Sobre la revista Tribunal de Justicia Tribunal de Justicia es una revista académica internacional de acceso abierto, especializada en ciencias jurídicas, editada por el Instituto Tecnológico Jubones, con sede en Pasaje. La revista tiene como misión consolidarse como un espacio de referencia científica para la difusión de investigaciones originales, rigurosas e innovadoras que contribuyan al desarrollo teórico y práctico del Derecho en contextos nacionales e internacionales. Su enfoque editorial promueve el análisis crítico de los sistemas jurídicos contemporáneos, abordando problemáticas complejas desde perspectivas interdisciplinarias y comparadas. En este sentido, la revista acoge contribuciones en diversas áreas del Derecho, tales como derecho constitucional, penal, civil, administrativo, laboral e internacional, fomentando el diálogo académico global y la generación de conocimiento con impacto social. Tribunal de Justicia se rige por estándares internacionales de calidad editorial, implementando procesos de evaluación por pares bajo la modalidad de doble ciego, garantizando la objetividad, transparencia y rigor científico en la selección de los manuscritos. Asimismo, adopta buenas prácticas en ética de la publicación, en concordancia con organismos internacionales como el Committee on Publication Ethics, y promueve el uso de identificadores persistentes como ORCID y DOI para fortalecer la visibilidad y trazabilidad de la producción académica. La revista impulsa la internacionalización mediante la participación de autores, revisores y miembros del comité editorial de diversas regiones del mundo, así como la publicación de contenidos en más de un idioma. Su modelo de acceso abierto, bajo licencias Creative Commons Attribution 4.0 International, favorece la democratización del conocimiento y el acceso equitativo a la información científica. En su proyección estratégica, Tribunal de Justicia busca su indexación en bases de datos de alto impacto y su posicionamiento en los principales rankings internacionales, contribuyendo activamente al fortalecimiento de la investigación jurídica y a la construcción de sociedades más justas, democráticas y basadas en el Estado de derecho.
Términos de la licencia Los contenidos publicados en la Revista Tribunal de Justicia se encuentran bajo la licencia Creative Commons Atribución 4.0 Internacional (CC BY 4.0). Mediante esta licencia, los autores y la revista permiten a cualquier usuario: Compartir: copiar y redistribuir el material en cualquier medio o formato. Adaptar: remezclar, transformar y construir a partir del material publicado. Estas acciones pueden realizarse para cualquier propósito, incluso comercial, sin necesidad de solicitar autorización previa, siempre que se cumplan las condiciones establecidas. Condiciones de la licencia El uso de los contenidos está sujeto a las siguientes obligaciones: Atribución adecuada: Se debe reconocer de manera clara la autoría original, incluyendo los nombres de los autores y la referencia completa del artículo. Reconocimiento de la fuente: Se deberá indicar que el trabajo fue publicado originalmente en la Revista Tribunal de Justicia. Enlace a la licencia: Se debe incluir el enlace a la licencia CC BY 4.0: https://creativecommons.org/licenses/by/4.0/ Indicación de cambios: En caso de modificación, adaptación o reutilización parcial, se deberá especificar claramente la naturaleza de los cambios realizados. Alcance de la licencia La licencia CC BY 4.0 no restringe: El uso académico, científico o educativo La difusión en repositorios o plataformas digitales La reutilización en obras derivadas Limitaciones La licencia no exime del cumplimiento de: Derechos morales de los autores Normas de integridad académica Legislación vigente en materia de propiedad intelectual Criterio editorial: El uso de licencias abiertas con atribución obligatoria garantiza la circulación del conocimiento, la visibilidad internacional de las publicaciones y el cumplimiento de estándares exigidos por sistemas de indexación de alto impacto.
