MLS Law and International Politics

Credits

2024-12-04T10:27:44+00:00

Credits Vol 3 Issue 2 (2024)

Existential minimum and reserve of the possible: considerations on jurisdictional control of public policies in post-1988 Constitution, Brazil

2024-12-17T08:01:50+00:00

In the face of omissions involving the thorough fulfillment of positive rights, consistent with the State's failure to comply with the 'existential minimum', the Brazilian Judiciary has taken an increasingly proactive role. This paper aims to analyze, within the scope of the legal doctrine and jurisprudence, aspects related to the manifestation of judicial activism in the context of judicial control of public policies in Brazil. The relevance of this study rests on the fact that such proactive stance has been a notable feature in the post-1988 Constitutional period by means of the ‘Claim of Non-Compliance with a Fundamental Precept’ (ADPF, in portuguese) number 45/Federal District (DF), which recognized the possibility of formulating and implementing public policies through the Judiciary's determination on exceptional grounds. The research was bibliographical and documental in nature, with a qualitative approach. The results show the existence of disparate views on the prominence of the Court, frequently based on the democratic and separation of power principles and on the urgency in the fulfillment of positive rights.

The decriminalization of sentimental abortion in the Peruvian penal code 2024 due to violation of fundamental rights of women

2024-12-17T08:20:55+00:00

In Peru, women who were sexually violated, and want to have a normal abortion, are prevented by the Peruvian state, charging it as a sentimental abortion, which generates a violation of their fundamental rights. The main objective of this research is to analyze the need for the decriminalization of sentimental abortion in Peru. The quantitative-descriptive method was used, with a cross-sectional and exploratory non-experimental design. The population is made up of 40 lawyers specializing in criminal law from the Judicial Branch of the judicial district of Lambayeque, the sampling was by convenience and the sample was made up of 12 lawyers specializing in Criminal Law. The type of research was: descriptive. The data collection technique was the questionnaire and the survey. And the instruments used were reference sheets, textual and paraphrasing. Regarding the results, it was possible to verify that the criminal type of sentimental abortion can be decriminalized because, according to those surveyed, it transgresses the fundamental rights of the pregnant woman, as the doctrine also mentions the principle of proportionality, which allows more weight to be given to the defense of the rights of the sexually violated woman than that of the conceived. In conclusion, the Peruvian state should speak out and enunciate the law that decriminalizes the criminal type of abortion in the Peruvian penal code, that is, that it be decriminalized from the Peruvian penal code in its article 120, paragraph 1. This type of abortion being thus legal by practicing, and prevents more women victims of sexual abuse from seeing their personal and family development frustrated.

State of the art of right to protest or manifestation

2024-12-04T10:27:47+00:00

The state of the art of the right to demonstrate is presented, taking into consideration the international system, the subsystems of protection of human rights and the protection of fundamental rights established in national law, the general objective is: to know the state of the art of the protection of the right to protest with peaceful demonstration in defense of democracy, for this purpose the thesis, antithesis, and synthesis of the dialectical method are used qualitatively, international entities and by region are sought that protect human rights, in particular, the right to protest or peaceful demonstration is selected, thus, resulting in the existence of international entities that protect human rights and the human right to protest, with exceptions of countries that limit it through internal regulation, situation based on the principle of non-intervention. The right to demonstrate or protest is supported by international instruments signed by the international actors that make up the human rights protection system. In conclusion, the protection of human rights is carried out through the universal system, the regional systems for the protection of human rights that sanction states that disrespect the right to protest or peaceful demonstration, it is established in law. fundamental in a state in which the division of government powers is effective.

Analysis of laws and decrees as legal pathways to guarantee the rights of indigenous and afro-descendant communities in Honduras: current problems and challenges

2024-12-04T10:27:47+00:00

This article analyzes and compares Honduran laws and decrees that protect the rights of Indigenous and Afro-descendant communities. The aim of the research is to assess the strengths and weaknesses of the current legal framework and the obstacles to its effective implementation. A qualitative approach was used, and a comprehensive analysis of the relevant laws and decrees was conducted. Additionally, semi-structured interviews and questionnaires were administered to representatives of the affected communities and human rights experts. The sample consisted of thirty participants for the questionnaires and fifteen for the interviews. Thematic coding and comparative analysis were used to analyze the data. The results reveal a significant disparity between policy formulation and effective execution. Despite the substantial progress made by new laws, significant issues remain, such as the lack of institutional coordination and the inadequate allocation of resources, which limit the effectiveness of the policies. The research concludes that, despite advances in the legal framework, the effectiveness of the laws depends on more rigorous enforcement and greater inclusion of the affected communities in the implementation process. To improve the protection of these communities' rights, the study highlights the need for institutional reforms, active community participation, and sustained international commitment.

Unveiling dependency: A critical look at Angola’s Central Bank autonomy

2025-01-10T13:31:38+00:00

The aforementioned study takes an approach linked to the National Bank of Angola, on the topic of autonomy and dependence of the Central Bank of Angola, highlighting its objective of examining the relationship between the international reserves of the Central Bank of Angola (CBIR) and the ratio of GDP and the economic growth rate, by carrying out an extensive time series analysis from 1990 to 2023. The study aims to identify the short-term linkages and long-term equilibrium dynamics in Angola's economic landscape, focusing on understanding of the complex dynamics of these variables. The results show strong short-term correlations between the CBIR, the GDP ratio and the economic growth rate, suggesting possible adjustment processes and interactions between these variables. Furthermore, analysis of long-run equilibrium relationships reveals strong correlations between the GDP and CBIR relationship, indicating a noteworthy and affirmative relationship and its relationship with macroeconomic performance has been concentrated in the emerging markets of Asia and Latin America, as well as in the main industrialized nations. The correlation study highlights the complexity of Angola's economic dynamics, revealing only small connections between variables. These revelations have important ramifications for academics and politicians who want to support Angola's sustainable economic development.

Inflation and recession: an economic political history and the Peruvian GDP 1950-2022

2024-12-17T08:37:22+00:00

This article has an analysis and information on Historical Economic Policy, and its causal relationship with inflation and its effect on the recession of the 80's and 2020, and all this result is reflected in the statistical graphs with data from the INEI, and in the table Comparative, this Explanatory Research of a Non-Experimental Type of Study and under the Historical Logical Method, all this is supported by theory of authors, and statistics provided by the INEI, as well as information from the years 1950-2022, which is seen reflected in the GDP of Peru. All of this allows us to counteract and compare how economic policies became similar and how political culture is still maintained. Inflation and Recession brought with it expenses and debts of the state, and dragging unemployment, lack of investment, inequality, adjustments and even not collecting taxes, this is how through the graphic analysis of the GDP it is observed that it is not the first time that the country goes through inflation and a recession, and likewise the bad political decisions continue to be repeated, the economic political reforms as they were in the 90's and now in 2023; That is why the analysis of the Political Economic History of the country, and the warning that the country is repeating the same bad decisions that were made in those years of crisis.