Monday, December 20, 2010

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List No. 2 won elections in Lambayeque Bar

Chavarry
Ezequiel Correa, the new Dean of the College of Lawyers of Lambayeque

' 'The day was held Saturday's runoff election for nuevo cuerpo directivo del Ilustre Colegio de Abogados de Lambayeque, 2011-2012, estas justas se desarrollaron con total normalidad en el local ubicado en la Urb. Santa Victoria de la Provincia de Chiclayo.

Esta vez la lista Nº 2 representada por el doctor Ezequiel Chavarry Correa, obtuvo 254 votos de los letrados que acudieron a votar, mientras que su contrincante de la lista Nº 5 doctor Victor Anacleto Guerrero, consiguió 1,109 votos.

Esperamos que el nuevo cuerpo directivo apoye que le ICAL recobre el brío y la calidad de institución representativa de los abogados lambayecanos que se ha visto opacada durante la ultima década.

-2011-2012 Board

-Dean .- Ezekiel B. Correa Chavarry

-Vice-Dean .- Alexander Becerra Pérez
Pacific

-Director Secretary .- Mary Elizabeth Hill

Moreno, Director of Economic
.- Consuelo Torres Estela

-Director Academic .- María del Rosario Asmat Goicochea

-Director of Ethics .- Leopoldo Izquierdo Hernández

-Director of Defense .- José Hernán Neciosup Chancafe

-Director of Welfare .- White Genevieve Paredes Guevara

-Director of Communication .- Hernán Cabrera Montalvo

-Director of Library .- Omar Antonio Zapata López

-Director H. Rights - Felipe Zegarra Guillen

-Study Director J. - Andrés Enrique Mozo Maeda

''Digital Journal "The Uncover"

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Dr. Carlos Silva Muñoz: "There will be changes in the judicial branch of Lambayeque"

procedural
Advances creating a new criminal chamber of appeals to prevent load
Next January 3, the top vocal Carlos Silva Muñoz assume the presidency for two years of the Superior Court of Justice of Lambayeque, and vision to make some changes to improve care and have a better approach to community. One of the main goals of his future administration is to improve the administration of justice and give speed to the legal proceedings to prevent the caseload is becoming a new problem.

lambayecana In the Court's "many problems have already detected?

Even before run for president de la Corte de Justicia de Lambayeque conozco gran parte de ellos, porque soy juez y he vivido los mismos. Sin embargo, para estar empapado de todo y tener llegada directa a los problemas, estoy manteniendo reuniones diarias con los jueces de las diversas instancias y especialidades, para ver la forma directa cual es la problemática en general que tenemos en este distrito judicial.

¿Cuál es el objetivo?

Conversar con cada unos de los magistrados me va a permitir generar un diagnóstico e investigar sobre la problemática del Poder Judicial. La Corte de Justicia de Lambayeque es parte del sistema democrático nacional, porque está doomed to resolve conflicts of all people.

How important is the role of the judiciary in society?

We have an important role in our society that is democratic, transcendent and even societies can exist without laws, but necessarily have to be judges. The role of the judiciary in society is important because if there is no justice, there would be chaos, and if there is chaos, there is no society. The judiciary is important for the development of societies.

The judiciary is very important, but also many problems What to do?

Like any institution we have economic problems of organization, among others, but the problems are soluble, ie can be solved or given solution.

How to find solution to these problems?

There are many ways to give or find a solution to problems. For me, it just requires the conduct of the institution from a technical standpoint-political but not partisan, but political science.

But does that is present or not?

Currently, there is a bad image to the national judiciary, but I am of the idea and I have the certainty that an institutional policy, the judiciary Logar will reverse the negative image sometimes has. The strategies will be implemented to solve the image problem has to be technical, professional and specific.

What comes after the January 3 next year?

technical work comes
administrative, institutional autonomy, independence of the judge, but everything that has to support efficiency and ethical implications. All these parameters obviously require specific measures.

Where is democracy?

I am democratic in nature and I like listening to people to find solutions to problems and to innovate. Our management will be successful at the end of these 2 years.

And where is the distrust of the people in the judiciary?

The issue of public confidence is the main state institutions, and the Judiciary is not others.

The negative image is due to many factors, for example, non-completion of legal proceedings within the time limits, the proper care not by the administrators of justice to litigants, the result of judgments in adjudicative system based on, among others.

This means that the negative image of the judiciary is due to the dissatisfaction of the litigants with the decisions or judgments that the judges issue. Yes or no?

When there is an issue and reach a decision, you will always see people who are unhappy and dissatisfied. We do not We are facilitators.

The new Code of Criminal Procedure has a good time in effect. Are there any results?

We have good results, but these results are optimal in the administration of justice than we need to create a new Criminal Court of Appeals. Currently there by Dr. Magdalena Chavez Mella, which is no longer sufficient and needs a new, which will be created in the early months of next year.

