Revista Derecho is an annual publication of Aequus Editorial, the publishing label of the Faculty of Jurisprudence and Social Sciences of the University of El Salvador, with the aim of creating a space for academic discussion on topics of interest in the field of Legal Sciences.
The authors transfer the copyright rights in favor of the Faculty of Jurisprudence and Social Sciences of the University of El Salvador (through Aequus Editorial) to include their writing in Revista Derecho.
El texto presenta la nueva edición de la Revista Derecho de la Universidad de El Salvador, publicación académica dedicada a la reflexión crítica sobre temas jurídicos nacionales e internacionales. Se destacan ocho artículos originales que abordan desde el desplazamiento forzado y la mediación penal hasta la racionalidad normativa, el principio de proporcionalidad y las innovaciones en el régimen societario salvadoreño. La revista reafirma su compromiso con la excelencia académica, la investigación y la difusión del conocimiento científico en el campo del Derecho.
publicaciones científicas, derecho, investigación jurídica, reflexión académica, Universidad de El Salvador
Copyright (c) 2025 Revista Derecho https://creativecommons.org/licenses/by-nc/4.0
Acciones procesales a partir de las innovaciones introducidas en el régimen societario salvadoreño
La introducción de las Sociedades por Acciones Simplificadas (SAS) en el ordenamiento jurídico salvadoreño, responde a la obligación del Estado de promover el desarrollo económico, fomento y protección de la iniciativa privada, dinamización de la economía mediante la formalización del comercio en pequeño y garantizar de esa manera la competencia en el mercado. Las reformas incorporadas, sugirieron, inicialmente, de una modificación al concepto legal que se había adoptado por el Código de Comercio de El Salvador sobre sociedades, y se deja de un lado la consideración de éstas como contrato, convirtiéndose en declaración unilateral de voluntad dentro de la teoría del acto jurídico, pues permite la constitución con la voluntad de un solo socio. Así mismo, las reformas que incorporan las SAS, implementan una simplificación en los trámites de constitución, tanto en el documento constitutivo que ahora se presenta para estas sociedades mediante formularios, así como en otros aspectos relativos al capital social inicial, y la posibilidad para éstas de celebrar Asambleas Generales de manera virtual, adjudicando a él o los socios la máxima libertad contractual y la incorporación de la inoponibilidad jurídica societaria de forma específica, regulando los escenarios de aplicabilidad. Dichas incorporaciones son analizadas mediante este escrito, de forma comparativa con las sociedades anónimas y mediante el derecho comparado.
sociedades por acciones simplificadas (SAS), derecho societario, asambleas generales virtuales, inoponibilidad de la personalidad jurídica societaria, reforma mercantil, formalización empresarial
The witness with opportunity and reserved identity criteria and compensatory measures to safeguard the right of defense in criminal proceedings
The criterion of opportunity constitutes an exception to the principle of the obligatory prosecution of public action crimes. In criminal procedural legislation, different scenarios are regulated in which this criterion applies, some based on the lack of necessity for a criminal sanction from a general and special preventive perspective (which occurs, for example, when the author or participant has received a natural penalty as a consequence of the crime); other scenarios, on the other hand, are based on strictly utilitarian reasons, such as the aim of effectively clarifying the criminal act and prosecuting those responsible for it. It is precisely with this purpose that the Salvadoran legislator has regulated the figure of the witness with the criterion of opportunity, also known as "informant co-defendant," "crown witness," "repentant," "effective collaborator," "criteria witness," among a variety of terminologies that are alternatively used to designate the co-defendant who decides to effectively collaborate in the investigation by denouncing the other authors and participants involved in the crime. In this article, we analyze to what extent the admission and evaluation of the informant's statement, whose identity will often be kept confidential, negatively impact the right to defense, identifying, moreover, the essential compensatory measures to safeguard the aforementioned right in the criminal process.
opportunity criterion, right of defense, reserved identity, compensatory measures, criminal process
Application and scope of the Principle of Proportionality in Administrative Sanctioning Law
The principle of proportionality constitutes a parameter or guarantee for citizens in that the actions of the Public Administration must be consistent with the pursued objectives and the impact on citizens' rights. Traditionally, proportionality has been considered a guarantee in the criminal field when punishing behaviors constituting crimes and offenses. However, when the Public Administration exercises sanctioning power, it is essential to apply its main aspects and understand its dimensions and scope when sanctioning a person for administrative infractions. In this sense, the present article addresses the conceptualization and definition of the principle of proportionality, then distinguishes between the different types of proportionality that must be guaranteed. Subsequently, the subprinciples that are part of the proportionality test and their application in the discretionary and regulated powers of the Public Administration focused on the sanctioning field are addressed, under a doctrinal, normative, and jurisprudential analysis according to the experience of El Salvador.
