Anuario de Derecho

Rigoberto González Montenegro “Teoría del Poder Constituyente, Análisis y reflexiones sobre un tema polémico” Pág 29 – 277

Dylan Hernández — 2024-11-29

The National Bar Association of Panama and his Raison D'être

Yovani E. Chavez R — 2024-11-29

The National Bar Association of Panama (CNAP) is a union entity with key importance within the national community due to its power to investigate ethical misconduct by lawyers, as well as its participation in the nomination of the judges of the Supreme Court of Justice. Since its inception this entity has enjoyed a certain degree of prestige. However, this situation changed in 1994 when the Supreme Court of Justice ruled that the obligation to belong to the CNAP was unconstitutional, which has led to the loss of interest of the country's lawyers in belonging to this union. The current situation of the CNAP is the product of de facto leadership, interest in quantity and not quality, as well as its social disconnection. Consequently, the CNAP must evaluate its approach to society and awaken the interest of all legal professionals to find its true reason for existence.

Criminal issues on the humanization of sentencing

Campo Elías Muñoz Arango — 2024-11-29

The State has the penalty as a criminal reaction against the crime, and the purposes and function of the penalty has evolved recognizing the principle of humanity and dignity of people, therefore the penalty cannot have a utilitarian and retributive nature, but rather that it must fulfill general and special prevention purposes, and more than anything, respect the dignity of the convicted person, and for this, legislation like ours has been in charge of enshrining principles, basic postulates, although for a long time, there has been a gap between the what the law and reality say, because although some policies have been established, the truth is that the serious prison situation is worrisome due to prison overcrowding

Administrative career, from a practical approach:

Antonio Ariel Rodríguez Villarreal — 2024-11-29

The Administrative Career is mandatory for all public institutions of the State and subsidized municipalities. It is applied in a supplementary manner for all institutions that are regulated by special laws or other Public Service Careers.

In the Administrative Career Law, the rights and duties of public servants in general are established, as well as the rights that public servants in the Administrative Career have, such as job stability in jobs. This job security is acquired by public servants who have been incorporated into the Administrative Career by the General Directorate of Administrative Career, either through the Ordinary Entry Procedure or “competition” (POI) or the Special Entry Procedure (PEI), provided that public servants meet the position requirements demanded by the Institutional Manual of Occupational Classes.

Through Law 9 of 1994, the Administrative Career was adopted, however, over the years, the Administrative Career Law has been modified 4 four times and due to such modifications, the Administrative Career Law lacks of a logical structural order, which causes confusion in the application and interpretation of the regulations related to the administration of human resources of public servants.

In addition to the above, new public bodies have been created within the Administrative Career system, such as the Administrative Tribunal of the Public Service, which replaces the Board of Appeals and Administrative Career.

The face of domestic violence in the investigation phase before the Public Prosecutor's Office.

Reina E. Outten Barría — 2024-11-29

Gender, in the human species, the denominations “ female” are used to refer to women and “male” to refer to men; However, it seems that, in the investigations on the criminal processes of gender and domestic violence, only the female gender exists, due to the degree of vulnerability situations in which women are exposed, added to the notorious fact that the gender approach is distorted placing women as the only person in a situation of social vulnerability when this approach should be aimed at the protection of constitutional and human rights of all persons with equal opportunities and procedural guarantees that are or will be placed in that situation.

Currently, in the investigations that are carried out in the section of the Specialized Prosecutor's Offices for Family and Youth Affairs, attached to the Public Ministry of the Attorney General's Office of the Republic of Panama, the complaints for domestic and gender violence are related to femicide and domestic violence focused only on women, due to the degree of convergence of one with the other. From this perspective, we can sustain that the majority of the complaints for gender violence are filed only by women and those for domestic violence, to a large extent, also by women, since for men there is no such degree of legal protection, because the law does not address it. In this sense, we affirm that there are no statistics that show the percentage of convictions of any man for gender violence, while for domestic violence there are, and they are very biased or partial.

Our research is a critique of the confusion of these concepts in the investigation phase before the Public Prosecutor's Office, within the criminal proceedings related to people who have a couple relationship, by reason of the marriage that unites them. In addition, we make a brief distinction of what distinguishes a complaint for domestic and gender violence with a claim of cruel treatment before the Family Jurisdiction.

Max Weber's ideal types

Vanessa Campos Alvarado — 2024-11-29

Law is a social science and as such requires its own methods of investigation. Particularly for those who are trained as legal professionals and who are taught strict compliance with legislation and its sentences, almost unquestionably, as teachers, we must be able to instill in them critical thinking, reflection and a proactive attitude that can be the hope for the birth of legislation in which justice always prevails. One of the ways to exercise this human resource in routes is through the development of Max Weber's ideal typologies, which in turn promotes the comparative method. It allows the creation of ideal models by researchers to be contrasted with the realities allowing the emergence of theories, hypotheses and proposals.

