaluation of law enforcement capabilities in safeguarding cultural property during armed conflicts Farzullayeva Elkhan, Afet
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.v14i2.434

Abstract

The problem of protecting cultural heritage in hostilities is highly relevant, as demonstrated by the example of the Karabakh conflict. The primary purpose of the proposed work is to assess the effectiveness of law enforcement agencies' use of international and national legal norms and mechanisms for documentation, and to identify the main difficulties encountered along this path. The realization of the proposed goal involves using the PRISMA (Preferred Reporting Items for Systematic Reviews and Meta-Analyses) method, which makes it possible to analyze scientific sources and literature on the proposed issues. Likewise, the scientific methods of content analysis and comparison enable the processing of the collected sources and the highlighting of the most critical findings of other scholars. The results indicate that the conflict in Karabakh has undoubtedly threatened the local cultural environment. In the same way, the findings of this study contribute to the literature by providing a comprehensive assessment of the capacity of law enforcement agencies to protect cultural property. In that sense, the information obtained may serve as the basis for forming specific legal claims for compensation for the damage caused. This study addresses the existing gaps by defining the legal mechanisms for regulating the protection of cultural heritage and identifying the primary challenges in preserving it. Therefore, it was found that the limited resources available for conducting investigative actions lead to a lack of opportunities for organizing the restitution of cultural values. Finally, the conclusions note that an important aspect is that the history of Karabakh is overly politicised, which also does not contribute to the preservation of the region's cultural heritage.
Economic, social, cultural and environmental rights and transitional justice: a cultural analysis of law perspective on the case of the Plan de Sánchez Massacre Cardoso Campos, Bárbara Pincowsca; García Arboleda, Juan Felipe
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.v14i2.436

Abstract

This article explores the intersection between economic, social, cultural, and environmental rights (ESCR) and transitional justice (TJ) in the Inter-American system, using the Plan de Sánchez Massacre v. Guatemala (2004) case as a pivotal moment in the emergence of this legal doctrine. The ruling issued by the Inter-American Court of Human Rights (IACtHR) not only acknowledged the gravity of the human rights violations committed by state security forces but also set a precedent for expanding reparations beyond traditional civil and political rights. By incorporating ESCR considerations, the court strengthened the link between TJ and structural inequalities, particularly regarding historically marginalized groups like the Maya indigenous people. Framed within Paul W. Kahn's cultural analysis of law (CAL), this study argues that Plan de Sánchez case represents a natal judgment in the legal doctrine of ESCR and TJ, emphasizing how the categories and legal narratives used by the Inter-American judges shape and give meaning to the legal culture surrounding justice, state responsibility, and reparations. By articulating the connection between ESCR and TJ, this article highlights the potential for a more holistic legal culture within the Inter-American system, one that not only provides redress for past atrocities but also fosters long-term social transformation through rights-based reparations.
Reformulations and Terminological Representations in Javier Hervada's Philosophy of Law Mora Altamirano, Eduardo
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.v14i2.437

Abstract

The article aims to propose a series of redefinitions of Hervadian theory of justice and law. It does not imply modifications that affect its essence, but rather ways of formulating or terminology. To this end, six elements of Hervadian theory of justice and law are presented, trying to be faithful to the author studied, and then introducing certain variations or additional elements that could represent a small modification, or an expansion, development or projection of Javier Hervada's original theory. Methodologically, it starts from an exposition of the doctrine of the Spanish author in each thematic point discussed, to at some point address those reformulations or terminological variations.
Intersections between democracy, efficiency, public policies, and social justice in structural litigation: a legal study Hogemann, Edna Raquel
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.v14i2.438

Abstract

The article explores the intersections between democracy, administrative efficiency, public policies, and social justice in the context of structural litigation. These judicial demands seek solutions for violations of fundamental rights that impact collectives, representing significant challenges for the judiciary and public administration. Therefore, by analyzing practical examples in Brazil, such as public civil actions aimed at restructuring health and education systems, the study discusses the role of judicial intervention in promoting social justice; it highlights how these interventions can correct structural inequalities and ensure fundamental rights while respecting the autonomy of public managers. The approach emphasizes the need to balance the effectiveness of judicial decisions with democratic sustainability, promoting inclusive public policies without compromising governance. In this context, the article underscores the importance of institutional dialogue between the powers and civil society, aiming to implement efficient solutions aligned with constitutional principles. Thus, it contributes to the strengthening of democracy and the realization of social justice in a scenario of complex collective demands.
Autonomy in fertility: a personalist analysis of sexual and reproductive rights from a historical-bioethical perspective Bustamante-Barahona, Pía Poulett; Fuentes-Valdebenito, Nicolás Matías
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.v14i2.439

Abstract

Fertility has historically been understood as a reality imbued with symbolic, spiritual, and social meaning. However, the rise of contemporary reproductive biotechnologies, together with the consolidation of a stance of radical and absolute autonomy in the field of sexual and reproductive rights, has transformed how human fertility is conceived and addressed. This article offers a historical and bioethical review, tracing conceptions from a sacred view of fertility to its current instrumentalization and clinical reduction. On this basis, it argues that the principle of autonomy-when interpreted through an individualistic and technicized lens-tends to detach fertility from embodiment and relationality, even though these are constitutive of its very nature. In response, a critique is proposed from the perspective of personalist bioethics, emphasizing the need to reintegrate the bodily and relational dimensions of the person into any ethical deliberation concerning fertility. The article concludes by proposing a holistic, co-responsible understanding of fertility, situated as a constitutive aspect of the person that calls for care, and not grounded solely in decisions based on individual autonomy or confined to the exclusive sphere of women's experience.

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