De iustitia et lege

recension

Dylan Hernández — Thu, 31 Jul 2025 00:00:00 +0000

Origin and historical evolution of article 1653 of the Panamanian Civil Code

Gavid Díaz — Thu, 31 Jul 2025 00:00:00 +0000

The obligation is conceived today as a credit relationship or legal bond, which, although it links two people, is not physically or corporally subject to the debtor, with respect to the creditor, as it was in the origins of the obligation.

This evolutionary process is expressed and culminates when the obligation is expressed and culminates when the obligation ceased to represent a bond of a personal nature, the obligation acquiring a content of a patrimonial nature.

That is, the heritage must be made up of assets or things that have an economic value, because compliance with the obligation will be effective on it, as contemplated today in article 21 of the national constitution and article 1653 of our civil Code.

The Myths and Realities of Artificial Intelligence

Plinio Hernández Tuñón — Thu, 31 Jul 2025 00:00:00 +0000

The scientific article titled the Artificial Intelligence (AI) myth or reality, addresses the topic from an analytical perspective. The current state of AI is investigated, analyzing both its benefits and challenges. In addition, the impact of artificial intelligence in different sectors is evaluated. This study focuses on obtaining a complete and accurate view of AI, providing relevant and up-to-date information

Editorial

Vanessa Campos — Thu, 31 Jul 2025 00:00:00 +0000

Custody and Fostering in the Legal Context in Panama

Karem Benitez — Thu, 31 Jul 2025 00:00:00 +0000

Joint Custody, also known as shared custody, refers to the legal agreement in which both parents share the responsibility of caring for and raising their children after a divorce or separation of the parents. In these cases, the State assumes the obligation to guarantee the well-being of the minors. The fundamental purpose of this agreement is to ensure that the minors maintain a close and continuous relationship with both parents, despite the breakdown of the marital relationship.

The objective of this article is to carefully examine the relevant Panamanian laws to study the possibility of joint custody being admitted in the country. To do so, we will analyze the implementation process of Joint Custody in the Panamanian jurisdiction.

Jurisprudence

Vanessa Campos Alvarado — Thu, 31 Jul 2025 00:00:00 +0000

Jurisprudence or jurisprudentia is the result of two words: iuris which means law and prudentia which refers to knowledge. Knowledge of the law derived from its application. Theories are also formed that contribute to the formulation of judicial pronouncements that deal with the application of the law, which reinforces its learning.

Jurisprudence is a fundamental to substantiate judicial sentences in situations, which are submitted to the jurisdiction to resolve a controversy. It is a means to enrich the law with the contributions of judges and magistrates in the sentences that can be a means to fill legal gaps or legal defects in the current legislation.

Jurisprudence is also used as support in arguments in favor of the defense of rights as support in judicial appeals.

The judgments extracted in this article focus on the area of administrative law. Their analysis deals with the hiring conditions of public or private sector employees in the case of popularly elected positions. As a way of repairing the rule, a claim of unconstitutionality is exercised in order to correct deficiencies that create a system of inequality, avoiding legislation that violates the Constitution.

Consideraciones de la Criminología Clínica en torno a la violencia doméstica

Aida Selles De Palacios — Thu, 31 Jul 2025 00:00:00 +0000

En las sociedades contemporáneas, la violencia doméstica emerge como un problema de profundo impacto social, afectando indiscriminadamente y creando múltiples víctimas dentro de la unidad familiar. Esta forma de violencia, que abarca desde el uso de la fuerza física hasta formas más sutiles de control y coerción, plantea desafíos significativos que deben ser examinados por varias ciencias. La criminología emerge como un campo esencial para entender estas conductas antisociales, proponiendo un análisis integral que considera factores biológicos, psicológicos y sociales como determinantes de comportamientos violentos. La falta de armonía y seguridad en el seno familiar contradice su función fundamental de proporcionar cuidado y protección. Se enfatiza la necesidad de políticas criminológicas integrales que no solo castiguen, sino que también rehabilite a los victimarios, abordando las causas profundas de la violencia para lograr una disminución sostenible de este fenómeno devastador que amenaza el tejido social.

