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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 235 Documents
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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.
Punitive Populism in Ecuador: At What Stage of the Iter Criminis Is the Principle of Minimum Intervention Infringed? Silva Guamushig, Bryan Steven
Ius Humani. Jornal do direito Vol. 15 N.º 1 (2026): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v15i1.455

Abstract

In the Ecuadorian context, the symbolic instrumentalization of criminal law, driven by social and media pressures, poses a significant risk of infringing the principle of minimum intervention, a cornerstone of the ius puniendi. Only conducts that actually harm or concretely endanger a legally protected interest should be punishable; otherwise, there is a risk of arbitrary expansion of state punitive power. This article analyzes, from the perspective of criminal law dogmatics and through a qualitative-explanatory approach, the stages of the iter criminis, examining the limits of penal intervention at each phase of the criminal path by applying the deductive-analytical method. Using a methodological case study, the paper concludes that punishing internal phases (ideation, deliberation, and resolution) is disproportionate, while sanctioning acts in the intermediate phase (proposition and conspiracy) may lead to illegitimate state intervention that disregards the subsidiary character of criminal law as ultima ratio.
From the Fountain Pen to Artificial Intelligence: Ethics, Law, and the Transformation of Legal Practice in Colombia Daza Aroca, Reinel Andres
Ius Humani. Jornal do direito Vol. 15 N.º 1 (2026): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v15i1.456

Abstract

The practice of law in Colombia has undergone a profound transformation, shifting from methods centered on physical case files and manual work to environments increasingly mediated by digital technologies. This article reflects on that evolution through the metaphor “from the fountain pen to artificial intelligence,” examining how information technologies—and especially artificial intelligence (AI)—have redefined the professional and ethical dynamics of legal practice in the country. First, it reviews traditional legal practice, marked by the centrality of paper, handwritten drafting, and the lawyer’s role as the primary producer of legal texts. It then analyzes the transition toward digitalization, driven by the adoption of computers, databases, and judicial management systems. This shift accelerated during the Covid-19 pandemic, which made virtual proceedings a requirement for hearings and administrative procedures, revealing both the potential of these tools to ensure continuity of judicial services and the persistent inequalities in connectivity and, consequently, in access to digital justice. Second, the article examines the emergence of AI in the legal field, evident in document automation, jurisprudential analysis, and algorithmic legal assistance. Although these applications offer greater efficiency, they also introduce risks associated with bias, errors, and hallucinations produced by AI systems. Finally, it concludes that technological transition does not imply replacing the human dimension with the digital but rather reconfiguring the profession. The legal field now faces the challenge of integrating innovation, ethics, and critical judgment, guiding the use of AI toward the protection of rights and a more equitable system of justice.
Gender Perspective in International Environmental Law About Access to Drinking Water Minaverry, Clara María; Cáceres, Verónica Lucía
Ius Humani. Jornal do direito Vol. 15 N.º 1 (2026): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v15i1.457

Abstract

This paper focuses on the incorporation of a gender perspective in international environmental law, specifically in relation to the human right of access to safe drinking water. Using a qualitative approach and through a documentary analysis of environmental instruments elaborated by international organizations, the study examined the existing legal advances and gaps regarding the principles of equality and intersectionality. The results of the paper show that, although the international community has progressively recognized the centrality of water as a human right, the gender dimension remains marginal. It is therefore concluded that the effective incorporation of this perspective is essential to ensure equity, sustainability, and the fulfillment of international commitments regarding human rights and the environment, which is also crossed by the reality of climate change.
Prior Consultation in Sarayaku (Ecuador): Criminal Implications and Restorative Justice in Integral Reparation Maldonado Erazo, Ximena Elizabeth; Santillán Montenegro, Leslie Fernanda
Ius Humani. Jornal do direito Vol. 15 N.º 1 (2026): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v15i1.458

Abstract

This research analyzed the right to prior, free, and informed consultation of the Kichwa people of Sarayaku, based on the judgment issued by the Inter-American Court of Human Rights in the case Sarayaku v. Ecuador. The objective was to examine the scope of the Inter-American standard on prior consultation and its application within the Ecuadorian legal system, through a comparative analysis of the rights of Indigenous peoples and communities recognized in the 1978 Constitution, codified in 1993 and reformed in 1996, as well as in the 1998 and 2008 Constitutions. The study adopted a qualitative approach, grounded in a documentary review of the national and international legal framework and Inter-American jurisprudence concerning participation rights, Indigenous collective rights, and the rights of nature in the context of the exploitation of non-renewable natural resources. The findings revealed that, despite the formal recognition of prior consultation within the Ecuadorian constitutional system, significant challenges persist in its effective implementation in Indigenous territories affected by extractive activities. Additionally, the analysis incorporated a criminal law perspective to assess the legal implications of damage to Indigenous territory and the environment as collective legal interests, as well as the comprehensive reparation measures ordered by the Inter-American Court from a restorative justice perspective. It was concluded that the effectiveness of prior consultation remains limited in practice and in the materialization of comprehensive reparation measures for affected communities.
Reason, Law, and the Common Good: Foundations of the Philosophy of Law in Saint Thomas Aquinas and Its Relevance in Contemporary Legal Thought Fattah Jedlres, Javier Ignacio
Ius Humani. Jornal do direito Vol. 15 N.º 1 (2026): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v15i1.459

Abstract

This article analyzes the foundations of the philosophy of law in the thought of Saint Thomas Aquinas, with the aim of presenting its central concepts and evaluating their relevance in light of the challenges of contemporary legal thought. Through a hermeneutic and analytical methodology, the four essential elements of the Thomistic definition of law are examined: rationality, orientation toward the common good, legitimate authority, and finally promulgation, as well as the normative hierarchy that articulates eternal law, natural law, and human law. The notion of law as ipsa res iusta is also analyzed, along with the distinction between natural law, the law of nations, and positive law, and the role of the common good as a criterion of legal legitimacy. The article concludes that Thomism does not constitute an anachronistic philosophical system, but rather a tradition of thought capable of offering responses to the problems posed by legal positivism, normative relativism, and the tensions between power and justice that characterize contemporary legal reflection.
Transparency and Access to Public Information: Impact of the LOTAIP on Social Control and Institutional Trust Idrobo Flores, María Fernanda; Salazar Salvador, Lucas Mateo; Ochoa Ordoñez, Boris Raúl
Ius Humani. Jornal do direito Vol. 15 N.º 1 (2026): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v15i1.460

Abstract

This article addresses transparency and access to public information, focusing primarily on the impact of the Organic Law on Transparency and Access to Public Information (LOTAIP) on social oversight and institutional trust. Transparency and access to public information are fundamental pillars of contemporary democratic systems, facilitating social oversight and strengthening citizen trust in state institutions. In Ecuador, the LOTAIP serves as the main regulatory instrument for guaranteeing these rights and promoting open and accountable public management. This article analyzes the impact of the LOTAIP on the exercise of social oversight and the building of institutional trust, examining its regulatory scope, implementation mechanisms, and the main challenges it faces in practice. Using an analytical-descriptive approach, the article reviews the evolution of the legal framework, the obligation of proactive disclosure by public entities, and the role of citizens as active subjects of the right of access to information. It reflects on the tensions between the formal recognition of the right and its real effectiveness, considering institutional, cultural and administrative factors that affect its fulfillment.

Page 23 of 24 | Total Record : 235

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