Revista Oficial del Poder Judicial

Presentation

Jessie Liliana Trevejo Núñez — Tue, 15 Jul 2025 00:00:00 +0000

The cultural background of judges as an influence on judicial decision-making: a theoretical discussion

Santiago Basabe-Serrano, Patricia Sotomayor Valarezo — Tue, 15 Jul 2025 00:00:00 +0000

This paper reviews how judges’ values, attitudes, and culture influence their judicial decisions by exploring the origins and current trends in judicial behavior studies. It highlights significant empirical contributions and underscores the importance of a multidisciplinary approach to thoroughly analyze court rulings using qualitative and quantitative tools to understand the underlying rationality in judicial decision-making.

owards a new paradigm of civil liability for autonomous vehicles: proposal for a dynamic legal framework based on levels of autonomy

Olga Alejandra Alcántara Francia, César Carranza Álvarez — Tue, 15 Jul 2025 00:00:00 +0000

The emergence of autonomous vehicles presents unprecedented challenges for civil liability law. This article proposes a new legal paradigm: a dynamic legal framework that adapts liability attribution to the various levels of vehicular autonomy. Through doctrinal, jurisprudential, and comparative analysis of international legislation, the inadequacy of current legal frameworks to address the complexity of autonomous systems is identified. The proposed framework establishes a liability categorization based on levels of autonomy, ranging from shared human-machine responsibility at lower levels to system and manufacturer liability at higher levels. It integrates principles of “ethics by design” and proposes a tiered insurance system. The framework’s validation includes application to hypothetical cases and expert evaluation, demonstrating its feasibility and adaptability to future technological developments. This innovative approach not only addresses existing legal gaps but also provides a flexible foundation for future legislative reforms. The article concludes that this dynamic framework is essential to balance technological innovation with effective legal protection, and it lays the groundwork for coherent and adaptive regulation of autonomous vehicles.

Contribution of AI to environmental sustainability governance in India and Peru: a comparative study

Kyvalya Garikapati, Jorge Isaac Torres Manrique, Rahul Goyal — Tue, 15 Jul 2025 00:00:00 +0000

Artificial Intelligence (AI) in India has the potential to play a key role in ensuring sustainability and sustainable development. AI applications can: (i) accelerate sustainable business practices and the energy transition, thereby helping reduce environmental impact; (ii) improve efficiency in the management of natural resources, such as water and fertilizers in agriculture, thus contributing to minimizing environmental impact; (iii) have a positive impact on the prediction and management of natural disasters, such as earthquakes and floods, enabling faster and more efficient responses; (iv) be used to identify and monitor endangered species, thereby supporting biodiversity conservation. In turn, AI in Peru can: (i) accelerate sustainable business practices and the energy transition, thus helping reduce environmental impact; (ii) be used for the efficient management of natural resources, such as water and fertilizers in agriculture, thereby helping minimize environmental impact; (iii) have a positive impact on sustainable mobility and the development of smart cities in Peru, thus contributing to addressing the environmental challenges we face. It is also important to highlight that AI governance has the potential to play a major role in the development of both countries, and its implementation should be accompanied by strong policies and principles that ensure its ethical and responsible use to minimize risks and harm. In this paper, the authors delve into this important issue by analyzing its impacts, advantages, disadvantages, differences, and similarities, in order to highlight the valuable lessons learned from this comparative experience. They also add to their study a perspective based on fundamental rights and interdisciplinarity.

The social function of property: A case of constitutional mutation in Peru?

Tue, 15 Jul 2025 00:00:00 +0000

The liberal State emphasized that the right to property grants the attributes of using, enjoying, and disposing of an asset. However, beginning in 1911, Léon Duguit introduced the concept of the social function of property, asserting that the owner must not only seek personal satisfaction but also contribute to the well-being of the collective.

Since its introduction, the social function of property has been incorporated into the constitutions of various states. However, the Peruvian constituent assembly of 1993 deliberately departed from this approach, and thus, Article 70 of our Constitution merely states that property shall be exercised in harmony with the common good—a provision that remains unchanged to this day. Consequently, the first objective of this research is to analyze the validity of the social function of property as a universal legal category within constitutional law.

The methodology involved reviewing two rulings by the Constitutional Court of Spain and four rulings by the United States Supreme Court concerning property. In addition, five rulings by the Peruvian Constitutional Court were examined, in which the Court interpreted Article 70 of the Constitution—beyond its semantics—as a reference to the social function of property. This interpretative effort also allowed for the study of another constitutional law institution: constitutional mutation, for which thirty-six scholarly articles were reviewed.

These findings reveal that the social function of property is present in both constitutions and court jurisprudence because it responds to a social reality. The conclusions confirm not only the validity of the concept of the social function of property, but also support the Peruvian Constitutional Court’s constitutional mutation with regard to Article 70 of the 1993 Constitution.