Este estudio explora las complejidades de la violencia doméstica desde un enfoque criminológico, destacando la importancia de entender tanto a los agresores como a las víctimas como partes interrelacionadas de un problema social más amplio. A través de esta perspectiva integradora, se busca no solo mitigar los efectos destructivos de la violencia, sino también promover la seguridad y el bienestar dentro de la estructura familiar, pieza fundamental del entramado social contemporáneo.

Child custody, communication, and visitation rights

María Adames — Thu, 31 Jul 2025 00:00:00 +0000

Who stays with the children after the divorce or separation of the couple currently turns out to be the continuation of an unresolved marital conflict that generates new forms of violence in families, the consequences of which primarily affect children and adolescents, considered by one by both as spoils of war. However, the situation can worsen when the filial bond with the person who does not keep the children is limited or made impossible without any valid justification or protection by law that could affect their safety.The family remains the first space for children and adolescents in human development.Hence the need to present the judicial processes of Guardianship and Parenting and Communication and Visit Regime, when an agreement between the parties is not possible with a view to safeguarding by the State, the right to live with both parents, the right to their care and good upbringing as subjects of rights that enjoy comprehensive protection and on the other hand as an attribute of the exercise of positive parenting by both parents: the father and the mother on equal terms and in attention to the best interests of the children and daughters

Dissemination and non-consensual distribution of intimate images

Virginia Arango — Thu, 31 Jul 2025 00:00:00 +0000

The author examines the problem of the non-consensual dissemination of intimate images, misnamed as Pornovenganza, a cybernetic sexual crime, by virtue of which a partner, ex-partner or third party with the intention of humiliating and causing serious harm to the victim publish and disclose these images. images of sexual content, seriously affecting privacy, the image of the person, while thereby alerting the Panamanian State about the need to criminalize this fact in our legislation.

From Procedural Sponsorship to Access to Justice

Daysi De Los Angeles Broce Aguirre — Thu, 31 Jul 2025 00:00:00 +0000

The access to justice of victims surviving crimes should be acknowledged in all courts, in strict compliance of the due legal process, applying the prevalence of the principles of the Criminal Procedural Code in favor of the actionable in a condition of vulnerability, when there is a clash of norms. As well as the reinforced rights in favor of the user derived from the international agreements ratified by the Republic of Panama. Poverty, gender, age, belonging to ethnic minorities, being a minor, sexual orientation, being a migrant, among others, are conditions of vulnerability which increase the risk factors of crime victims, who are the most fragile part of those involved in the criminal process. Historically, more importance was given to the accused in criminal proceedings. Currently, the person under investigation continues to be a fundamental part of the criminal action carried out by the State; however, social peace must be restored with comprehensive reparation to the victim. The possibility of achieving these ideals is by guaranteeing the effective participation of all procedural subjects in all the judicial procedures necessary to achieve effective judicial protection and the purposes of the process without discrimination of any kind.

The procedural origin of conventionality control in the jurisprudence of the Inter-American Court of Human Rights

Félix Paz — Thu, 31 Jul 2025 00:00:00 +0000

The origin of conventionality control in the hemisphere finds its genesis in the jurisprudence of the Inter-American Court of Human Rights and as a doctrinal source it seems to be mandatory for the State parties, although it is necessary to point out that it is necessary to understand it under certain procedural rules and in any case legislative for its complete application by judicial agencies. Now, the above cannot be removed from the clear political will of the State that allows this attribution to its internal order due to the conclusions that occur in the international concert of nations

The guarantee of due process in the administrative process

Clarissa Florez — Thu, 05 Dec 2024 00:00:00 +0000

Due process is a fundamental guarantee established in article 32 of the Political Constitution of the Republic of Panama, that states that no one will be tried except by competent authority and in accordance with the legal procedures and no more than once for the same cause, criminal, police or disciplinary, also is developed in article 34 of Law 38 of 2000, since administrative actions in all public entities will be carried out without prejudice to due legal process; so we consider it necessary to analyze in detail its broad aspect and at the same time, its impact on the administrative procedure, since when investigating jurisprudence we observe that this is the main reason for substantiation of claims before the Third Chamber of administrative and labor litigation at Supreme Court.

