Frónesis

Principles of Criminal Law as a system of protection from dogmatics: discipline based on the interpretation, systematization, elaboration, development of legal provisions and constitutional criteria

Cristina Seijo, Dana Mavarez, Reinelda Fuenmayor — Fri, 02 May 2025 00:00:00 +0000

The purpose of this article is to analyze the Principles of Criminal Law as a system of protection from dogmatics: a discipline based on the interpretation, systematization, elaboration, development of legal provisions and constitutional criteria; that serve as the basis and foundation of Social and Democratic States, which seek the enjoyment of Fundamental Rights to their citizens through Principles and Guarantees, with the correct and effective application of their norms, in order to provide legal security and justice. social. To achieve the objective, a traditional or narrative review was carried out that consisted of an exhaustive search and analysis of the literature on the topic, including both classic works and recent scientific articles, highlighting bibliometric research and systematic reviews as categories of research. documentary, with its own explicit methods and whose current trend is, mainly, searching online or in academic databases present on 2.0 platforms, without excluding the possibility of analyzing printed documents not digitized to date, as is still done in some social science disciplines. Once again it is evident that not everything is written about this ancient figure, since they are decantations that the doctrine elaborates from the inductive examination of the different penal institutions, sometimes expanded and consolidated by comparative criminal law.

Women's Rights in Legislation: History, Legality, and Public Policies

Irasema Vílchez de Quintero — Fri, 02 May 2025 00:00:00 +0000

This article addresses the results of the struggle in our social contexts for women's rights in the countries of the Region and its implementation in public policies through their incorporation or not in legislation. Analyzing the historical context of feminist movements and their impact on the legal system. Concluding with a single proposal for public policies.

Implementation of occupational health and safety management systems through project management using Odoo as an artificial intelligence tool in Law Firms and Legal Consulting

Benylé Josefina Rivas Carruyo — Fri, 02 May 2025 00:00:00 +0000

The article is developed as an essay that shows a general vision of the implementation of occupational health and safety management systems through project management using Odoo as an artificial intelligence tool in Law Firms and Legal Consulting. This, with the purpose of using its postulates, by occupational health and safety professionals. Through this analysis and through a descriptive investigation, we reflect on the protection of the health and safety of workers in the workplace, for which the implementation of occupational health and safety management systems is suggested, which according to the ISO Central Secretariat (2018) have the purpose of preventing injuries and deterioration of health associated with work and continuously improving the performance of occupational health and safety. For implementation, it is recommended to develop the planning, organization, direction and control processes associated with project management, supported by Odoo as an artificial intelligence tool for business resource planning.

of Women as Vulnerable Groups Under the Postulates of Neoconstitutionalism

Federico Gutierrez — Fri, 02 May 2025 00:00:00 +0000

The influence of neoconstitutionalism on the protection of women's rights as a vulnerable group in Ecuador, Colombia, and Venezuela was analysed. The scope of the research focused on comparatively exploring how these countries have implemented constitutional and legislative measures to protect women's rights as a vulnerable group within the framework of neoconstitutionalism. Advances and challenges in the adoption of public policies and the application of international instruments were evaluated, identifying differences in the effectiveness of state actions to ensure substantive equality and address gender-based violence. Using a comparative and qualitative approach, the constitutions and legislations of these countries were examined concerning the incorporation of principles of substantive equality and specific measures to combat gender-based violence. The results highlighted that Ecuador, with its 2008 Constitution and laws such as the Organic Law to Prevent and Eradicate Violence Against Women (2018), presented a more robust and effective normative framework. In Colombia, despite jurisprudential progress, barriers to accessing justice persisted, particularly in rural areas. In Venezuela, the institutional crisis limited the implementation of public policies, affecting the protection of women. The study concluded that, although the three countries shared international commitments, differences in judicial practices reflected unequal levels of rights guarantees, with Ecuador standing out as a model in the region.

