Frónesis

Legal diagnosis of the right to die with dignity in Venezuela. Legal environment and future predictions

Juan Carlos Araujo-Cuauro — Mon, 12 May 2025 00:00:00 +0000

The voluntary termination of life is a controversial issue in this post-contemporary society that involves ethical-bioethical, moral, religious-spiritual and even legal aspects. However, it is also an issue that increasingly interests people, so it is necessary to open serious debates about the right to a dignified death as euthanasia, affirmed as an altruistic and benevolent act masks the need to forget one's own suffering, death and the inability to observe the death of others. The aim of this article is to make an exhaustive and critical diagnosis of the existing legal framework in Venezuela in relation to the right to a dignified death, as an emerging human right and patient autonomy. Also, to know the diversity of approaches and international experiences on the right to a dignified death. As a right, the right to a dignified death is presented as the prohibition of the law and the community to interfere in the thanatic act for oneself or for another. But as an effect, a right of social character and ethical-bioethical and even biolegal indication is established, which constitutes a risk for the dependent life. Euthanasia as the right to a dignified death, for this purpose, starts from pondering human dignity as the foundation of the person, but nevertheless it is questioned whether there really is a right to die with dignity. It can be concluded that, in Venezuela, today, euthanasia as the right to a dignified death is confronted with penal norms that are in full force and effect and, therefore, such option is prohibited by the national legal system.

The dignity of other forms of life from the perspective of Martha Nussbaum’s capabilities approach

Gyomar Beatriz Pérez Cobo, Yolange Veliz Valencia — Mon, 12 May 2025 00:00:00 +0000

This study questions whether non-human forms of life can be considered bearers of dignity based on the capabilities approach developed by Martha Nussbaum. The inquiry is justified by addressing the traditional foundation of dignity as an exclusive attribute of human beings, historically linked to rationality and human freedom. Through a theoretical review and argumentative discussion, the paper examines whether recognizing the intrinsic value of living beings is sufficient to ensure just treatment, or if it is necessary to move toward their dignification as a normative principle. We argue that the capabilities approach allows for overcoming exclusionary views by proposing a conception of justice grounded in the flourishing of each being according to its own nature. We conclude that extending dignity to other forms of life is both an ethical and legal imperative that responds to contemporary challenges and calls for a profound transformation in how human beings relate to the living world.

THe simplification of administrative procedures in the public administration of the municipality of Maracaibo

Edwin J Baptista Rodríguez, Geraldine Toro, Orlando A. Alvarado Torres — Mon, 12 May 2025 00:00:00 +0000

The main objective of this research was to analyze the simplification and speed of administrative procedures in the Venezuelan tax harmonization law: SEDEMAT Case. It was based on the postulates of Alfonso (2020), Baptista (2023), Peña (2021), Pernía (2014) and Hernández (2012) and on legal instruments such as the Law on Simplification of Administrative Procedures (2014), the Organic Law on Coordination and Harmonization of the Tax Powers of the States and Municipalities (2023), the Constitution of the Bolivarian Republic of Venezuela (1999) and the Organic Law of Municipal Public Power (2010), among others. The research was classified as mixed, descriptive, documentary and field. The population in this study is made up of two perspectives, objects, referring to bibliographical documents of doctrinal, legal and jurisprudential type, and subject, related to people and the result objectives, an intentional population of 15 taxpayers with common characteristics was selected. In order to collect the data for this research, the documentary observation technique was used and for the field objective a questionnaire was used to a small number of people. The results of this study showed that the Municipal Decentralized Tax Administration Service (SEDEMAT) as an integral part of the scope of application of the new Law does not comply with the guidelines established by this Law, since timely and quality attention is not being provided to taxpayers, likewise, the principle of simplification and speed of administrative procedures is not fully complied with, a constitutional guarantee that should guide the rationalization and optimization of the procedures carried out by individuals before the public administration.

The due prevalence of human dignity in cultural relativism

Jorge Isaac Calle García — Mon, 12 May 2025 00:00:00 +0000

This research aims to analyze the due prevalence of human dignity in cultural relativism. It has an explanatory level with the analytical method, with documentary sources, the type of research is bibliographic - documentary. Dignity has to do with the concept of merit, for being a person; and it is people who give rise to cultural diversity or multiculturalism. In conclusion, balance or weighting falls in the hands of the authorities, it is not a simple task, but it is necessary to achieve the due prevalence of dignity in the face of cultural relativism.

