Giuristi: Revista de Derecho Corporativo

Editorial

2025-07-26T03:12:19+00:00

In a global context marked by legal transformation and the institutional challenges distinctive to Latin America, this issue of Giuristi: Journal of Corporate Law features two scholarly contributions addressing consumer protection. The first examines administrative decisions issued by Indecopi that mandate corrective measures, potentially impacting the broader regulatory framework. The second explores the evidentiary standards for establishing the existence of a verbal agreement as a valid mechanism for resolving consumer protection proceedings.

The Crime of Apology of Terrorism and the Modality of Sharing an Apology Publication

2025-07-27T02:45:36+00:00

This article addresses an issue that directly affects our criminal justice administration system, specifically within the terrorism subsystem. It deals with the lack of uniformity in the criteria of the Criminal Chambers regarding the classification of the crime of apology for terrorism when the conduct consists of sharing on social networks a publication with apologetic content created by a third party.

This situation has generated and continues to generate contradictory rulings, which affect confidence in the administration of justice. In this context, some chambers convict for this crime, while others acquit the defendant of the prosecutor ’s charge.

For this reason, this study proposes that the Supreme Court put an end to the controversy by ruling clearly in favor or against considering whether this modality constitutes typical criminal conduct.

A New Interamerican Impulse in Favor of the Justiciability of Environmental Law

2025-07-27T04:31:47+00:00

Although the direct justiciability of environmental law was not provided for by the Pact of San José, the consistent jurisprudence by the Inter-American Court in cases involving indigenous peoples has resulted in the development of an extensive interpretation of Article 26 of the Pact. This interpretation, in the case of Habitantes de La Oroya vs. Peru, has taken on a guarantor scope of third-generation rights. In this case, the Inter-American Court ruled for the first time with detail on the obligations of States regarding their duty to prevent, regulate, and punish attacks on the environment.

Control of Discretionality: Determining Facts and Indeterminate Legal Concepts. Muente Schwarz Case Before the Peruvian Civil Service Tribunal

2025-07-26T03:27:05+00:00

Based on the sanction imposed on the president of the Private Telecommunications Investment Supervisory Agency in Peru, evaluated by the Civil Service Tribunal, the practical utility of determining facts and indeterminate legal concepts in the disciplinary field is examined. To this end, it examines administrative discretion and the mechanisms available for its control, aiming to reduce risks of arbitrariness and abuse of power. It emphasizes that their application may take place both in administrative and contentious-administrative venues. Subsequently, the text delves into each of these mechanisms, with particular emphasis on those under analysis. It then addresses the decision of the tribunal, identifying not only the grounds for annulment presented by the instructing authority but also the inconsistencies found within the collegiate body itself. Using hermeneutic, sociological, and historical approaches, the article concludes that it is essential for the authority to fully identify the facts through these tools of discretionary control.

Strategies for Optimizing Government Oversight: an Institutional and Preventive Approach

2025-07-26T04:02:28+00:00

This article analyzes the current state of government control in Peru and its relationship with the fight against inefficiency and corruption. It begins with an initial diagnosis —supported by the metaphor of Sisyphus— that highlights the limitations of traditional preventive and repressive strategies. Based on this, the article proposes reforms aimed at strengthening the role of the Supreme Audit Institution, with emphasis on personnel training, institutional reorganization, and the prioritization of effective actions that optimize resource use, promote public investment, and restore public trust.

The Verbal Agreement as a Cause for Terminating the Consumer Protection Procedure and the Accreditation of Its Existence

2025-07-27T03:06:46+00:00

This article analyzes the legal institution of the verbal agreement, with the aim of determining its regulation both in the Political Constitution of Peru and in the Consumer Protection and Defense Code, approved by Law No. 29571, and amended by Legislative Decree No. 1308.

At the same time, it proposes a binding precedent aimed at protecting the rights of the provider against the abusive, excessive, and arbitrary exercise of consumer rights, as well as recognizing the validity of the verbal agreement within a consumer relationship. Likewise, it sets out the legal grounds that support the legality of this proposed precedent.

In addition, it suggests that the record of electronic receipt cancellation be considered an indisputable document that proves the existence of the verbal agreement. Finally, it develops a chapter that examines other forms of recognition of a verbal agreement within a consumer relationship.

The Use of Corrective and Regulatory Measures in Consumer Law

2025-07-27T03:29:26+00:00

Corrective measures are mandates aimed at restoring legality violated by the conduct of the offending party. However, the power to issue them cannot be used to fill regulatory gaps or to substitute for legislative functions. This paper critically analyzes their application in consumer protection cases and explains why it is necessary to distinguish between genuine corrective actions and regulatory measures that appear under this guise. It also examines the risks of misuse of this tool by the Public Administration, which undermines legal certainty for citizens, distorts competition, and weakens trust in the authority.

Chiassoni, Pierluigi. The Economic Analysis of Law. Lima: Palestra Editores, 2013

2025-07-27T02:55:03+00:00

The book The Economic Analysis of Law, published by Palestra Editores in 2013 and written by Pierluigi Chiassoni, is a translation of the original Italian work Law and Economics. L’analisi economica del diritto negli Stati Uniti (Turin: Giappichelli, 1992). The author holds a law degree from the Università di Genova, an LL.M. from Cornell University, and a Ph.D. in Analytical Philosophy and General Theory of Law from the University of Milan.