Wednesday, December 15, 2010

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Ethics committees will mediate in disputes between patients and physicians

Health seeks to prevent the judges are settling the differences

http://www.elpais.com/articulo/andalucia/comites/etica/mediaran/conflictos/pacientes/medicos/elpepuespand/20101215elpand_17/Tes

Saturday, December 4, 2010

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The risks of rent eviction trial may last up to 5 years for slow judicial

The most serious is that if that process win in two instances, nothing says that paying tenant has acted in bad faith to pay the debt accumulated by not paying rent.

Homelessness. Luz Benavente (who accompanied his son Emilio) Pita Lazo fears remain in the department that hired him without paying his debt. (Photo: Karen Zárate)
By Cesar Sarria Gomi

A Luz Benavente, Jesus Alberto Lazo Pita seemed like an honorable person since hitting door for the first time to ask for the department in Surco, in September 2008. He introduced himself as a lawyer and that convinced her. He would rent for a year, monthly S/.700.

What Benavente Lazo never suspected was that just use their knowledge of law to extend his tenure in that department in the Los Sauces sun without paying rent.

IF
The problems began months later, when Lazo, a difficult person to deal, in his home, refused to pay the maintenance department. After a series of complaints and conflicts, Benavente decided not to renew his contract. When I reported, Lazo said, "We will go to trial. As a lawyer I will take care of it last as long as possible. Meanwhile, forget to charge me that I will not pay a sun. "

been over a year and Lazo carried out his threat. The eviction trial brought him Benavente Benavente has not advanced and does not know where to turn.

Last night, at 7:30 pm, El Comercio sought to tie in the department of Surquillo. Although he saw a light on, no one opened. It was stressed for an hour without success. The lawyer also has no landline phone in your name.

Like this there are hundreds of cases where owners are victims of bad faith of their tenants without the Peruvian legal system provides a quick and fair.

THE PROBLEM
According Pio Salazar, lawyer at Pizarro, Botto & Escobar, an eviction trial may last up to five years. "The problem is the lack of resources and capabilities Judicial Branch to resolve all cases. This is compounded by strikes and corruption. In an ideal scenario, an eviction trial should not last more than six months, "he said.

worst thing is that if this trial win in two instances, nothing says that paying tenant has acted in bad faith to pay the debt accumulated by not paying rent. In most cases, owners are satisfied to see those bad tenants out of their property.

"The victim may start a new trial to collect the money owed. However, this new process can last as long as the eviction, "said Salazar.

Fausto Viale, lawyer at Rubio, Leguia, Normand & Associates, explains that the owners have very few tools to prevent a situation like this. "Find out the criminal records and credit helps to know who we're dealing with," he suggested.

Both lawyers and other experts suggest creating a list of delinquent tenants, the style of central credit risk. Thus, if a tenant is paying, I could not access credit.

THE OTHER SIDE OF THE PROBLEM
The opposite problem is faced by the inhabitants of slum properties. To avoid being evicted, the Housing Commission of the Congress approved this week a law to protect tenants against eviction possible automatically extended until December 2011 the right to remain where they are, in the case of land which does not exceed autovalúo S/.2.880.

According to Congressman Olga Cribilleros (APRA), chairman of the committee, the bill seeks to allow time for these families to access to state housing programs and not stay on the street.

However, for the architect Carlos Fernández-Dávila, these laws prevent the modernization of the city.

THE FACT
Social Contract
95% of leases is not seated in the Public Registry. Agreements are based on mutual trust between two parties.

Trade

Friday, December 3, 2010

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PJ Workers suspended an indefinite strike on Monday and returning to their jobs


Judiciary workers announced the suspension of an indefinite nationwide strike that held for several weeks, from Monday to resume their work.

This was announced by the secretary general of the Union of Workers of the Superior Court of Tacna, Cesar Aguilar Delgado, explaining that the measure was lifted for a period of 30 days from this Monday 6 December after Congress passed a bonus of 93 million soles in 2011.

"The indefinite nationwide strike from Judiciary workers in accordance with the statutes of the National Federation has determined to suspend the strike for a period of 30 days from December 6. The conditions are given in the report and from Monday's national workers return to their places of work, therefore the administration of justice will be standardized throughout the country ", said the official in communication with Radio One

also noted that under the act are some agreements and not to retaliate against workers because of the strike, there will be no allowance for days strike, but will have to pay an extra hour as a way to reward mandatory days left not working.

Radio One

Indole-3-carbinol Herpes

Dr. Silva Muñoz new chief justice

Dr. Carlos Alfonso Silva Muñoz, from below was forged as a judge and we hope to maintain this reputation


The senior members of the Court of Justice elected Lambayeque Dr. Carlos Alfonso Muñoz Silva as the new chairman for the period 2011-2012.