That is why we go through a documentary investigation where we study both the law and various authors, to contrast them with jurisprudence. In the judicial precedents that we take as a sign of convenience, it was found that the faults of due process are grounded causes to start administrative litigation processes.

Therefore, when writing this article, we wanted to highlight in a didactic way, the components of due process to illustrate the readers and increase his legal acquis either as legal advisors within public institutions or to effectively demand the right of an administrator.

The proof of obligations in the Panamanian civil code

Lidia Mercado — Thu, 31 Jul 2025 00:00:00 +0000

The Panamanian Civil Code establishes an express regulation on proof of civil obligations, a fundamental issue in Contract Law. This communication examines the scope of the civil proof rules regarding legal relations that generate an obligation.

Some questions on offenses against the administration of justice

Campo Elías Muñóz Arango — Thu, 31 Jul 2025 00:00:00 +0000

The author of this essay presents some reflections on crimes against the administration of justice in Panama regulated in the Criminal Code of the Republic of Panama, such as Simulation of Punishable Acts and Slander in Judicial Proceedings, False Testimony and Cover-up, which are of current interest

emphasizing the importance of criminal protection since these facts affect the normal development of the administration of justice, its jurisdictional function, among others, in the evidentiary regime, within the process, among others

Falsehood or omission in the traveler's affidavit. Delimitation of the scope of the concept of value

José Agustín Chan Camarena — Thu, 31 Jul 2025 00:00:00 +0000

For approximately 30 years, travelers have been required to fill out a form declaring the goods they carry with them, when entering or leaving the national territory. However, it has been almost 14 years since the crime of forgery or omission in the Traveler's Affidavit was typified in criminal legislation.

That said, we find a collision between the criminal and administrative jurisdictions, taking into account that the Traveler's Affidavit form, provided by the National Customs Authority, maintains the mandatory declaration of certain goods listed in its contents, which have certain inconsistencies with those that are described within the criminal category of Article 375-A.

If the criminal law is applied to the traveler who conceals in his declaration, goods that are detailed in the customs form, but that are not part of the list provided by the aforementioned criminal type, would the principle of legality be violated, and consequently, the prohibition of analogy? Through this work, we intend to provide a legal answer to these questions

Legal analysis of unfair competition in Panama

Alex Reyes — Thu, 31 Jul 2025 00:00:00 +0000

The concept of unfair competition goes beyond just an act performed to attract customers or maximize the sale of its products or services. Many times in the fight for the market, competitors perform acts that, in a certain way, they consider correct or loyal or as a free and lawful competition.

Unfair competition relates to situations in which a competitor's actions are designed or have the effect of misleading consumers as to the product or its goodness. It is appropriate to point out that this competition is prohibited because it is antisocial and therefore it is considered unfair because it is contrary to good faith.

In this order of ideas we will point out that a merchant may have the conviction that he acts respecting the principles of good faith and loyalty with his competitors, however, we will have to determine at what moment his conduct goes beyond those limits and incurs in an abuse of the right, so it is necessary to establish if it is his act that incurs in an unfair conduct.

The objective of this article is to legally understand what unfair competition involves in our country. To do so, we will analyze from its importance to its requirements with the laws that regulate it.

MODERN CRIMINOLOGY

Carmen Rosa Robles Villareal — Thu, 31 Jul 2025 00:00:00 +0000

A topic of interest in modern criminology is the expansion of its object of study. As a scientific discipline, although relatively new, it has evolved considerably, broadening its focus and deepening its understanding of the complexity of the criminal phenomenon. Although crime and the offender have traditionally been the central axes of its study, the discipline has incorporated new perspectives that enrich our understanding of criminality.