Fundamental right and legitimate interest in Civil Law

Julio Lombardo — 2024-11-29

This work contains a link between legitimate interest and fundamental right; and a perspective about the tendency to originate protectives norms in the civil law.

Publicity in the Panamanian accusatory criminal process

Oswaldo M. Fernández E — 2024-11-29

Publicity in the adversarial criminal process is a fundamental principle that guarantees transparency and justice in the system. This principle establishes that trials should be accessible to the general public, allowing citizens to observe and evaluate the development of judicial proceedings. Publicity not only ensures that the process is fair and equitable, but also helps to maintain public confidence in the criminal justice system.

In the adversarial criminal process, publicity manifests itself in several ways. One of the most important is the opening of hearings to the public and the media, with exceptions justified for reasons of security or protection of the privacy of the parties involved. In addition, the resolutions and sentences must be published so that everyone can know the judicial decisions and the grounds on which they are based. This promotes the accountability of judges and prosecutors, and deters potential abuses of power. However, it must be balanced with other rights and principles, such as the right to privacy and the presumption of innocence. In some cases, it may be necessary to limit publicity to protect victims or witnesses, or to avoid bias against the accused. This balance is crucial to ensure that the judicial system is both transparent and fair, protecting the rights of all involved while maintaining integrity and trust in the criminal process-any issue of secrecy or secrecy works against transparency and credibility.

The principle of speciality as a limit in the criminal law

Alberto H. González Herrera — 2024-11-29

The criminal law in democratic State of law protect legal assets. In Panama the law is the product of the National congress. Prosecutors and judges guarantee the rule of law.

Convention MARPOL and its relevance to maritime traffic

Oziel De Gracia — 2024-11-29

Through this article we seek to explain what the “MARPOL” agreement is, due to its abbreviation which means MARINE POLLUTION, it is a very important agreement in international maritime transport and the maritime law, this agreement deals with the prevention of pollution from ships.

Personal data. A critique of the interpretation (Freedom vs. manipulation)

Angel Gabriel Contreras Filiciotto — 2024-11-29

This essay seeks to provide the reader with a snapshot of the current context of personal data where we find ourselves with innumerable paradoxes when considering their illegal or legal use according to the political context of the moment and not due to actions as such. That is why I have given myself the task of providing the reader with an essay written from common sense where we find situations of great importance that have gone unnoticed and other similar ones that have been judged in the harshest way based on a clear subjective preference and not objective, where Human Rights seem to not exist.

Protection of Panama's mining investments and natural resources under domestic law

Wilfredo A Gómez Muñoz — 2024-11-29

Mining activity has currently come to play a leading role in the economies of Latin America and especially in our country, due to multiple factors linked to the evolution and development of technologies and the changes that affect the mining system production.

This investigative analysis has the purpose of demonstrating on the one hand; that our legal system that regulates mining activity in Panama requires updating, which is why foreign investments and concessions for mining exploitation will be carried out without major legal obstacles, gaining more and more force in a compulsive manner, due to the few barriers or laws that should more rigorously regulate such investments.

Before entering into the analysis, directly to the activities and procedures that such mining activity requires, we will try in a very general way to explain what mining activity has been like in Panama, from the emergence of the new republic from 1903 to our days. We will expose the behavior of the transnational, the investments in Panama, the causes that led to the declaration by our local courts, the unconstitutionality of the law contracts and the violations committed by the concessionaire company, regarding our internal law and the scope of international law as a legal instrument in defense of investments in our territory.

The Legal relationship developed in the midst of the financial agreements reached by the parties, regarding the extraction of gold and silver in the Donoso mine and the consequences that such declarations of unconstitutionality may entail vs. the security of the capital invested in our territory are tasks that are presented to Panama. These challenges predict for our legislation a compromise that will have to be overcome, without a doubt, in international courts.

What would be the role it would play in the International Center for Settlement of Investment Disputes (ICSID). In the event that the parties involved agree to resolve the differences arising from said contract within the International Center for Settlement of Investment Disputes (ICSID), what would be the outcome in the event of a possible ruling in these courts with respect to our legislation? From the perspective of internal law and the interests of the Republic of Panama.

Liability for Damages Caused by Things in Panamanian Law

Lidia Mercado — 2024-11-29

This paper contains an analysis of tort liability arising from the “fact of things”, examining liability for movable and immovable things that are used, exploited, or used in the context of industrialization or created risk society. This publication examines the special situations the Panamanian Civil Code regulates regarding damages caused by «certain» things.

Legal guardianship to the adoption of the child, girl and adolescent, as a family institution in Panama

Boris Alexis Corcho Díaz — 2024-11-29

Adoption is legally analyzed in its social, cultural, religious and political implications, providing a position on reality in public policies, rights and constitutional guarantees in Panama, the rules of the Political Constitution of the Republic of Panama are specified, the Law No. 46 of July 17, 2013 General Adoptions of the Republic of Panama, the Family Code Law No. 3 of May 17, 1994, among others that regulate the adoption of children and adolescents (NNA ), the position on the best interests of the child, and the right to have a family (heterosexual and biologically stable, through judicial procedures including family placement); in order to analyze the various effects that said family legal institution (adoption) entails in children and adolescents when they are adopted by individuals individually or jointly.

