Glob Of Mucus Ovulation

The "politiquerización" Acts of the Constitutional Court

Peruvian Constitutional Court

It's no news that the Constitutional Court plays a very important political role in a legal system, even more than the judicial function that holds (on request, not essence). This political role is linked to the portion of state power exercised by, for example, by acting negative legislator of unconstitutionality, and, in some way, to the way members are elected. It is an undeniable fact that there will be a strong politicization responsible for this choice (either the head of state or parliament), but that it should not be confused at all, to seek to obtain a benefit or to a particular group.

Unfortunately, this is not understood in our country, let alone in the game (unfortunately) of government. Indeed, on Friday, May 21 Rep. Mulder said the 36 votes available to the ruling party will not participate in any election for judges of the Constitutional Court, as neither of the two candidates seeking to be elected to the charges Gotelli and judges Landa Arroyo Vergara (talk about Carlos Ramos Nunez and Oscar Urviola) satisfy political interests. Besides, "said Mulder," await until the judge leaves office Mesía Ramirez later this year, so that the ruling Nominate your own candidate for the TC. That is his "political strategy."

What to say about this incredible honesty, almost abutting the nerve? Surely something quite familiar: the APRA rules for partners and best interest of the party, not caring little that the TC, today, is completely discredited and the public screaming for qualified judges. Is that too much to ask? For if this decision depends on the political class now entrenched officials ten or fifteen years ago in his seat, with the prestige on the floor but voters still-because truth itself is a tall order, perhaps too much.

So Mulder is not incumbent that the TC continue to issue statements poorly motivated, or ruling on such sensitive issues with a surprising ignorance and irresponsibility (the case of tariff on cement and are only two tests PUCP of it.) Is only concerned that the officer can choose a candidate who represents their political interests ( rectius: that favors them) but this time I will be faithful and loyal, not judges who were nominated, supported and elected and in return had to meet with your order supporter, but finished them unlimited power to seduce. This is the reason why there is not a "politicization" of the TC, which necessarily exists, but a despicable politiquerización. "

The truth is that this situation does nothing but prolong the mediocrity and corruption worse, makes you lose hope TC see a really competent and responsible.

Average Boobs Size Countrie Compare

new second-degree

New facts

Some thoughts-quite imperfect, of course, new facts on second-degree according to our Code of Civil Procedure. As soon as I release my thesis, quisera a little more research on this topic. For now, here is my little article.

Open publication - Free publishing - More new

Building Cheap Sets For Film

Evo Morales announced that Judge Baltasar Garzón advise Bolivia

President Bolivian President Evo Morales met ³ with the judge espaà ± ol Baltasar Garza ³ n (ABI) Madrid, SPAIN, May 19 (ABI) .- Bolivian President Evo Morales announced on Wednesday that the English judge, Baltasar Garzon, with who met in the English capital, will advise the Government on judicial reform in his country driving. After a private meeting of more than 40 minutes, Morales said Garzón "gladly accepted" to meet with lawyers of "trust" to convey his judicial experience, for Bolivia to implement "radical change in democracy." He I personally requested an interview with the English magistrate, which is known worldwide as a great defender of democracy, justice and human rights. "is famous, respected and well known", he justified the Bolivian president who said at the meeting found that Garzón's solidarity with the poor. Morales, who attended in Madrid to the European Union summit with Latin America, had said before the meeting with Garzon "admiration" to the judge and had regretted that so far had no opportunity to "shake hands" . Speaking to reporters, said Morales was scheduled to meet with Judge Garzon "to express the solidarity of the people against the pressures that have been subjected by the mere fact of opening investigations into the disappeared during the Franco regime in Spain." admires said Garzon, through whose research revealed all acts committed by the dictatorship of Gen. Augusto Pinochet in Chile, which became an important precedent for other countries to initiate investigations that plagued the military command the region since the mid-70's. "Garzón is a great personality not only European or English, but worldwide," he said, stressing solidarity and receives the facts concerning the result of a counter-offensive of the English right. The judge, who achieved fame as the architect of the arrest of Chilean dictator Augusto Pinochet, was provisionally suspended last week for their roles in an alleged case of corruption in its jurisdiction to investigate the crimes of the Franco regime. Red Central / rsl ABI ABI. Copyright 1998-2010.