In this article, of a historical and descriptive nature, we will delve into the object of study of criminology, analyzing how its approaches have been transformed and what are the main challenges it faces today.

Hence, the source of information in this task is documentary, obtained from books and articles published by recognized experts in the scientific community, from which emerges ...“ a significant shift of the criminological centers of interest (from the person of the offender and crime to the victim, to prevention and social control) and even to a new self-understanding of modern criminology that assumes a more dynamic, multidimensional and interactionist approach” ... ( Pérez, 2022, p.101).

Finally, we organize the agenda in the following structure: Generalities: concept, Latin American context, Panama; Crime; Offender; Victim and Social Control

Concept and importance of international organizations (IOs) and their differences with other formations in the international system

Juan Quinto — Thu, 31 Jul 2025 00:00:00 +0000

This paper is intended to cover some generic aspects of one of the most dynamic figures of public international law, which function as a structured institutional mechanism called an international organization. We will focus on describing the importance of this figure in the international system in terms of its updated concept and the difference that exists with other formations that also function in this system. Finally, we will laconically examine the main characteristic features of relevance of the new modalities of international organizations that are currently taking shape in international relations parallel to traditional international organizations.

La responsabilidad civil en las codificaciones del siglo XXI

David Zamora — Thu, 31 Jul 2025 00:00:00 +0000

El presente trabajo tiene como objetivo analizar la responsabilidad civil en las recientes codificaciones en el siglo XXI y comprender la tendencia que tiene la figura en las distintas jurisdicciones, con enfoques culturales distintos (Occidente y Oriente). En tal sentido, no se pretende agotar la codificación de la responsabilidad civil, sino resaltar su evolución en los distintos cuerpos legales enunciados, con el apoyo de la doctrina. Ciertamente, la codificación en materia civil brinda una serie de dificultades que permiten aprender de las experiencias foráneas, de allí que se adopta el concepto de Parise: “trasplantes legales”, pero no solamente a partir de la fuente formal “ley”, sino también de las experiencias que implican la labor de conciliar a una sociedad. Cada una de las regulaciones en estudio -en materia de responsabilidad civil- brindan soluciones que no son excluyentes entre sí. Ello nos permite comprender que el estudio del derecho comparado resulta enriquecedor siempre que la analogía sea aplicable a nuestra realidad social, económica y jurídica.

Analysis of objections in the Panamanian civil process: a practical application

Sara Zeballos — Thu, 05 Dec 2024 00:00:00 +0000

Objections to evidence in proceedings are a tool of great and fundamental importance. These allow lawyers to prevent information or evidence from being brought into the process that could in any way affect a client's legal situation.

However, it is not a question of objecting to evidence for the simple fact of objecting, but rather that it is a question of objections that are necessary, and in addition to meeting the requirements for objecting to evidence, specifically in four cases: That the objection must be presented in a timely manner; That the objection must be based on specific evidence; That the objection must be substantiated and that the objection must be strategic. If the objections do not meet these criteria, they must be rejected by the judge

Comments to Law 431 of April 25, 2024, which creates the national care system

Aracelis González — Thu, 31 Jul 2025 00:00:00 +0000

The elderly in Panama require special care, since in the society we live in today, they are often abandoned even by their own relatives, which is regulated by Law 431 of April 25, 2024, creating the National Care System, establishing a series of programs for their benefit, under the premise of human rights.

The main objective of the Law is to promote a co-responsible model within families and among actors of the care society in equity and equality of responsibilities, without discrimination, so we detail in this analysis, what constitutes the National Care System, its guiding principles, the beneficiary populations, the rights and obligations of caregivers and the administrative units responsible for articulating and coordinating this system.

This Law recognizes the right of people to take care of themselves autonomously, to be cared for in a professional manner, and also the rights of those who are dedicated to the care of these people