Multiculturalism and Indigenous Law: current state of this diversity management model with respect to indigenous peoples’ law in Mexico

Elias Angeles-Hernandez — Tue, 15 Jul 2025 00:00:00 +0000

This paper seeks to answer the question of the current state of multiculturalism in relation to Indigenous Law as a legal system in Mexico. In this context, the model of diversity management—multiculturalism—has been reflected, among other policies, in amendments to the Mexican Constitution concerning indigenous peoples and their legal systems. Despite representing progress in the recognition and treatment of cultural complexity, these amendments have not yet served as an effective channel to position, articulate, or visualize Indigenous Law as a genuine legal system. This is because the State continues to determine its scope, meaning, interpretation, and application. Therefore, given the limited outcomes in this area, it is possible to speak of a crisis of multiculturalism in this regard, since instead of addressing the reality, validity, and enforceability of Indigenous Law, it has been reduced to mere recognition. This situation compels us to consider other approaches or emerging paradigms that can respond to a context in which ethnic and cultural differences are the norm—such as interculturality.

The exclusivity of the administrative litigation process in the ordinary jurisdiction

Juan José Linares San Román — Tue, 15 Jul 2025 00:00:00 +0000

This paper focuses on questioning the use of the claim for nullity of legal acts, based on Civil Code provisions, to request the annulment of administrative acts that are grounded in administrative law. Accordingly, it reaffirms the exclusivity of the administrative litigation process, within the ordinary jurisdiction, for filing claims seeking the annulment of administrative acts issued under public law norms.

Cybercrime: challenges and difficulties for the administration of justice in Peru

Félix Andrés Alcalá Molina — Tue, 15 Jul 2025 00:00:00 +0000

Significant advances in computing, telecommunications, and the internet have driven social, economic, and political progress, leading to a paradigm shift: from common crime to cybercrime. Cybercriminal activity has expanded globally, giving rise to new forms of illicit conduct and criminal activity online. This phenomenon has spread worldwide, resulting in punishable actions in cyberspace, committed through social networks, digital media, online environments, and mobile or technological devices. Consequently, legislators have had to restructure and adopt regulatory tools to prevent such crimes. Cyberspace lacks borders and legal regulations, which gives cybercriminals an advantage due to high complexity, anonymity, lack of evidence, and procedural legislation regarding electronic evidence. Currently, the role of the Public Prosecutor faces numerous challenges in the justice system, making investigation, criminal prosecution, and the formulation of accusations more difficult. Likewise, judicial bodies play a fundamental role: the Preliminary Investigation Courts are key in controlling legality; Criminal Courts conduct oral trials; and the Superior Courts assess procedural flaws and decide whether to modify, revoke, or uphold first-instance rulings. Cybercrime represents a growing challenge due to various factors, such as the constant evolution of technology and the use of advanced tactics, including artificial intelligence and deepfakes. Cybercriminals possess great capacity to exploit digital transformation to launch cyberattacks against networks and information systems. This study aims to analyze the challenges and difficulties faced by the Peruvian justice system in addressing this type of crime.

Are we truly guilty? Critical notes on the theory of culpability in light of neuroscience

Belén Constanza González Maldonado — Tue, 15 Jul 2025 00:00:00 +0000

This article seeks, through the study of neuroscience, to reexamine the concept of culpability in criminal law and its current validity in light of new neuroscientific findings, especially those related to decision-making. It questions the justification for blame, reevaluating the theory of culpability alongside these new insights. The goal is to assess whether its application is truly justified, and if not, to consider that the current intervention of criminal blame lacks sufficient grounds. By studying the neural mechanisms underlying decision-making, the traditional notion of free will is challenged, opening new perspectives for rethinking the foundations of the criminal justice system, based on the understanding that criminal actions may not be the result of conscious intent.

The appeal without grievance in constitutional proceedings

Carlos Enrique Polanco Gutiérrez, Olga Fiorella Julia Vásquez Rebaza — Tue, 15 Jul 2025 00:00:00 +0000

The purpose of this research is to critically analyze the position adopted by the 2023 National Jurisdictional Plenary on Constitutional and Procedural Constitutional Law, which suggests that judges resolve appeals even when the procedural party has failed to present specific grievances. To this end, the dogmatic method will be used to analyze the concept of appeal, its purpose, its requirements, and the nature and significance of the grievance. Additionally, the exegetical method will be employed to engage with the various contradictory case laws regarding the requirement of the grievance. Finally, through the comparative method, the Colombian experience on the matter will be explored.

Method for the study of real rights: Curriculum with a global organic approach

Tue, 15 Jul 2025 00:00:00 +0000

The traditional study of real rights has been shaped by a unidirectional conception derived from dominium, focused on the subject-holder and object relationship. This approach, rooted in 19th-century categories, has hindered the analysis of complex contemporary legal realities. To address this shortcoming, an organic-global methodological approach is proposed—one that analyzes real rights based on the complex legal relationship, integrating its structural elements (subjective, objective, and causal). This proposal arises from the critical analysis of law school curricula from leading faculties in Spain and Mexico, where the persistence of static theoretical models was identified. Its goal is to reform legal education through a critical and organic mindset that goes beyond merely describing entitlements and instead examines interactions between ownership, propter rem duties, and erga omnes guarantees. It also seeks to foster the development of professional competencies that provide tools for resolving complex property-related situations.