Legal Regulation of Digital Platforms in the Face of the Challenges of the Global Digital Economy
The rapid expansion of digital platforms has profoundly transformed the global economy, creating new challenges for legal systems responsible for regulating markets characterized by technological innovation, cross-border operations, and large-scale data processing. The objective of this article was to analyze the evolution of the legal regulation of digital platforms by identifying the main regulatory approaches, legal challenges, and international trends reported in recent scientific literature. The study was conducted as a review article using a qualitative approach and a descriptive-analytical scope. A documentary review of specialized scientific, legal, and doctrinal literature on digital economy, technological governance, competition law, data protection, and platform liability was carried out, applying analytical, synthetic, and hermeneutic methods to interpret the information collected. The findings revealed a progressive transition from traditional regulatory frameworks toward risk-based approaches emphasizing transparency, protection of fundamental rights, and oversight of emerging technologies. The review also identified that the main legal challenges concern personal data protection, market power exercised by major digital platforms, liability for online content, and the incorporation of regulatory mechanisms governing artificial intelligence. It is concluded that effective digital governance requires harmonized legal frameworks, stronger international cooperation, and flexible regulations capable of balancing technological innovation, legal certainty, fair competition, and comprehensive protection of users' rights
digital platforms; digital economy; legal regulation; digital governance
Copyright (c) 2026 Wilson Exson Vilela-Pincay (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Personal data protection and cybersecurity: regulation, risks, and safeguards in the digital era
The rapid digital transformation has significantly increased the large-scale processing of personal data, creating major challenges for the protection of fundamental rights and information security. The objective of this article was to analyze the regulation of personal data protection, the main technological risks, and the legal safeguards that strengthen cybersecurity in the digital era. The study was conducted using a qualitative approach through a systematic and comparative review of scientific literature, legal doctrine, legislation, and specialized case law related to data protection and cybersecurity. The analysis showed that regulatory frameworks have progressively evolved to recognize personal data protection as an autonomous fundamental right, incorporating principles such as lawfulness, transparency, purpose limitation, accountability, and information security. The findings also revealed that cyberattacks, identity theft, data breaches, and technological vulnerabilities continue to pose significant risks to individuals, businesses, and public institutions. Furthermore, the review demonstrated that the effectiveness of legal regulation depends on the coordinated implementation of legal mechanisms, technical safeguards, governance policies, and supervisory authorities capable of ensuring regulatory compliance. It was concluded that building a secure digital environment requires the continuous integration of legal regulation, technological innovation, institutional cooperation, and a strong data protection culture to effectively address the challenges arising from digital transformation
personal data protection, cybersecurity, digital rights, legal regulation
Copyright (c) 2026 Wilson Emilio Izquierdo-Rodas (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Artificial intelligence and law: legal responsibility, regulation and transformation of the legal function
This research aimed to analyze legal responsibility, regulatory challenges, and the transformation of the legal function arising from the incorporation of artificial intelligence into contemporary legal systems. A qualitative legal research approach was developed, based on a systematic and comparative review of scientific literature, international regulations, and technological reports obtained from specialized academic databases. Doctrinal, normative, and comparative methods were applied to examine the implications of automated decision-making, legal attribution problems, algorithmic biases, and emerging regulatory frameworks. The results showed that artificial intelligence had generated significant opportunities to optimize legal and administrative processes; however, it had also created challenges related to algorithmic transparency, the protection of fundamental rights, and the determination of responsibility for automated decisions. It was concluded that artificial intelligence regulation required a risk-based approach, human oversight, and legal guarantees capable of balancing technological innovation and legal certainty. Likewise, it was determined that AI did not replace the legal function but transformed the role of legal professionals toward a complementary model between human capabilities and technological tools
artificial intelligence; legal responsibility; technological regulation; legal function
Copyright (c) 2026 Erika Pamela Peralta-Mogrovejo (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Blockchain and smart contracts: legal validity, automation and contemporary regulatory challenges
This research aimed to analyze the legal validity of smart contracts, their automated execution through blockchain technology, and the main regulatory challenges arising from their incorporation into contemporary contractual relationships. A qualitative study was conducted based on a systematic and comparative review of doctrinal, regulatory, and technological sources, applying legal, interpretative, and comparative analysis methods. The selection criteria considered the timeliness of publications, technological relevance, and legal impact of the examined studies. The results showed that smart contracts represented a significant evolution of digital contracting by enabling the automation of obligations, ensuring traceability, and reducing the intervention of intermediaries; however, they also revealed limitations related to legal interpretation, programming errors, technological liability, and the absence of uniform regulatory frameworks. It was concluded that smart contracts may achieve legal validity when they comply with the essential elements of traditional contracts, although they require regulatory adaptation capable of integrating technological innovation with the principles of legal certainty, rights protection, and contractual responsibility. The research provides relevant elements for understanding the challenges faced by law in response to new contractual models based on decentralized technologies and automated execution mechanisms
blockchain; smart contracts; legal validity; digital regulation
Copyright (c) 2026 Yadira de las Cuevas-Potrony (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Cybercrime and computer criminal law: typologies, prosecution and challenges in contemporary digital environments.