Brief notes on international justice and an approach to the significance of the International Criminal Court (ICC)

Alcida Liliana López Véliz — Mon, 12 May 2025 00:00:00 +0000

The objective of the research is to analyze international justice from the perspective of the International Criminal Court. With a non-experimental qualitative design, descriptive in scope and analytical method. At a global level, the occurrence of serious crimes that threaten humanity itself is not uncommon, which is why international justice is decisive, in particular, through the International Criminal Court. The conclusions are that the time taken by international justice through the aforementioned court is extensive given the seriousness of the crimes it classifies and supports in the Rome Statute.

Indigenous law as a reflection of the conflict between cultural identity and normative rationality

Gerardo Vinicio Tapia Santos — Mon, 12 May 2025 00:00:00 +0000

This article analyzes the conflict between the cultural identity of Indigenous peoples and the normative rationality of the state in the treatment of Indigenous law, from a critical philosophical-legal perspective. The study is justified by the need to shed light on the tensions faced by legal pluralism in contexts where constitutional recognition of cultural diversity does not translate into effective mechanisms of normative equity. The adopted methodology was documentary and bibliographic, with a qualitative approach to normative, doctrinal, and jurisprudential sources. The findings reveal that although Indigenous law is formally recognized within the Ecuadorian constitutional framework and international instruments such as the International Labour Organization’s Convention No. 169, its practical exercise remains limited by state legal structures that subordinate it. The study concludes that without coordination mechanisms based on interculturality and mutual respect, legal pluralism will remain an unfulfilled promise. It recommends the development of an inter-jurisdictional coordination law that respects Indigenous normative autonomy and strengthens a truly plural model of justice.

Legal Challenges Faced by the Ecuadorian State in Implementing the Extradition of Ecuadorian Citizens Approved in the 2024 Referendum

Giorgi Giordano Gorozabel Intriago — Mon, 12 May 2025 00:00:00 +0000

The objective of this study is to investigate the challenges that arise in the Ecuadorian State due to the application of the extradition of persons approved in the popular consultation of 2024, for which the qualitative approach was used, which guides to find the reason for the legal figure of extradition in the Ecuadorian State and how it is intended to be applied in the face of the existence of not only legal but also political and social; the type of research is documentary and descriptive, through which results were obtained such as the review and comparison of concepts and legal processes on the figure of extradition in the set of laws of Ecuador and at the international level, based on the consultation promoted by President Daniel Noboa, reaching the conclusion that the extradition process in Ecuador faces multiple challenges from resource limitations to political factors that affect its implementation. However, the implementation of structural reforms could improve both the efficiency and transparency of the system, contributing to the strengthening of the rule of law and international cooperation in Ecuador.

Evolution of Public Policies on Citizen Security in Ecuador and Their Impact on the Philosophy of Buen Vivir

José Antonio García Vallejo — Mon, 12 May 2025 00:00:00 +0000

The evolution of public policies on citizen security in Ecuador and their relationship with the realization of Buen Vivir or Sumak Kawsay as a guiding principle of the State were analyzed. The study is justified by the need to understand how the management of security and social welfare directly influences the exercise of human rights and the materialization of an inclusive development model, particularly in the context of increasing violence and social inequality. The research was conducted using a documentary-bibliographic and comparative approach, based on official primary and secondary sources to analyze the governmental periods between 2007 and 2024. The results show that the strengthening of security institutions, investment in social services, and the implementation of comprehensive public policies during Rafael Correa's administration significantly contributed to poverty reduction and the improvement of crime rates. However, since 2017, a sustained decline in public investment has been observed, along with institutional weakening and the fragmentation of security strategies, factors that have led to increased violence and the deterioration of human development indicators. It is concluded that the recovery of citizen security and the consolidation of Buen Vivir in Ecuador require the reorientation of public policies towards an integral human rights approach capable of ensuring conditions of peace and well-being for the entire population.

The Interpretation and Application of Law from a Human Rights Perspective: A Comprehensive Analysis for Equitable Justice

Patricio García Vallejo — Mon, 12 May 2025 00:00:00 +0000

The research addressed the interpretation and application of law from a human rights perspective, highlighting the need for a normative framework and institutional mechanisms to guarantee equitable justice. The purpose of the study was to provide an analytical framework to understand the interactions between legal systems and human rights principles in the region, as well as to identify opportunities to strengthen institutions and promote inclusive justice. Through a documentary and qualitative approach, theories such as legal garantism, distributive and procedural justice, and critical perspectives of law were explored, drawing on contributions from authors such as Ferrajoli, Dworkin, Alexy, Foucault, and Santos. The findings highlighted the complexity of applying human rights in diverse socio-economic contexts, revealing the influence of power structures and the importance of a critical and context-sensitive legal interpretation. The study concluded that equitable justice required limiting state power, strengthening institutions, and promoting an inclusive legal system that upholds dignity and fundamental human rights.