The Dignified Return of Ecuadorian Migrants after Their Deportation from the United States: A Human Rights-Based Approach

Fabricio Menéndez — Fri, 02 May 2025 00:00:00 +0000

This article analyzes the phenomenon of the return of Ecuadorian migrants deported from the United States from a human rights-based perspective. The importance of this study lies in the human dignity of individuals who have chosen to migrate because their lives unfold in a context marked by economic precariousness, unemployment, and insecurity. Hence, it is relevant to examine the implications of deportation on these individuals, as well as the structural barriers they face in achieving social, labor, and emotional reintegration. The study documents that approximately 16,000 Ecuadorians were deported in 2023, while in the first seven months of 2024, the number reached 7,737, reflecting a growing trend that could worsen with the enforcement of new immigration policies in the United States. Through a juridical-analytical documentary approach, the study examines the current international and national regulatory frameworks, as well as Ecuadorian public policies related to return. The analysis reveals significant gaps between the legal framework and its effective implementation. In response, the study proposes a series of structured lines of action, including the creation of a comprehensive national reintegration plan for returnees. It concludes that, without an articulated, coherent, and sustained state response, a dignified return will remain a distant aspiration for thousands of Ecuadorians who have faced deportation processes.

Regulatory limitations of the World Trade Organization in the digital economy and proposals to strengthen the multilateral governance of electronic commerce

José Alejandro Rodríguez Sandoval, Nathaly Palma Cobo — Fri, 02 May 2025 00:00:00 +0000

This article analyzed the regulatory challenges posed by the dominance of major technological platforms in international trade and assessed the role of the World Trade Organization in addressing these phenomena. Through a documentary and qualitative research approach, academic and institutional sources were examined, revealing the limitations of the current legal framework in addressing issues such as market concentration, cross-border data flows, and the protection of digital rights. The findings showed that the existing regulatory structure, based on instruments such as the General Agreement on Trade in Services, is insufficient to cope with the dynamics of the digital economy. Regulatory fragmentation and the need to strengthen international cooperation were also confirmed. The discussion emphasized the urgency of updating multilateral agreements, promoting common principles of digital competition, and ensuring the inclusion of developing countries in regulatory processes. Strategies were proposed to support regulatory modernization, standard harmonization, and the creation of inter-institutional cooperation mechanisms. The study concluded that revitalizing the role of the World Trade Organization is essential to building a more open, equitable, and sustainable digital trade framework in today’s global context.

Contextualization of socioeconomic inequality as an obstacle to the protection of women's human right to education in Venezuela

Alexander Vílchez — Fri, 02 May 2025 00:00:00 +0000

This study aimed to contextualize the structural factors limiting women's access and continuity within the Venezuelan education system amid a socioeconomic crisis, with the purpose of providing inputs for the formulation of effective and sustainable public policies in education and gender equality. The relevance of this research lies in its potential contribution toward developing robust public policies addressing both education and gender equity. Employing a qualitative documentary approach, the study analyzed recent reports issued by international human rights organizations and specialized research on gender and education. The findings revealed significant data opacity regarding the socioeconomic crisis and its impact on women’s rights. Nevertheless, reports from international organizations and certain national institutions indicate a substantial gap between Venezuela’s legal framework and its practical implementation. The study concludes that urgent, gender-sensitive public policies and strengthened institutional mechanisms are necessary to guarantee women’s fundamental educational rights, particularly in critical contexts such as the current socioeconomic crisis.

The Punitive Approach versus the Rehabilitative Approach to Criminal Recidivism from a Human Rights Perspective

Ignacio Ángel Falcones Ferrín — Fri, 02 May 2025 00:00:00 +0000

Criminal recidivism constitutes one of the greatest challenges for contemporary criminal justice systems. This study justifies its relevance in the need to question traditional punitive approaches, evaluating their effectiveness in light of the protection of human rights. The general objective was to comparatively analyze punitive and rehabilitative approaches in reducing criminal recidivism according to international human rights standards. The methodology applied was qualitative, based on documentary research and content analysis, using an analytical and descriptive method. The results show that the punitive approach, based on severe sanctions, presents limitations in preventing recidivism, whereas the rehabilitative approach, oriented toward education, vocational training, and the strengthening of social bonds, offers better results in reducing recidivism and respecting human dignity. It is concluded that a prison model based on human rights must prioritize social rehabilitation. Among the recommendations, the study highlights the need to strengthen rehabilitation programs through adequate resources, trained personnel, and public policies that favor social reintegration, thus consolidating a more inclusive, humanized, and effective criminal justice system in preventing recidivism