This study aims to analyze cybercrime from the perspective of computer criminal law by identifying its main typologies, criminal prosecution mechanisms, and the challenges faced by legal systems in contemporary digital environments. The research was conducted using a qualitative approach with a narrative review design incorporating elements of a systematic review. Documentary methodology was applied through doctrinal, legal, and comparative analysis of scientific literature, legislation, and international legal instruments selected according to relevance, timeliness, and academic impact criteria. The findings showed that cybercrime has become a dynamic and transnational criminal phenomenon characterized by unlawful access to computer systems, computer fraud, data-related crimes, cyberbullying, and digital economic crimes. The review also revealed that protecting information, privacy, cybersecurity, and property requires updated legal frameworks, specialized investigative mechanisms, and stronger international cooperation. It is concluded that strengthening computer criminal law requires a comprehensive response integrating legislative modernization, technological innovation, specialized training for criminal justice operators, and coordinated preventive and punitive strategies to ensure the effective protection of fundamental rights and legal certainty in the face of the continuous evolution of digital crime
cybercrime; computer criminal law; computer crimes; criminal prosecution
Copyright (c) 2026 Mohamed Messika (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Personal data protection and digital privacy: regulation, rights and challenges in contemporary technological environments
This article aimed to analyze the legal regulation of personal data protection and examine the main challenges facing digital privacy in contemporary technological environments, considering the regulatory, doctrinal, and technological evolution that characterizes the information society. The study was conducted using a qualitative approach through a systematic review with a narrative scope. Scientific publications, specialized legal doctrine, national and international legislation, and relevant legal instruments were collected and analyzed according to criteria of relevance, recency, academic impact, and consistency with the research objectives. The findings showed that personal data protection has become an autonomous fundamental right supported by principles such as legality, consent, purpose limitation, proportionality, and security. Furthermore, the study identified that the expansion of big data, artificial intelligence, digital surveillance, and cybersecurity threats has increased the risks to individual privacy, requiring adaptive regulatory frameworks and stronger supervisory mechanisms. It is concluded that personal data protection represents a fundamental pillar of digital governance and demands continuous regulatory updating, institutional strengthening, and international cooperation to ensure an appropriate balance between technological innovation, digital development, and the effective protection of fundamental rights
personal data protection; digital privacy; digital rights; legal regulation
Copyright (c) 2026 Tahiri Saad (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
This editorial introduces Volume 3, Number 2 of the 2026 issue of Tribunal de Justicia, Journal of Legal Research, dedicated to analyzing the relationship between Law and Technology in the context of global digital transformation. This issue brings together research focused on examining the legal challenges arising from the protection of personal data, cybercrime, artificial intelligence, blockchain technology, cybersecurity, and the regulation of digital platforms. The published studies demonstrate the need to build regulatory frameworks capable of responding to complex technological scenarios, guaranteeing the protection of fundamental rights, legal certainty, and public trust. This edition highlights the importance of a dynamic, interdisciplinary, and forward-looking legal system that allows for the harmonization of technological innovation and constitutional guarantees in contemporary digital societies.
Digital law; artificial intelligence; data protection; technology regulation.
Copyright (c) 2026 Eimy Eliana Espinoza-Guamán (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
International environmental law and sustainable development: principles, governance and contemporary global challenges
The objective of this research is to analyze the principles of international environmental law and examine the main challenges faced by sustainable development within the international legal framework. The study was conducted using a qualitative approach through a documentary legal research method with a descriptive and analytical scope. Documentary analysis was employed to examine books, scientific articles, legal doctrine, and international legal instruments related to international environmental law. The findings showed that this branch of law has evolved into a specialized legal system based on principles such as sustainable development, prevention, precaution, and common but differentiated responsibilities. The study also identified that environmental treaties, multilateral environmental agreements, and soft law instruments constitute essential mechanisms for global environmental governance. Nevertheless, their effectiveness remained limited by insufficient political commitment, inequalities among States, and the absence of effective enforcement mechanisms to ensure compliance with international obligations. It was concluded that strengthening international environmental law requires greater international cooperation, improved implementation of legal instruments, and the promotion of public policies aimed at environmental protection in order to achieve sustainable development that balances economic growth, natural resource conservation, and the well-being of present and future generations
international environmental law; sustainable development; environmental principles; environmental governance
Copyright (c) 2026 Gianella Del Cisne Bustamante-Vásquez (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Private international law: jurisdiction, applicable law and recognition of decisions in transnational disputes
To analyze the main mechanisms of private international law aimed at resolving conflicts arising from transnational legal relationships, with emphasis on determining international jurisdiction, the applicable law, and the recognition of foreign judgments. The research was conducted using a qualitative approach, with a documentary design and a descriptive-analytical scope. The legal-doctrinal method was applied, complemented by content analysis of books, scientific articles, and specialized legal regulations on private international law. The findings showed that globalization has increased the complexity of international legal relationships, reinforcing the importance of conflict-of-law rules, connecting factors, and judicial cooperation as mechanisms to ensure legal certainty. In addition, party autonomy was identified as a fundamental principle in determining the applicable law, although its exercise remained subject to public policy and the fundamental principles of each State. It was concluded that private international law played a fundamental role in coordinating different legal systems, facilitating the resolution of cross-border disputes through mechanisms that strengthened legal certainty, international judicial cooperation, and the effectiveness of recognizing and enforcing foreign judgments in an increasingly interconnected international environment
private international law; international jurisdiction; applicable law; judicial cooperation
Copyright (c) 2026 Reynaldo Manuel Tarrago-Ayra (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
International economic law and international trade: regulation, integration and challenges in the global economy