The young magistrate who has an excellent resume, the second attempt was crowned his dream, we hope that this new wave of young intellectuals judges, know salvage the prestige of the judiciary lambayecana that during the last 8 years has been mired in several scandals in which some judges were involved.

hope wisely steer the young president to serve not only the area of \u200b\u200bthe judiciary but also the administrative area of \u200b\u200bthe court lambayecana, which has long prevailed cronyism, familiarity and venality, leaving out young professionals excellent curriculum.

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lambayecana TC expects to have a better relationship with Peruvian judiciary San Martín

PENDING. YOU SHOULD OPEN STAGE OF COORDINATION FOR DETERMINING FUNCTIONS PROPERLY TC, PJ and CNM

important to establish a mechanism for collaboration, said owner Carlos Mesia
Your
confidence to have a more "rational, prudent and wise" with the new owner of the Judiciary (PJ) César San Martín Castro, to avoid some differences between the two institutions and establish mechanisms for collaboration, said yesterday re-elected President of the Constitutional Court, Carlos Mesia.

"In this new phase we expect a more rational, prudent and wise to the tribunal. We are confident that the new management of the Judiciary will be better relations, "he said.
In this context, he announced that propose actions to strengthen the Peruvian judiciary. Among them, he stressed that arise, the new judicial authority, a reform bill constitutional involves the participation of the owner of PJ in sessions where binding decisions are discussed in this sector.

"The idea is that the president of the Supreme Court temporarily participate in the discussion, the vote and the signing of the ruling on the unconstitutionality would (...), good for the country and democracy, and that the judiciary learns to see things from the perspective of the Constitution and not just the law. "
indicated that this mechanism would end any differences and" jealousy "on the Court's judgments Constitutional.

In a radio interview also addressed the need to initiate a phase of coordination to properly define the functions of the TC, the Judiciary and the National Judicial Council.
Mesia said it is time to go into a "stage of self-restraint" after some of the excesses committed by these institutions.

explained that "as far as the TC is a quasi-judicial political control is bound to a restraint and self-correction."

Positive Thoughts And Varicouse

Judiciary chair

RENEWAL. WIDE WITH FULL SUPPORT FROM THE BOARD OF THE SUPREME COURT TO BEGIN ITS MANAGEMENT FROM 1 JANUARY 2011

"I'm in charge here" and "no one will attack a judge with impunity," says

offers affirmation of autonomy, transparency and independence of PJ
With a commitment to state autonomy and institutional independence, sustain, with all the country's governance, fight corruption and reduce the caseload and ensure transparency, the supreme vocal César San Martín Castro was elected president by a large majority of the Judiciary and Court Supreme, for the period 2011-2012, during a session of the Plenary held in Palace of Justice.

In his presentation to the press, the judge thanked his colleagues who gave their support, and his first words were "to ratify a thought and democratic life, and affirm the core values \u200b\u200band policies of a constitutional state. "
"I'm here as head of a state power, and it is my responsibility to assert their autonomy, independence of the judiciary, a transparent judicial administration and support, with all the country's governance," he said.

said that with the support of his colleagues were able to guarantee service quality justice. "The big problem with the case load and large pockets of corruption must be addressed decisively," he said.
At another point, he said, that a judge should be above the passions and any circumstance fine. "Here is the judiciary, to insist that nobody is going to attack with impunity to a judge of the Supreme Court, corner or nicking a judge of Peru perverse forces are alerted, I would not run, I'm in charge here."
also guarantee transparent trials, rigor, seriousness and professionalism, adding that cooperation between public authorities is indispensable.

He said the vote "historic" which won expresses the sentiment of institutional affirmation of autonomy of the judiciary, "the say no to the dark forces that seek to type in, corner or manipulate justice, these adventures will not. "
however, said that his vocation is for dialogue, reaching out to everyone. "Justice is not just an issue of judges, is a community issue and all sectors involved."

judge, current president of the Permanent Criminal Chamber of the Supreme Court, was endorsed by 13 votes of his colleagues, a total of 15 who participated in the election act. The owner of the Judiciary in office, Javier Villa Stein, said the new judicial authority won "in impeccable democratic election by thirteen votes to two. "

Actions
1
unconditional defense of judicial independence and autonomy of the judiciary. In addition, preserving the quality of jurisprudence and optimize control processes.

2 Ensure the realization of reforms to ensure efficient operation and autonomous institution.

3 Improve the configuration of work processes as well as common judicial services. Enter and replicate best practices.

4 Doing more outreach to the public by providing a more efficient, accessible and better coverage that best meets their legitimate interests and concerns. Tackling cultural barriers.

Courts authorities renewed
As the Supreme Court in 29 courts of Ecuador were elected to their respective president and head of the Office Decentralized Control Magistrates (Odecma) for the period 2011-2012.