Greek Yogurt Healthiest

Myths and dogmas in civil proceedings

formal res judicata, res judicata

Some critics around the Cas . N º 3132-2008-Puno, issued by the Civil Chamber Transitional (the sentence is in the newsletter of Cassation El Peruano February 1, 2010). This document will be published in the Law Review editorial of Peru, No. 111.

The Myth of the "distinction" between formal and material TRIED EVERYTHING

Procedural Law today is still a prisoner of certain theories and classifications at the time were proposed, endorsed and accepted, until they came to be assumed, after many years, without a trace uncritical. In these situations, children can be referred myths almost divine in origin (either product of a great lawyer or an ideology), their commission over time and, consequently, the full acceptance by students of the years or centuries later. This is what happens, for example, with the still existing difference between formal jeopardy and res judicata.

few months ago, as part of a process of annulment of fraudulent res judicata ( rectius: civil fraud judicial review) Transitional Civil Chamber of Supreme Court decided a case using the distinction between formal and material jeopardy. Without prejudice to the other reasons for dismissing the appeal, the Board concluded that the contested decision to demand (an order that covers a plea of \u200b\u200blimitation) "formal res judicata therefore does not amount to a final decision because the applicant can reframe latent demand, being susceptible of contradiction and possible changes in other process, and this because it has not extinguished the right, but only action. " In other words can not demand the annulment of a final order which upheld a plea of \u200b\u200blimitation because it only takes formal jeopardy and, therefore, the applicant may NCJF process begins again the process he lost.

This statement is the clearest example of how dogma can be taken to its ultimate consequences. As is known, the formulation of the distinction is this: a formal statement when it becomes res judicata can not be attacked in the process, exhaustion of remedies provided under this (irrecurribilidad) on the contrary, acquire res judicata when I have achieved definitive, that is, when you get the unchangeable in the rule of law in the sentence, is in the process where it had issued as to any other (court, state court no, no state, etc..) with the exception of the civilian review process (the genus to which belongs the NCJF ).

With the things, we see that the "true" res judicata, ie, the immutability which is the source of prestige and existence of jurisdiction is res judicata. What formal jeopardy? Then it becomes a "double jeopardy" limited, inadequate, severed, only capable of providing stability intraproceso perspective. What good is a "double jeopardy" that only involves a depletion of recursive challenge, if that matters is the finality of the legal status enshrined in the statement? Therefore, this figure is no different from the effects, which is inherent in the final (let us call it, without adjectives). But this does not imply any limitation period, but reflects the maximum protection that the law will Presented to an act of power. So it is correct that res judicata is a category closer to politics than the legal.

But the problem is not that the Board Transitional Civil unaware of the futility of the distinction between formal and material jeopardy. That's almost a story when what led to his reasoning was to give a totally ineffective procedural protection. According to this Court, the demand for NCJF is inadmissible because the applicant can start the process again lost by prescription and win. But hey, what happens if the prescription is clear again? According to the reasoning of the Board could re-start the process because the resolution that ended it only takes formal res judicata, and so the vicious circle would continue. Is this the answer that the highest organ of administration of justice should be given?

It is a great mistake to say that the firm imposed on an order granting an exception of prescription only radiate in the same process that issued (this is the premise of the thing formal trial.) Leaving aside the fact that a decision on the requirement implies, in fact, address the merits, that decision becomes res judicata to the point of allowing the deduction of a double jeopardy if returned to start the same process. Then the poor litigant, heeding the advice of Supreme Court - forfeit the process again, but this time not by prescription, but by res judicata. And unless we now, in honor of the legal myths, you want to distinguish a formal jeopardy and a plea of \u200b\u200bres judicata, we conclude that this time, the Civil Chamber resolvió times.