This study aimed to analyze the regulation of international trade from the perspective of international economic law, considering its evolution, the main legal instruments supporting it, and the challenges it faces within the global economy. The research was conducted using a qualitative approach through a descriptive-analytical documentary design. A systematic review of scientific literature, legal doctrine, and regulatory documents related to international economic law, international trade, and international regulatory institutions was carried out. Documentary analysis enabled the organization and interpretation of information according to previously established thematic categories. The findings showed that international economic law constitutes the primary legal framework governing trade relations among States through international treaties, bilateral and multilateral agreements, the principles of free trade and non-discrimination, and international organizations responsible for overseeing compliance with these rules. Furthermore, globalization, digital transformation, electronic commerce, and the tensions between trade liberalization and protectionism were identified as major challenges requiring continuous adaptation of the international regulatory framework. It was concluded that strengthening international economic law is essential to ensure legal certainty, promote international cooperation, and foster a more transparent, balanced, and sustainable international trading system capable of responding to the economic and technological transformations shaping contemporary global commerce
international economic law; international trade; trade regulation; international organizations
Copyright (c) 2026 Wilson Rafel Rodas-Mogrovejo (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
International human rights law: protection systems and challenges in the global order
The objective of this study was to analyze the structure of international human rights protection systems and examine the main challenges they face in ensuring the effective protection of human dignity. The research was conducted using a qualitative approach and a systematic literature review design. Data were collected through documentary analysis of scientific articles, books, international treaties, and doctrinal documents related to international human rights law, selected according to their relevance and academic rigor. The findings showed that the universal and regional systems function as complementary mechanisms that strengthen international protection through supervisory bodies, individual petition procedures, and judicial decisions that have contributed to the progressive development of international standards. However, significant challenges were also identified, including compliance with international decisions, tensions between State sovereignty and international obligations, and the emergence of new forms of human rights violations associated with corruption, inequality, and globalization. It was concluded that strengthening international protection requires greater cooperation among States, effective implementation of international obligations, and the consolidation of institutional mechanisms capable of ensuring respect for human dignity and the comprehensive protection of fundamental rights in response to contemporary challenges
human rights; international protection; international systems; human dignity
Copyright (c) 2026 Asseneth Verdecia-Rodríguez (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
International responsibility and dispute settlement: foundations, mechanisms and challenges in international law
The objective of this study was to analyze the configuration of international responsibility and examine the main mechanisms for dispute settlement in international law, considering their doctrinal evolution, legal foundations, and the challenges associated with their application in the contemporary international context. The methodology followed a qualitative approach with a documentary, descriptive, and interpretative research design. A legal-hermeneutic method was employed to examine specialized doctrine, international legal instruments, and scientific literature related to international responsibility, forms of reparation, and peaceful dispute settlement mechanisms. The findings showed that international responsibility constitutes an essential mechanism for ensuring compliance with international obligations through the attribution of legal consequences arising from internationally wrongful acts. Likewise, negotiation, mediation, arbitration, and international jurisdiction were identified as fundamental instruments for strengthening legal certainty and promoting the peaceful settlement of disputes. However, significant challenges remain regarding the enforcement of international decisions, the fragmentation of international law, and the growing complexity of transnational disputes. The study concluded that strengthening international cooperation, promoting legal harmonization, and improving institutional mechanisms are essential to enhance the effectiveness of international law and consolidate a more stable, coherent, and predictable international legal order
international responsibility, dispute settlement, international law, international arbitration
Copyright (c) 2026 Mustapha Bedjekina (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Sources of international law: foundations, evolution, and application in the global legal system
This study aimed to analyze the sources of international law and examine their evolution, legal foundations, and application within the global legal system. A qualitative approach with a documentary and descriptive design was employed, based on the analysis of scientific literature, specialized doctrine, international legal instruments, and relevant case law. The information was collected, organized, and interpreted through documentary and narrative analysis, enabling the identification of the main characteristics of international treaties, customary international law, general principles of law, judicial decisions, and legal doctrine as sources of international law. The findings showed that these sources continue to constitute the normative basis of the international legal order, although their application has evolved due to globalization, the increasing participation of non-state actors, and the emergence of soft law instruments. Furthermore, the interaction among these sources strengthened legal certainty, promoted the protection of human rights, and contributed to a more consistent interpretation of international obligations. It was concluded that the sources of international law remain essential mechanisms for ensuring the stability of the international legal system; however, challenges arising from normative fragmentation and contemporary global dynamics require a flexible, coherent, and principled interpretation consistent with the fundamental values of international law
international law, sources of law, international treaties, customary international law
Copyright (c) 2026 Raach Amar (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Contemporary international law is undergoing a significant transformation stemming from the environmental, economic, and social challenges that characterize the 21st century. In this context, sustainable development has become a cross-cutting paradigm that demands the integration of multiple legal disciplines to guarantee the protection of natural resources, human rights, and the stability of international relations. This issue of Tribunal de Justicia. Revista de Investigación Jurídica (Journal of Justice. Journal of Legal Research) brings together research that examines the sources of international law, dispute resolution mechanisms, the international protection of human rights, international trade, private international law, and international environmental law. The works demonstrate the need to strengthen global governance through effective legal instruments capable of responding to complex phenomena such as climate change, economic globalization, and transnational conflicts. From a multidisciplinary perspective, the articles contribute to the critical analysis of the main legal challenges facing the international community in the pursuit of sustainable development and effective global justice.
environmental law, sustainable development, global governance, international law.
