Presentation

Abstract

The Law Review of the Legal Research Institute of the Faculty of Legal Sciences of the National Autonomous University of Honduras presents its forty-first (41) volume, number one (1) of the year two thousand and twenty (2020). The institute with an investigative trajectory of more than fifty (50) years has managed to carry out research and legal articles among other scientific works, which are part of the tradition of university work and are reflected in the Law Review. Generating a national and international space for consolidated researchers with a long history in the investigation, such as those who want to expose their first works and intellectual productions. All complying with the rigor of scientific and legal research method. Our magazine is already the favorite place to publish for many who have the discipline and rigor to present their scientific findings and conjectures to the intellectual community as citizens in general, to shed light and facilitate the interpretation of legal reality in the light of the truth verified in their works.

The current edition of the Law Review is marked by a special context for Honduras and the world, the COVID-19 pandemic, hurricanes "Eta" and "Iota", have left our nation devastated in its territorial and social dimensions. economic, environmental, food, educational and others that can be imagined in human development, according to economists are projected at least fifty (50) years behind. We must face precisely with the contribution of science, innovation and technology, but above all with a humanistic and solidary approach, the construction of new national and international scenarios supported by solid social networks supported by a legal platform capable of legitimizing the coexistence needs of egalitarian, equitable, socially just, with a rights approach that generates trust, transparency, inclusion and legal security.

The directors of both the Institute and the Law Review spared no effort to make this new edition possible in the current context of pandemic and crisis, health, humanitarian, food and climate, precisely because what we need as countries is, more science, more research and more reflection on our realities, achieve proposals to overcome the challenges of the SXXI. The fourteen (14) articles that emerge from many more extensive investigations and two (2) essays on current issues, achieve a range of legal issues that mark the region such as the country and Spanish law, the changes that we are undergoing as societies and how they affect us in our rule of law, our democracy and our state of human rights in general. Under diverse methodological approaches, many on comparative law.

In criminal matters, reference is made to fundamental issues such as article number one (1) with “… the criminal responsibility of legal persons in the new Penal Code…, it is a model that has failed and little supported by Dogmatics and by jurisprudence. " ; Article two (2) also manages to "compare from a legal-scientific perspective the role of the International Commission Against Impunity in Guatemala (CICIG) and the Mission for Support Against Corruption and Impunity in Honduras (MACCIH)." ; Article five (5) as a proposal sets out to “… promote the basis of a Theory of the“ ISN ”(Best Interest of the Child) that allows studying the assumptions that support the rights linked to the best interest of the child. Holding their right to special protection, during the criminal process, due to their high vulnerability… ”; Article number six (6) analyzes the gender perspective in the new penal code “… penal regulations approved in the light of doctrinal developments on the matter, in order to determine whether the inclusion of these elements is sufficient to affirm that the new Penal Code has a gender perspective… ”; Article number seven (7) analyzes the crimes and penalties in the “… new Penal Code contained in Decree 130-2017, which is now the fifth Penal Code that governs crimes and penalties in our country; Historical fact that we consider should not go unnoticed in academic activity, even more so when we know prior to its entry into force there was a great controversy about the convenience or not of this new normative order ... ”concluding on this issue with article number nine (9) issue that relates private corruption where it is done “… the weighting between the legal interests that said crime must protect. Likewise, the perception that Honduran citizens have regarding the crime of private corruption, in relation to introducing the issue into the Honduran dynamics. "

Interesting human rights illustrations; Article three (3) presents a case publication marking the “… most relevant elements of the study and analysis carried out in the resolution of the Ninth Metropolitan Regional Chamber of the Federal Administrative Court of the United Mexican States, in which it recognizes the Refugee status for an applicant of Guatemalan nationality who identifies as gay in a context of violence and discrimination due to sexual orientation and gender identity, developing a definition of refugee including a gender component in accordance with the regulations of both national origin -Mexico - as an international in matters of asylum… ”; article number eight (8) The effective protection of fundamental rights “… determine if the legal person is the beneficiary or not of fundamental rights in Honduras,… examining in turn the constitutional doctrine on the theory of attribution of ownership of these rights, in order to observe the Honduran legal - constitutional reality in light of the principles and purposes of the founding text… ”; article number twelve (12) With emphasis on sustainable development and environmental risk we have “… The study is justified taking into account the guidelines established by this branch of law that allow transversality with the guidelines of Environmental Law, revealing some challenges that are it faces planning in the face of emerging risks and the need to promote the protection of the environment for current and future generations… ”; Article number fourteen (14) as part of the study of the current context of the health pandemic, the examination of China's international responsibility is presented “… an internationally wrongful act, the international responsibility of universal and regional international organizations in the spread of Covid-19 and Either by action or omission, in strict accordance with the implication of inaccurate collaboration by China in the study and timely disclosure of the pathological consequences of Coronavirus 2 Severe Acute Respiratory Syndrome (SARS-CoV2) in humans , ... "

In civil matters, an interesting work published, in article number four (4), the order for payment process as an effective means to protect the right of credit “… comparative view of the Spanish payment order in order to know some reforms that have taken place in the same to ensure greater effectiveness in its application, all this considering that the Spanish Civil Procedure Law served as inspiration for the creation of the CPC (Civil Procedure Code). ”; as well as article number eleven (11) and its argument of "... Industrial Secret, currently with such excessive competitiveness in the international and national market, it is becoming more and more used by companies of different sectors, same as for its essence of secrecy it is highly coveted to be obtained illegally, current regulations are insufficient to deal with these various practices of commercial bad faith, since they violate it directly, unlike other figures of industrial property that have protective mechanisms, ... "

Under the protection of the issue of legal interpretation with a historical approach, in article number ten (10) it presents a publication on the origins of constitutional interpretation in tax matters “… the crisis that developed in the Mayor's Office of Tegucigalpa due to the interpretation that various indigenous peoples gave certain articles of the Political Constitution of the Spanish Monarchy, during its second period of validity from 1820… ”; Article number thirteen (13) the anticipated test analyzed through the “… comparative law to demonstrate which is the notion that the world is having regarding the relevance of the parties to resolve their conflicts, I also offer the mechanism of advance test as a new notion, with characteristics of autonomy with the mere intention of information, influenced mainly by the current Brazilian procedural law and the origin of Common Law. "

Finally, as far as the presentation of scientific articles is concerned, the problem of bribery is seen as a world crisis. This pernicious practice has been present throughout the entire history of mankind. This research seeks to explore the ethical approaches to bribery as well as its devastating effects on democracy and the development of a country.

Closing with two essays, one on the unconstitutionality of parliamentary immunity derived from the reform of the organic law of the national congress and the other on women in politics: towards the vindication of political-electoral rights.

The valuable effort of all researchers is recognized as well as the direction of the revisit for such an important edition. Hoping to be cited the authors, in the future research works of the readers and can fill the publications with value.