Revista Facultad de Jurisprudencia

Pontificia Universidad Católica del Ecuador
Fecha publicación:

Últimos documentos

  • Editorial
  • Agradecimiento y presentación
  • Settlements v. Judgements: A Prospect Theory Analysis

    When the Rational Choice model reveals itself insufficient to explain why parties in judicialized Labor disputes in the Provincia de Buenos Aires prefer to settle over waiting for a final decision, the Prospect Theory provides a sound explanation: as Labor Law and Procedural Rules become applicable, they produce a visible cost-shift to the employer, so parties expect judges to decide in favor of the workers. In this scenario, the employer’s perception of what is to be considered a cost and a benefit become altered, incentivizing her risk-aversion and leading her to bargain settlements that she wouldn’t even consider otherwise.

  • Market Failures and Economic Regulation

    A country’s economic dream is to build ideal markets where suppliers and demanders honestly and efficiently meet their needs with fair and balanced prices. However, in reality, these types of markets are almost nil, since, with the existence of Information asymmetries, the perspective changes and from ideal markets, it changes to markets with failures, since when there are gaps in data, figures, and others, the participants in these markets do not synchronize with their parts. Consequently, there is no perfection in their transactions, and therefore, their activity and performance would not reach the most convenient standards in the commercialization of their goods or services since their decisions will not be the most optimal. With market failures, the State, through its control bodies, creates market rules and applies regulatory norms to appeal to any type of failure committed in the market.

  • Thoughts about Stare Decisis: The Peruvian experience

    This research is a miscellaneous reflection on the "Stare Decisis" and "Certiorari" principles. It is assumed that courts are activists of law and, therefore, are also creators of law. This entails a frank and open discussion on what is the true objective of a justice system: the judge’s pursuit of Justice versus the positioning of dynamic efficiency and sustainability as the main and decisive variables. The different aspects addressed by the article are presented openly and do not imply - per se - the closure of a debate that should be considered relevant and current. On the contrary, the ideas in the article lead to rethinking the scope of Law, understood instrumentally, i.e., as a tool for development and greater equity, and to approach desirable scenarios of social justice.

  • Incertidumbre: Uma revisão conceitual

    Risco não é bom nem ruim. No entanto, o que a inteligência humana faz em cenários incertos é o que transforma este fenômeno em uma oportunidade para as empresas e para a economia. As seguradoras, por exemplo, gerenciam esquemas, elementos e classes de riscos que permitem que este seja seu eixo de negócios, sendo um dos negócios mais rentáveis. Sem dúvida, rejeitamos a incerteza culturalmente e por natureza humana porque são eventos que não conhecemos, mas na realidade, o desenvolvimento do direito econômico nos permite compreendê-la de forma promissora. Este artigo é um olhar inovador sobre a compreensão do risco e seus elementos. Compreender a interação entre eventos ambientais nos níveis macro e microeconômico é parte do entendimento de que o risco é apenas uma característica inata de todos os mercados, especialmente em todos os cenários de vida.

  • Property Rights, Entrepreneurship and Public Policy: A Review from Classical Liberalism

    This research describes how Market Ecology constitutes the basis for understanding and implementing efficient and innovative actions for the Conservation of Natural Resources. Basically, through this article, it will be understood that the ideas of freedom, the market, and a public policy that promotes the entrepreneurial function, are the basis for protecting, managing, and caring for those beautiful spaces, full of life and nature, that we appreciate so much.

  • Punitive damages for the non-property damage derived from the crime of corruption: Constitutional and efficient?

    This research analyzes the constitutionality and economic justification of the use of punitive damages for the sanction of the supposed non-patrimonial damage in favor of the State in the cases of crimes of corruption. The authors conclude that punitive damages have many problems that result in their unconstitutionality and inefficiency, especially when it is derived from a criminal proceeding.

  • Analysis of the imposition of fines in case of reluctance to comply with administrative orders in Colombia: The case of sanctions against Uber Colombia

    Article 90 of Law 1437 of 2011 provides a mechanism for the forced execution of administrative orders consisting of the imposition of financial fines for the reluctance of a private party to comply with such orders. Although Colombian law does not provide a specific procedure for the application of the article, this article suggests that four conditions must be met: (i) preexistence of a final administrative act that imposes a non-monetary obligation; (ii) reluctance of the person to not comply with such obligation; (iii) granting of a reasonable period to comply with the obligation, and (iv) reasonableness and proportionality of the fine to be imposed. In Colombia, the application of this rule has occurred mostly in urban planning matters, that is, in cases in which an order is issued to vacate the property or demolish a construction. In these cases, the administration imposes obligations to do. However, to date, there is only one known case in which the administration has imposed an obligation not to do, specifically against the company Uber Colombia. Thus, this article also analyzes the fulfillment of the four requirements in this specific case.

  • The distributed generation regime in Brazil: The electricity compensation system in Federal Law No. 14,300 of January 2022

    Federal Law No. 14,300, of January 6, 2022, introduced substantial changes to the Energy Compensation System (SCEE) applicable to consumers with small-sized distributed generation in Brazil until then governed by Normative Resolution No. 482, of April 17, 2022, of the National Electric Energy Agency (ANEEL). The SCEE enables consumer units participating in any of the compensation modalities to reduce the amount of energy consumed with energy injected into the distribution network. It was reformed under the new Law to update the requirements applicable to consumers to frame the categories of micro and mini distributed generators and of potential beneficiaries; the modalities of energy surplus compensation, the legal framework for energy credits, and the methodology for compensation for electricity consumed, with the creation of transition regimes for the incidence of new tariff components on compensated energy and changes in the application of the availability tariff on the consumer unit that is part of the SCEE and of the contracted demand on the consumer unit with micro or mini distributed generation.

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