Copyright (c) 2026 Lázara Herrera-Martínez (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
This issue of Tribunal de Justicia. Revista de Investigación Jurídica (Judicial Court. Journal of Legal Research), Volume 2, Number 3 (2025), brings together research dedicated to the study of the main challenges facing Labor Law in a context characterized by the digitalization of labor relations, the transformation of employment markets, and the consolidation of new forms of economic organization. The articles analyze the evolution of the employment contract in the face of digital platforms, the protection of collective rights and freedom of association, the validity of labor principles, the strengthening of social security, the effectiveness of the labor process, and the role of labor inspection as a mechanism for guaranteeing regulatory compliance. Taken together, the research demonstrates that the protection of human dignity and social justice continue to be the pillars guiding the evolution of contemporary Labor Law. Furthermore, it offers proposals to strengthen legal systems in the face of new work dynamics and to consolidate institutions capable of responding to the challenges of the 21st century from a rights-based, efficient, and committed perspective focused on the comprehensive protection of workers.
Labor law; labor relations; social security; judicial protection.
Copyright (c) 2025 Osmara Muñoz-Pérez (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
This issue of Tribunal de Justicia. Revista de Investigación Jurídica (Judicial Court. Journal of Legal Research), Volume 2, Number 2 (2025), is dedicated to the study of contemporary transformations in Civil Law in the face of the social, economic, and technological changes that characterize the 21st century. The collected articles analyze essential institutions of private law from comparative, critical, and interdisciplinary perspectives, addressing the general theory of contracts, civil liability, corporate law, consumer protection, electronic securities, and corporate insolvency proceedings. Taken together, the research demonstrates the need to reinterpret the classical categories of Civil Law to respond to new scenarios of digital contracting, economic globalization, the strengthening of corporate transparency, effective consumer protection, and the modernization of legal mechanisms related to commerce and business. This volume constitutes an academic contribution aimed at strengthening the scientific debate and promoting the development of legal solutions compatible with the principles of legal certainty, justice, equity, and the effective protection of rights in contemporary societies.
Civil Law; civil liability; contracts; social transformations.
Copyright (c) 2025 David Ocampo-Eyzaguirre (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
This editorial introduces Volume 2, Number 1 (2025) of Tribunal de Justicia. Revista de Investigación Jurídica (Court of Justice. Journal of Legal Research), dedicated to the study of Administrative Law and Public Governance, a topic of particular relevance given the processes of state modernization, institutional strengthening, and consolidation of the constitutional rule of law. The articles in this issue analyze essential aspects of contemporary administrative law, such as judicial review of public administration, the State's liability for damages, public procurement and transparency mechanisms, the legal framework of the public service and administrative responsibility, administrative acts and their legality review, as well as the challenges posed by digital governance and good governance in public administration. Taken together, the research offers a doctrinal and critical analysis based on national and international contributions, highlighting the need to strengthen legality, efficiency, accountability, and the protection of individual rights in the face of the exercise of public power, thus contributing to the legal debate and the improvement of administrative institutions.
Administrative law; public governance; public administration; rule of law.
Copyright (c) 2025 Rolando Medina-Peña (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Labour inspection and regulatory compliance: oversight, sanctions, and challenges in labour enforcement
Labour inspection constitutes an essential mechanism for ensuring compliance with labour legislation, protecting workers' rights, and strengthening employment relations through supervisory, advisory, and enforcement actions. The objective of this study was to analyze the functioning of labour inspection as a mechanism for monitoring regulatory compliance and to examine the main challenges it faces in the context of contemporary labour market transformations. The methodology adopted a qualitative approach with a documentary research design, applying doctrinal legal, analytical-synthetic, and hermeneutic methods. Information was collected through a review of legislation, legal doctrine, and specialized scientific literature and subsequently examined using content analysis. The findings showed that labour inspection plays a decisive role in safeguarding labour rights by integrating inspection, advisory, preventive, and sanctioning functions. Furthermore, labour informality, limited institutional resources, insufficient inspection coverage, and emerging forms of employment were identified as the principal obstacles affecting the effectiveness of labour inspection systems. It was concluded that strengthening institutional capacities, modernizing inspection procedures, and incorporating technological tools are essential to improve regulatory compliance and ensure the effective protection of workers' rights within increasingly dynamic and complex labour environments
labour inspection, labour enforcement, regulatory compliance, labour rights
Copyright (c) 2025 Diego Fernando Paqui-Abrigo (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Labour procedural law: principles, procedure, and effective judicial protection in labour disputes
Labour procedural law constitutes an essential legal mechanism for safeguarding workers' rights through specialized procedures governed by the principles of justice, equality, and procedural efficiency. The objective of this study was to analyze the principles governing labour proceedings and the mechanisms that ensure effective judicial protection in labour disputes. The research adopted a qualitative approach with a documentary design, employing a descriptive-analytical scope and applying analytical-synthetic and legal-hermeneutic methods through the systematic review of legislation, legal doctrine, and specialized scientific literature. The findings revealed that the principles of procedural speed, orality, immediacy, free access to justice, and worker protection constitute the foundations of contemporary labour jurisdiction, promoting more agile, transparent, and accessible judicial procedures. Furthermore, the study identified that a well-structured procedural framework, effective appellate remedies, and timely enforcement of judicial decisions strengthen effective judicial protection, although significant challenges remain regarding judicial congestion and the digital transformation of labour justice systems. It was concluded that strengthening labour procedural law requires the consolidation of efficient procedural mechanisms capable of balancing the protection of labour rights with due process guarantees, thereby fostering a specialized judicial system responsive to contemporary legal and social demands