The new officers who will assume the January 3, 2011 are: Esperanza Tafur Gupioc (Amazonas), Abraham Vilchez Castro (Ancash), Eli Altamirano Gliserio Alarcón (Apurimac), Jorge Luis Salas Arenas (Arequipa).

Caesar also Prado Prado (Ayacucho), Percy Leon Harvey Horna (Cajamarca) Peirano Daniel Sánchez (Callao), Luz Gladys Roque Montesillos (Cañete), Luis Alfonso Núñez Sarmiento (Cusco), Daniel Vasquez Cárdenas (from Santa), Max R. Alvarado (Huancavelica), Jorge Enrique Picon Ventocilla (Huanuco) Luis Alberto Vasquez Silva (Huaura).

Meneses Bonifacio Gonzales (Ica) Pimentel Alcibiades Zegarra (Junín), Walter Cotrina Miñano (La Libertad), Carlos Silva Muñoz (Lambayeque) , Héctor Lama More (Lima), Walter Diaz Zegarra (North Lima), Pedro Cartoline Pastor (Lima Sur); Aldo Atarama Lonzoy Nervo (Loreto), Moses Quipe Aucca (Moquegua), Samuel Moreno del Pozo (Pasco).

Luis Alberto Cevallos Vegas (Piura), Romulo Carcausto Calla (Puno), Jose Ignacio Baltazar Alvarez Chacón (San Martín); Gordillo Mario Cossio (Tacna), Percy Leon Elmer God (Tumbes), Rene Eduardo Martinez Castro (Ucayali).


Thursday, December 2, 2010

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Details the payment of maintenance

CONSTITUTIONAL COURT. To avoid vulnerability to the right of free transit.

Calls actions less burdensome issue, but equally satisfactory


Impairment departure is not the most appropriate measure, says TC
The ban from leaving the country is not the most appropriate measure to ensure the payment of alimony, established the Constitutional Court (TC), after declaring founded claim for habeas corpus made by a father who came to fulfill this obligation, but that in civil proceedings other guarantees required of it in an objective without specifying what those, which was proven infringement of the right to freedom of transit.

The Collegiate, thus, considered to have violated the constitutional right to free passage of the applicant because it was for the judge to assess the food processing, a Once issued the sentence, measures less burdensome but equally satisfactory and then consider a measure of impediment to leave a duly reasoned decision, referred the sentence handed down in the 00213-2010-PHC/TC No. Exp.

However, in the case under review, continued the prohibition to leave the country against the plaintiff, enacted to ensure compliance with the payment of advance allocation of food, even when there was already strong judgment by ordering the appellant paid the equivalent of 40% of all income, even more so when their workplace meeting came to court as the discount was credited on the record, in addition to having been arrested 50% of CTS.

This decision confirms an earlier approach advanced by the court, through the sentence passed in Exp No. 04679-2009-PHC/TC, which stated that "(...) the courts should exercise appropriate mechanisms to ensure compliance with the payment of alimony, may, if appropriate, issue even to the impediment of departure. However, this measure can not be maintained indefinitely, which would mean an undue restriction on the right of freedom of transit (...)".

is so, then, that the prohibition to leave the country, as an interim measure that restricts the right to free movement of the person established by judicial decision motivated to ensure payment of the anticipated allocation of food (a temporary measure on the merits ), is extinguished when issued final decision, so it can not pass protect full payment of alimony upon issuance of the sentence, at least to issue a new resolution giving reasons.

reelected Carlos Mesia
The full Constitutional Court, with the concurrence of all judges, elected yesterday to the doctor Carlos Mesia Ramirez as president of this important constitutional body. While he was appointed as Vice President Dr. Ernesto Alvarez Miranda and director of the Center for Constitutional Studies (CEC) Judge Eto Gerardo Cruz. In the coming days, will announce the date for the swearing-in style.
In this regard, Judge Ramírez Mesia said their main challenge will be to achieve the "zero case load." "The zero load would be an important milestone in the justice system in Peru, because no institution has reached, remember that the judiciary has a load of 2 million records, and the Public Ministry a similar figure, "he said.
Another priority will also be the construction of new premises of the institution to continue the development of technological processes, so that in the near future the college can issue notifications by e-mail and even cell phone. In addition, he reiterated, would be important to establish the virtual file, among others.
The election was held in closed session at the corporate headquarters and the announcement was made by the secretary general, Francisco Morales, on behalf of the full judges.

The dossier said
TC nullify the ruling by the Second Family Court for upholding the decision issued by the Third Court of Peace Counsel Surco and San Borja.

also decided that the Third Court of Peace Counsel Surco and San Borja resolve the legal status of the defendant at the end concerning the prohibition to leave the country in accordance with the sentence passed in Exp No. 00213-2010-PHC / TC.