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Item type:Publication, La formulación de un estándar normativo de imparcialidad que incorpore la imparcialidad objetivo-cognitiva en el ordenamiento jurídico peruano: un estudio sobre la repercusión de la jurisprudencia de los tribunales internacionales de derechos humanos(Pontificia Universidad Católica del Perú, 2023-11-28)This article is a case study on the configuration of the duty of impartiality in the jurisprudential development of human rights courts and its influence on Peruvian domestic courts. In this line of reasoning, the way in which the distinction between subjective and objective impartiality —identified with the “theory of appearances”—has been constructed is analyzed and, later, the relationship between impartiality and cognitive bias is determined. This is done with the aim of criticizing the theory of appearances and proposing the formulation of a standard in which three dimensions of the guarantee of impartiality are distinguished: subjective, objective-functional and objective-cognitive. Finally, the distinction between external and internal judicial independence is addressed, and its difference with impartiality is determined. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Garantismo y publicismo en el proceso civil: un enfoque analítico(Pontificia Universidad Católica del Perú, 2021-11-25)This essay uses an analytic methodology in order to differentiate three approaches in the classical debate between activist (publicist) and adversarial (guarantee) models in the continental tradition of civil procedural law: the historical, philosophical and institutional approach. It is showed that each one of them has different premises of discussion and also allows to reach particular consequences. We defend a proposal to distinguish between the activist model and the adversarial model from a philosophical point of view by identifying the political theory premises that are in their foundations. In the activist model, the State’s function is to be a provider for the protection of fundamental rights and, therefore, the judicial process is conceived as an instrument of the jurisdiction in order to achieve its public goals. On the other hand, in the adversarial model, the State’s function assumes an abstentionist- type in order to preserve fundamental rights and hence, far from being and nstrument of judicial power, the judicial process is conceived as a citizen’s guarantee oriented to control that very power. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Procedural agreements: a critical essay on past, present and projected legislation of Peruvian civil procedure(Marcial Pons Librero, 2021-01-01)This essay contains a diagnostic and a proposal about procedural agreements in Peruvian civil procedure. It starts with a historical approach to the origins of Peruvian Civil Procedure Code of 1993, showing that this legislation has its roots in a model in which the judge has great powers and those of the parties were clearly diminished. It follows with a hermeneutical effort to allow procedural agreements (based on the right of contractual liberty) and concludes with a brief exposition about the project of new Code on this topic.