labour procedural law; labour proceedings; effective judicial protection; procedural principles
Copyright (c) 2025 Wilson Emilio Izquierdo-Rodas (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Social security and protection systems: coverage, sustainability, and challenges in the contemporary social state
Social security constitutes one of the fundamental pillars of the contemporary social state because it guarantees protection against the social and economic contingencies affecting people's well-being. The objective of this study was to analyze the structure of social security systems and examine the main challenges related to coverage, financial sustainability, and their capacity to adapt to current social transformations. The research was conducted using a qualitative approach with a documentary design and a descriptive-analytical scope. Documentary analysis and analysis-synthesis methods were employed to review and interpret scientific literature, legal doctrine, and specialized regulations on social security. The findings showed that social protection systems are organized through contributory, non-contributory, and mixed models, with mixed schemes offering greater potential to expand coverage while preserving financial sustainability. Furthermore, labor informality, population aging, economic crises, and emerging forms of work were identified as the principal challenges affecting the effectiveness of contemporary systems. It was concluded that strengthening social security requires comprehensive public policies, sustainable financing mechanisms, and reforms aimed at ensuring universality, equity, and solidarity, thereby consolidating protection systems capable of responding effectively to the social demands of the twenty-first century
social security; social protection; sustainability; coverage
Copyright (c) 2025 Wilson Exson Vilela-Pincay (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Principles of labor law: historical foundations, practical application and challenges in contemporary labor relations
The objective of this study was to analyze the fundamental principles of labor law by examining their foundations, scope, and application in contemporary labor relations. Methodologically, the research was conducted through a qualitative legal-documentary approach based on the review and analysis of specialized scientific, doctrinal, and normative literature related to the evolution of labor law, its guiding principles, and the emerging challenges arising from economic and technological transformations. The findings showed that the principles of protection, non-waivability of rights, continuity of employment, primacy of reality, equality, and non-discrimination continue to constitute the essential pillars of the labor legal system. Furthermore, these principles were found to play a decisive role in legal interpretation, labor dispute resolution, and the effective protection of workers’ fundamental rights. The study also revealed that labor flexibility, digital work, platform-based employment, and globalization have generated new challenges for the application of traditional labor guarantees. It is concluded that labor law principles remain fully valid as mechanisms for protection and balance within contemporary labor relations. Their dynamic and adaptive interpretation is essential to address the transformations of the labor market while preserving workers’ dignity, equality, and legal certainty in increasingly complex employment environments
labor law, labor principles, labor protection, labor relations
Copyright (c) 2025 Miguel Ángel Bamba-Guerrero (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Collective labor rights and trade unionism: collective bargaining, freedom of association and contemporary challenges in the global labor environment
This study aimed to analyze the fundamental collective labor rights and examine the main challenges faced by trade unionism in the context of contemporary economic, technological, and social transformations. The methodology adopted a qualitative legal-doctrinal approach based on the legal-realist method and a documentary review of specialized normative, doctrinal, and scientific sources related to collective labor law. The analysis focused on freedom of association, trade union organization, collective bargaining, and the right to strike as essential pillars of labor representation. The findings revealed that collective labor rights constitute fundamental mechanisms for ensuring workers' participation in the defense of their interests and for promoting more balanced labor relations. Furthermore, the study identified economic globalization, the expansion of platform-based work, declining union membership, and certain legal restrictions as significant challenges affecting the effectiveness of collective action and labor representation. The results also showed that institutional and strategic adaptation of trade unions is necessary to address the new dynamics of labor markets. The study concluded that strengthening collective labor rights requires robust legal frameworks, effective social dialogue mechanisms, and processes of trade union renewal aimed at preserving workers' protection against the emerging challenges of the twenty-first century. These elements remain essential for ensuring social justice and democratic labor relations in an increasingly globalized environment
collective labor rights; freedom of association; collective bargaining; trade unionism
Copyright (c) 2025 Mohamed Messika (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Employment contract and new forms of employment: legal regulation, digital platforms, and contemporary global labor challenges
This study aimed to analyze the redefinition of the employment contract in response to new forms of employment emerging from digitalization, technological platforms, and transformations in the contemporary labor market. Methodologically, a qualitative legal research approach was adopted, based on doctrinal, analytical, and systematic methods through a documentary review of scientific literature, specialized doctrine, and legal regulations related to Labor Law and emerging employment modalities. The findings revealed that the traditional elements of the employment relationship, particularly legal subordination, remuneration, and personal service provision, remain essential for identifying an employment contract; however, their application faces increasing challenges in digitally mediated work environments. Furthermore, the study found that digital platforms, remote work, and the gig economy have created new employment opportunities while simultaneously increasing risks related to labor precariousness, economic dependency, and limited access to social protection systems. The conclusions indicate that traditional regulatory frameworks require significant adaptation to effectively address the evolving dynamics of modern labor relations and ensure adequate protection of workers’ rights. In this regard, the development of flexible and inclusive legal regulations is essential to balance technological innovation, economic competitiveness, and social justice within contemporary labor markets. These findings contribute to the ongoing debate regarding the future of Labor Law in increasingly digitalized and globalized employment contexts