The new regulation on travel authorization for minors and its negative effects on the best interests of the child

Vanessa Elizabeth Shinno Pereyra, Beatriz Franciskovic Ingunza — Tue, 15 Jul 2025 00:00:00 +0000

This paper aims to highlight the negative consequences arising from the impact on the best interests of the child due to the new regulation on notarized travel authorizations, which allows one parent to authorize travel under exceptional circumstances. These exceptional cases lack effective control parameters and include: (i) the presence of illnesses or treatments requiring medical care, supported by medical reports; (ii) when the child or adolescent must study abroad, whether for a student exchange program or a scholarship; and (iii) participation in academic or sports Olympiads. These exceptions lead to legal loopholes and pose risks of unjustified restrictions on parental authority (patria potestad), which is a right and duty shared by both parents. However, restoring or reclaiming this authority requires intervention by a specialized judge through lengthy and burdensome legal proceedings. Consequently, the main objective of this study is to assess the recent amendment to the travel authorization regulation. Secondary objectives include identifying the negative consequences of the amendment and proposing specific limits or documentation requirements to safeguard the best interests of the child. The paper concludes that this legislation produces adverse effects due to legal gaps that undermine the principle of the best interests of the child.

Unconstitutional aspects of Peruvian family law

Eduardo Antonio Reyes Castillo — Tue, 15 Jul 2025 00:00:00 +0000

This paper aimed to address seven institutions within Peruvian family law that require analysis in terms of their constitutionality and continued existence within the Peruvian legal system, particularly in civil law. The main findings of this research identified inequality in the adoption of the spouse’s surname, equal rights of parents in the registration of their children, regulation of same-sex families, protection of privacy in no-fault divorces, the identity of the child receiving alimony, freedom of property regimes in de facto unions, and equal protection of cohabiting partners in matters of disinheritance and indignity. The methodology was qualitative-descriptive, using documentary analysis, and concluded that these legal institutions violate fundamental rights due to lack of regulation, persistence without reform, or inconsistency with the principles of family law.

Evidence in criminal proceedings amid jurisprudential contradictions: illicit evidence, procedural preclusion, and evidentiary freedom

Alex Antonio Valdez Marrou — Tue, 15 Jul 2025 00:00:00 +0000

This article delves into the complex interaction between illicit evidence, procedural preclusion, and evidentiary freedom within the Peruvian legal system, through an analysis of how these facets interact and often contradict each other under the current jurisprudential framework. Beginning with the principle of contradiction, the article highlights its fundamental role in ensuring a fair and equitable trial, allowing parties to know, discuss, and challenge the evidence and arguments against them. This dynamic becomes particularly critical when illicit evidence is involved, where the right to defense may be compromised. The principle of immediacy also plays a crucial role by fostering a direct relationship between the judge and the evidence. This principle is challenged by the presence of illicit evidence, as the judge must balance the need to gain a clear view of the facts with preserving the integrity of the judicial process. Exploring the constitutional right to present evidence, the article considers how this essential right is affected by restrictions on the admissibility of illicit evidence. The tension between the right to present evidence and the exclusion of improperly obtained evidence reflects a complex balance between the search for truth and respect for procedural rights. Procedural preclusion introduces another layer of complexity by outlining specific procedural stages that may limit or enable the presentation of evidence. It examines how these temporal restrictions can impact the handling of illicit evidence, potentially affecting both the defense and the prosecution. The section on evidentiary freedom addresses the scope and limits of this freedom within the Peruvian legal framework, highlighting how it allows for a variety of forms in presenting evidence, while also being restricted by the illegality in obtaining certain pieces of evidence. Finally, the assessment of illicit evidence presents a particular challenge in balancing the right to a fair trial with the need to maintain the integrity of the process. The article discusses the implications of using illicit evidence and highlights cases and jurisprudential decisions that illustrate these tensions. This comprehensive analysis not only exposes the contradictions and challenges present in Peruvian jurisprudence but also underscores the need for a balanced legal framework that respects fundamental rights and upholds the integrity of the judicial process.

Automated justice? A study on the interdisciplinarity between artificial intelligence and law in the administration of justice and recommendations for its development and regulation

Alex David Bedregal Aguilar — Tue, 15 Jul 2025 00:00:00 +0000

The purpose of this research is to systematize the progress made in the interdisciplinary interaction between law in the administration of justice and artificial intelligence, in order to establish guidelines for its study, legal development, and regulation. First, the concept of artificial intelligence will be defined, along with its scope and the concerns raised by its incorporation into the legal field. Subsequently, the advances resulting from the synergy between legal science and computer science will be examined, highlighting their impact on the administration of justice. Finally, methodological guidelines for addressing this interdisciplinarity will be outlined, aiming for proper structuring and legal framing.