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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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The judge as an indirect victim in criminal proceedings and their possible impediment to adjudicate: an analysis of Impediment Claim No. 165 of the Federal Supreme Cort of Brazil e Silva Neta, Elenita Araújo
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.v14i2.440

Abstract

Recently, in Brazil, there has been constant questioning as to whether Justice Alexandre de Moraes, as a judge, could act in Petition No. 12 100, which is being processed before the Supreme Federal Court (STF). This case involves the possible crimes committed by former President Jair Bolsonaro and his colleagues in relation to an attempted coup d'état in 2022. In this context, the question covered in the article is the following: is it possible for the judge, as an indirect victim of a crime, to judge the case, or would he be prevented from doing so according to article 252, paragraph IV, of the Code of Criminal Procedure (CCP)? The objective of the article is to examine whether the judge, as an indirect victim, becomes directly interested in the resolution of the case or becomes a party to it, which would prevent him from judging it. To prepare the article, the deductive method and qualitative research were used, as well as some references from the main scholars who address the topic, such as Nucci (2014), Ferrajoli (2002) and Campos (2024).
Institutionalization of Dispute Boards as an Alternative Conflict Resolution Mechanism in Ecuador Encalada Carrera, Gissella Michelle
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.v14i2.441

Abstract

This study focuses on presenting a comprehensive approach to Dispute Boards to understand the fundamental generalities and analyze several practical cases that have transcended, English-speaking borders and have become successful benchmarks in the application of this mechanism. This provides us with a more diverse international perspective for understanding its effectiveness in different contexts. In Latin America and in Spanish-speaking countries, the literature on this topic is limited, requiring research to strengthen its understanding to expand the bibliography and subsequently develop regulations. Therefore, this research is conducted to expand knowledge regarding an alternative justice resolution mechanism to traditional justice, which can be applied in projects that involve diverse areas and the participation of numerous stakeholders. An approach has been developed regarding Dispute Boards in Ecuador, with a regulatory breakdown and the presentation of two projects that are paradigmatic in the use of this ADR. This review will provide a better understanding of how this MASC has been managed to date in Ecuador and will assess whether the necessary tools exist for a possible future expansion of this MASC in regulatory frameworks.
Justice 4.0 Centers and effectiveness of judicial service delivery: access to justice and procedural efficiency in Brazil Vitor Bezerra, Eudes; Rabelo França, Alexsandro José; Caldas Fiquene Barbosa, José Aristóbulo
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.v14i2.442

Abstract

Digital technologies have triggered significant transformations in the contemporary world and, in Brazil, have also impacted the judicial sector, which faces challenges such as case overload and judicial delay. In response, the Conselho Nacional de Justiça (CNJ) launched the Justice 4.0 Program and the Justice 4.0 Centers, aiming to modernize the judicial system through the digitalization and decentralization of judicial services, in alignment with the notion of the Democratic Rule of Law, in which access to justice is regarded as a fundamental right to be realized. This article aims to examine the Justice 4.0 Centers and their influence on judicial service delivery, particularly regarding access to justice and procedural speed. That way, it explores how innovations based on information and communication technologies (ICTs) contribute to the modernization of the judiciary and the creation of new conflict resolution mechanisms, also examining the structure and functioning of the Justice 4.0 Centers. The applied methodology is qualitative, based on a bibliographic review of doctrinal sources, legislation, and official CNJ documents published between 2020 and 2024, employing document analysis and literature review. The study concludes by discussing the challenges and limitations of the Justice 4.0 Centers, including issues related to territorial jurisdiction and the need for continuous training of judges and court staff, in addition to technical and cultural obstacles that must be overcome in order to achieve the program's objectives, ensuring that the justice system is inclusive and efficient and reflecting a commitment to the effectiveness of human rights through participatory and adaptive processes.
Neutralization Techniques: the Role of Narratives in Criminal Thinking Guerra Castañeda, Andrés Tarsicio
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.v14i2.443

Abstract

This paper presents an epistemological proposal aimed at grounding the criminological theory known as techniques of neutralization from an interdisciplinary perspective. To this end, it draws on theories from law, criminology, philosophy, and particularly cultural psychology. The goal is to explain how narratives operate in the activation and justification of crime.
The Cosmopolitan Consideration of Human Rights in the 21st Century Garrido Gómez, María Isabel
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.v14i2.444

Abstract

This paper begins by clarifying the diverse terminology of human rights and their different meanings, which have emotionally charged effects, with a plurality of opinions and moral codes. Furthermore, it is noted that rights constitute the substantive version of democracy, with a problem of the functioning of democracies, without forgetting the question of the possibilities of technical and political implementation. It analyses the connection with human dignity, an ethical minimum that must be observed and serves as a basis for affirming the universality of human rights, and the relationship between human rights and public ethics, focusing on the moral, legal, and social spheres. From this perspective, it aims to study the universality of human rights at the present time, presenting real problems in their operationalization. The final reflection leads us to affirm that cosmopolitanism must gradually take the place of national citizenship, signifying the connection of universality with diversity.

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