employment contract; digital platforms; employment relationship; labor protection
Copyright (c) 2025 Aissaoui Abdelkader (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Business insolvency and corporate restructuring: legal framework, insolvency proceedings and challenges in contemporary global economies
Business insolvency represents one of the most significant challenges for contemporary legal and economic systems due to its impact on financial stability, creditor protection, and business continuity. The objective of this study was to analyze the legal regulation of business insolvency and examine the mechanisms that enable the restructuring of companies facing financial distress in contemporary economies. The research adopted a qualitative documentary approach based on the doctrinal, legal, and bibliographic analysis of specialized sources related to insolvency law, bankruptcy proceedings, and corporate restructuring. Information was examined through systematic legal analysis and analytical-synthetic methods, allowing the identification of the main elements underlying modern insolvency procedures. The findings revealed that contemporary insolvency systems have evolved from models primarily focused on asset liquidation toward frameworks that prioritize corporate reorganization, preservation of economic value, and financial recovery. In addition, the study identified that mechanisms such as creditor agreements, reorganization plans, and restructuring strategies play a crucial role in maintaining business operations and mitigating the negative effects of financial crises. The study concludes that modern insolvency law performs a strategic function in managing economic distress while facing important challenges related to judicial efficiency, procedural digitalization, and the increasing complexity of cross-border insolvency. These challenges require continuous legal adaptation to ensure effective protection of stakeholders and sustainable economic development
business insolvency; insolvency law; corporate restructuring; creditor protection
Copyright (c) 2025 Armando Rogelio Durán-Ocampo (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Securities instruments and negotiable instruments law: circulation, legal guarantees, and digital challenges in contemporary commerce
This study aims to analyze the legal characteristics of securities instruments and examine the regulation of their circulation within negotiable instruments law, considering the challenges arising from the digital transformation of contemporary commerce. The research was conducted using a qualitative legal-documentary approach based on dogmatic-legal, historical-legal, and hermeneutic methods. To achieve this purpose, doctrinal, regulatory, and academic sources related to securities instruments, negotiable instruments principles, and document dematerialization processes in electronic environments were reviewed. The findings revealed that securities instruments continued to play a fundamental role in credit circulation and in ensuring the security of commercial transactions. Furthermore, the principles of literalness, autonomy, incorporation, and legitimation were identified as maintaining their validity as essential pillars of negotiable instruments law, although their application required adaptation to the growing digitalization of commercial operations. Likewise, the study found that the implementation of technological authentication and verification mechanisms contributed significantly to strengthening legal certainty in electronic securities instruments. It was concluded that technological evolution did not replace the traditional foundations of negotiable instruments law but rather promoted a reinterpretation of its principles to ensure their effectiveness in digital environments. Consequently, regulatory and technological strengthening proved indispensable for preserving trust, legal certainty, and efficiency in contemporary commercial transactions
securities instruments; negotiable instruments law; commercial circulation; electronic commerce
Copyright (c) 2025 Guadalupe María Solorzano-Intriago (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Consumer law and contractual protection: principles, legal mechanisms, and challenges in contemporary globalized markets
This research aimed to analyze the fundamental principles of consumer law and examine the legal mechanisms that ensure contractual protection in contemporary markets. Methodologically, a qualitative legal-doctrinal study was conducted based on the documentary analysis of specialized scientific, legal, and doctrinal sources. Analytical-synthetic and hermeneutic methods were applied to interpret the legal foundations supporting consumer protection against information asymmetry and contractual imbalance. The findings revealed that consumer law has become a consolidated legal discipline aimed at correcting inequalities between consumers and suppliers. The study also identified that the principles of consumer protection, good faith, information, and contractual balance constitute the fundamental pillars of the consumer protection system. Furthermore, mechanisms such as the control of unfair contract terms, the right to information, the right of withdrawal, and legal guarantees were found to be essential instruments for ensuring fairer contractual relationships. The study concludes that contractual consumer protection is a fundamental element for promoting transparency, trust, and legal certainty in modern markets. Moreover, the ongoing processes of digitalization and market globalization require the continuous adaptation of regulatory frameworks and the strengthening of public policies designed to guarantee effective consumer protection against emerging challenges in the contemporary economic environment
consumer law, contractual protection, contractual balance, consumer relations
Copyright (c) 2025 Eimy Eliana Espinoza-Guamán (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Corporate law and corporate governance: organizational structure, responsibility and transparency in contemporary global companies