The Constituent Process

Rodrigo De La Cruz Luna — 2024-11-29

In the quest to strengthen democracy and consolidate a solid and participatory political system, the conformation and execution of a constituent process in Panama is a highly relevant issue.

This article seeks to contribute to the academic and political debate on the constituent process by providing a comprehensive analysis based on international experience.

The methodology of legal research in the new Code of Civil Procedure in the light of the probative procedure of disclosure (Discovery).

Nelson Carreyó — 2024-11-29

In this paper, the Research Methodoflogy is linked to Procedural Law through the examination of the Disclosure or Discovery Proceeding as a method to allow the resolution of conflicts of a civil nature more effectively from the evidentiary angle. The origin of the institute is examined and some guidance is offered on the different instruments reflected in the Civil Procedure Code created by Law 402 of October 9, 2023 and which will come into force on 2025, repealing Book II of the Judicial Code. The study of the institute addressed in this work, together with others such as the definitive enthronement of orality in the civil process and the Preliminary Hearing, require a detailed analysis to ensure that the progress obtained with its use achieves the proposed objectives of procedural efficiency and economy. resulting in justice in line with modernization and scientificity.

The nullity action as a procedural vehicle for the control of the legality of administrative acts affecting individuals

Félix Humberto Paz Moreno — 2024-11-29

Theoretically, the Nullity Action is a procedural institution intended solely and exclusively for the questioning of general administrative acts whose search is the objective control of legality, however it is important to indicate that said popular action can also be proposed against administrative acts individuals as an alternative to the Full Jurisdiction Action when the latter cannot be exercised by the person.

Damage to the life project as damage to the person

David Ellister Zamora-Smith — 2024-11-29

The purpose of this work is to provide conceptual precision regarding the damage to the life project and its essential characteristics. In this way we could try comprehensive reparation based on previously established parameters in the face of a damage that is -conceptually- autonomous but that still remains in the shadow of moral damage, despite enjoying solid bases as part of the damage to the person.

Throughout our essay we make special mention of the work of the Peruvian jurist Carlos Fernández Sessarego, who, in order to develop a just law, conducted various studies related to harm to the person, adopting various reflections from Italian law, devoting part of his life to demonstrating in our Latin American legal system the possibility of recognizing the damage to the project of life.

Mediation and Conciliation in the Panamanian Criminal Process

Luis G. Peñalba R — 2024-11-29

This study investigates the feasibility and effectiveness of mediation and conciliation within the Accusatory Penal System in Panama. It is approached through a theoretical-practical approach that analyzes the background of the criminal system, the guiding principles that guide it and the procedural stages that comprise it. In addition, the regulatory framework that regulates mediation and conciliation in the Panamanian criminal sphere is examined. Through a methodology that includes surveys and data analysis, the perception and experience of the system's actors regarding these practices is evaluated. The results reveal the importance of strengthening and promoting conciliation and medication as an alternative method to resolve criminal conflicts, highlighting its potential to speed up judicial processes, reduce the burden on the courts and promote a more participatory and restorative justice.

Artificial intelligence and digital (IA) and digital evidence in Criminal Proceedings.

Plinio Hernández — 2024-11-29

This article analyzes how Artificial Intelligence (IA) is transforming criminal processes in the analysis and processing of digital evidence, using patterns that could go unnoticed by humans, through algorithms trained to detect suspicious and/or criminal activities.

The use of AI in the management of digital evidence must of course be managed respecting human and ethical rights; guaranteeing transparency in the criminal process, prohibiting discriminatory biases, privacy and helping the judge in the evaluation of evidence.

The blank criminal rules, a look at environmental crimes

María Mercedes Alverola Delgado — 2024-11-29

This research was initiated to provide a simplified understanding of the importance of blank penal norms and how they have been accepted as legislation on the matter has progressed. Environmental law is the main area that refers to complementary legislation.

From this research, it is observed that the Supreme Court of Justice has addressed this issue, emphasizing that such norms do not contradict the principle of legality, as long as they are clear and not subject to confusion.

In this context, a ruling was found in which the blank penal norm was applied in environmental matters. This case affected the community of the Peninsula Azuero at the time, resulting in a sanction for the crime Against the Environment, as stipulated in Article 399 of the Penal Code.

Timeline in Criminology

Carmen Rosa Robles — 2024-11-29

This article, from an academic context, reviews a sequence of events over time, in relation to the morphology of Criminology, its background and historical references as a useful didactic contribution for the teaching of General Criminology (Criminology I), highlighting in a clear and simple way, some important aspects of this science, oriented towards the construction of a solid base for research in criminology, allowing the future lawyer to better understand the evolution of this discipline and its relationship with other fields of knowledge.

Editorial

Arelys Eliana Ureña Castillo — 2024-11-29