Stranne Table Lamp Spare Bulbs

A courtyard flooded, abandoned a career and a not so distant future

is the news of the moment, is what everyone talks about, is what social networking is flooding like a pelopincho water is boring and scattered in a courtyard with stagnant grids falling leaves in autumn. In these cases, eventually forms a puddle and leaves, the sun, they begin to decay emitting that foul smell that only nature can offer. Everyone talks about Mauricio Macri was prosecuted by Oyarbide in the case of the eavesdropping, which includes several new members of the Metropolitan Police and gave him the image of old-and-bloody-hounds-away-from -other-forces-and-mud-to-the-neck to this new police force, rather than the image hygienic and Buenos Aires neighborhood that the Government wanted to highlight.

The slogan of the moment

His nomination as a candidate would be drowned in that pool bubbling rot if it did not seem to have found a way to unclog the drain and because we approach the winter with little sun and heat to begin the process of decomposition.

other words, this blow to the image of Macri could have some effect if it happened next year, but if the cause does not go to higher authorities may well be forgotten people by October 2011. As to uncover the grid so that water drains out, it seems that one way to find Macri is the classical solution is, first, denying things, and second, to blame Kirchner, supported by the association that exists between the ruling and the judge Oyarbide. This type of solution would have no interest if not paid attention to how the other active members of the opposition. Most, in this case, seems to have reached out. They put her in the water with a bit of Asquith and were taking some leaves slugs. But of course, is impossible to help without getting wet pants, or at least the shoes. Why would Macri out to support a cause that seems pretty firm? Still do not know if it's worth really close ranks in a new indictment verbal sympathy to the government to add anti-K and stick to a person who defends those who tap the phones of people, or if it is holding her hand, see what happens and maintain some dignity. Anyway, Macri eventually have to go to them to have any electoral chance.

seems that the other potential candidates are not clear what approach to take and that is why the statements are all full of "buts" and reserves. Carrio said the facts "existed and were even recognized by the macrismo" but Oyarbide "is not a reliable judge." Sanz said he does not contest this fact originates in the appointment of people who should not have appointed Macri. But the most important is that the government is behind the prosecution. The judge is functional to Kirchner. " Duhalde said: "I do not know deeply the cause. But this mistrust. I smell that behind everything is a scam. "Clearly, the punchinball is Oyarbide and none wants to show support so open to Macri. But does it matter what everyone says especially when Clarin titled The Opposition leaders also believe it to be a K and sets the signals volanta head of government support ? No, because almost no one reads beyond the headlines. The nation, at once, put on the cover : Strong support for the opposition Macri. If two of the newspapers with more circulation and reach across the country titled and there is not much explanation can be given.

Now, something completely different: a race lost by default. Reutemann, pilot car in his youth, seems to have decided not to pursue a career in which his motor was going to be irremediblemente cast. The presidency is a trophy would probably not rise ever. Not matter and if indeed he said it was pulling out or it was a rumor in a tea in Chiche Duhalde. With so many comings and goings, this last assertion did not bury all their chances. It is totally inconceivable that appears now and say yes you are applying. It would be like trying to lift a cow premium with a plastic scoop to make castles. So we have our first debugging la línea de candidatos, reduciendo la cantidad de posibilidades y, según creo, dejándole a Duhalde el camino un poco más libre para presentarse como el Gran Unificador. Un escenario de pesadilla que seguramente se estará preparando para una presentación en el flamante restaurado Teatro Colón. Por supuesto, este escenario hay que armarlo afuera porque la sección de producción propia en los sótanos del Colón fue desmantelada en esta honorable y primermundista refacción, para dar lugar a una confitería y otras amenidades que al parecer son totalmente necesarias.

  Reutemann sin chances. De Narváez todavía colombiano. No sign of Carrio.

But this is already raving. Where is the objectivity of a good journalist? I have to remain calm if I want to be respected in a community of peers. Should I make a cold calculation, which I lower the temperature. Perhaps for the cold I have to get in the heads of politicians rather than a journalist. A thought, in this sense, round my head: given the law apparently unbreakable force that remains in power for no more than two periods, it is not unreasonable that somewhere in the bed of the K strain the idea of \u200b\u200bpassing this election, give them to the UCR to have to renounce the 3rd year and as heroes, returned to power for 8 years. Like chess players, but the next move, it's good to think in the next post movimentos. An analogy that I find dull, like all related to chess, cards and boards, but in this case, it seems correct. A good think official policy in 2011, it already was. The goals now are 2015 and 2019.