This study aimed to analyze the structure of corporate governance within contemporary corporate law, identifying the mechanisms that strengthen the accountability of management bodies and ensure corporate transparency. The research was conducted using a qualitative legal-documentary methodology based on a narrative and systematic review of scientific literature, corporate regulations, and specialized international reports. Sources indexed in Scopus, Web of Science, and SciELO were consulted and selected according to criteria of thematic relevance, timeliness, and academic impact. The findings revealed that corporate law has evolved from a traditional regulatory function toward a model focused on corporate governance, transparency, and organizational sustainability. Furthermore, it was identified that the proper distribution of functions among the shareholders’ meeting, the board of directors, and management bodies contributes to institutional strengthening and the reduction of conflicts of interest. Likewise, transparency, accountability, and fairness were found to be essential principles for ensuring the confidence of investors and other stakeholders. The study concludes that corporate governance represents a strategic tool for promoting more efficient, responsible, and sustainable companies. In addition, the implementation of control mechanisms, auditing procedures, and compliance systems strengthens corporate legitimacy and enhances organizational capacity to address challenges arising from globalization, sustainability requirements, and international regulatory frameworks
corporate law, corporate governance, corporate transparency, corporate responsibility
Copyright (c) 2025 Wilson Rafel Rodas-Mogrovejo (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Civil liability and damage in contemporary private law: foundations, elements and mechanisms of reparation
Civil liability constitutes one of the fundamental institutions of private law due to its role in protecting legally safeguarded rights and interests against harmful conduct. The objective of this study was to analyze the foundations of civil liability and the concept of damage in contemporary private law, identifying its constituent elements and examining the applicable mechanisms of reparation. The methodology adopted a qualitative legal approach and a documentary research design based on a narrative review of specialized literature. Academic sources indexed in Scopus, Web of Science, and SciELO were consulted, together with civil legislation, case law, and specialized doctrine selected according to criteria of relevance, currency, and academic impact. The findings revealed that civil liability has undergone a significant evolution from models exclusively based on fault toward systems that incorporate preventive functions and objective criteria of attribution. The study also identified that the generating event, damage, causal link, and legal imputation constitute the essential elements required for the configuration of liability. Likewise, the results showed a progressive expansion of the concept of damage and the consolidation of the principle of full reparation as a guiding element of modern tort law. It is concluded that civil liability continues to adapt to emerging social, technological, and environmental realities, strengthening its role as an effective mechanism for legal protection and as a guarantee of justice for victims
civil liability; damage; full reparation; private law
Copyright (c) 2025 Mustapha Bedjekina (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
General theory of contract: formation, validity and enforcement in contemporary comparative civil law
The general theory of contract constitutes one of the fundamental pillars of private law due to its role in regulating legal and economic relationships among individuals. The objective of this study was to analyze the essential elements of contract formation, the requirements for contractual validity, and the mechanisms of contract enforcement within contemporary civil law. The methodology adopted was a qualitative legal research approach with a documentary nature, developed through a narrative review incorporating systematic elements. Scientific publications indexed in Scopus, Web of Science, and SciELO were examined, together with specialized legal doctrine and relevant normative sources. The findings revealed that consent, legal capacity, object, and cause continue to represent the core foundations of contractual relations; however, their interpretation has evolved in response to challenges arising from digitalization, economic globalization, and emerging contractual practices. In addition, the study identified that the principles of party autonomy, good faith, and binding force remain central to contract law, although they are currently complemented by considerations of equity, consumer protection, and contractual justice. It is concluded that the general theory of contract retains its full relevance within contemporary civil law. Nevertheless, continuous doctrinal adaptation is required to effectively address the economic, technological, and social transformations that increasingly shape modern legal relationships and contractual dynamics
contract; civil law; contractual validity; party autonomy
Copyright (c) 2025 Bouzid Mammeri (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Governance and digital administration: good governance, transparency, and challenges in contemporary public management
The objective of this research was to analyze the relationship between governance, digital administration, and good governance within the context of contemporary public management, considering the challenges arising from the digital transformation of the State. The methodology consisted of a systematic and narrative review of scientific, doctrinal, and normative literature based on sources indexed in Scopus, Web of Science, and Scielo, as well as international reports and specialized legal documents. The study applied selection criteria related to timeliness, thematic relevance, and academic impact, using a doctrinal, normative, and comparative analysis method to examine the main trends in digital governance and public administration. The findings showed that digital transformation strengthens institutional efficiency, transparency, and public service delivery through e-government tools, administrative automation, and digital platforms for access to information. Likewise, the study identified that digital governance promotes citizen participation and accountability processes, although challenges related to digital divides, cybersecurity, data protection, and institutional capacities still persist. It was concluded that digital administration constitutes a strategic element for consolidating models of good governance and state modernization, provided that comprehensive public policies aimed at technological, normative, and institutional strengthening are implemented within contemporary public administrations
Governance; digital administration; good governance; transparency
Copyright (c) 2025 Guido Ecuador Peña-Armijos (Author) https://creativecommons.org/licenses/by-nc-sa/4.0