principle of proportionality, sanctioning power, public administration, sanctioning administrative law, administrative discretion
Simplified Joint-Stock Companies in El Salvador: flexibility in their constitution and the scope of lifting the corporate veil
The development of foreign corporate regimes, from Europe to the United States of America, provided fertile ground for the Organization of American States to draft a model law with a structure for Simplified Joint Stock Companies, which was adopted by its Member States. In El Salvador, the Legislative Assembly enacted the Simplified Joint Stock Companies Act, representing a corporate regime with a new form of association, with a minimum capital requirement and other specific characteristics. In this regard, SAS companies generate uncertainty as to whether they can be used for financial crimes, and this is where the theory of lifting the corporate veil comes into play. The sole purpose of corporate veil piercing is to hold the partners, the natural persons who constitute a company, liable for all these infringements and illegal acts so that they are liable with their personal assets. However, there is no express legal provision regulating the theory of corporate veil piercing, and the closest thing to its development is found in a provision on SAS companies in the Commercial Code. With the implementation of this new type of company, there are favorable arguments, such as their flexibility and transparency, and unfavorable arguments, such as the existing risk of undercapitalization. SAS companies are also subject to state supervision and controls in order to prevent and control aspects that could be exploited to commit illegal acts.
corporate regime,lifting the corporate veil, simplified joint stock companies (SAS), under-capitalization, corporate flexibility
Good regulation vs. regulatory irrationality in El Salvador
Approving, reforming, interpreting, or repealing the legal framework that regulates social behavior and guarantees coexistence is one of the basic functions of any government in general and the Legislative Body in particular. Generally, it is the Legislative Assembly that, prior to the law-making process, approves laws in El Salvador; but, exceptionally, the Public Administration issues regulations and other legal norms. The effectiveness of the legal system is linked to its system of sources, meaning that the norms must respond to the reality they intend to regulate; otherwise, they will be ineffective, in force, but not positive. The principle of good regulation must be present in the development of the normative system; its respect is a duty of the officials who exercise normative power, and it is a right of society. The norms must be subject to the essential values of society, particularly justice and human dignity; therefore, any norm that deviates from this is irrational. The norms analyzed in this article are questioned based on whether they center on the dignity of the person or, on the contrary, deviate from it.
regulatory framework, principle of good regulation, regulatory irrationality, legal system, Legislative Assembly, human dignity, regulatory power, El Salvador
The eternal embryo of criminal mediation in Spain.
Given the time that has elapsed since the enactment of the seed of mediation within criminal proceedings in Spain, this paper analyzes its implementation in the criminal justice system, highlighting, unfortunately, its lack of regulation. The method used to prepare this article was the study and analysis of European Union and Spanish legislation on criminal mediation, resulting in scientific evidence. Criminal mediation in Spain, although it could be a reality, has been in an incipient and embryonic state since 2015, leading us to conclude that the Spanish legislature, far from showing a real interest in restorative justice, has not done any significant work on the regulatory framework, implementation, or development of this important justice mechanism.
criminal mediation, restorative justice, victim, offender, alternative dispute resolution
Impeachment v/s cross death in Ecuador, Guillermo Lasso.
This academic article describes a series of actions related to the political sphere, mainly the form of government and the maintenance of social and institutional control. Hence, the topic at hand is “impeachment versus cross death.” Of course, to provide some context, it is important to establish that actions in this area are determined by the Constitution, which is facing problems between government bodies and in which society plays an important role. This means that resolving problems in which a government body participates alongside society, or each acting individually but along the same lines, leads one to consider the complexity of the phenomenon, which presents the government with a major challenge to overcome. This is the case of former President Guillermo Manuel Lasso in Ecuador, who, upon his arrival in office as a result of a second round of voting, faced a series of street protests against him. At the same time, the National Assembly was also preparing to impeach him. In this context, the events described above led former President Guillermo Lasso to decide to use his last resort: to dissolve the National Assembly.
political accountability of the executive branch, dissolution of parliament, institutional crisis, democratic governance, social protest, separation of powers
Restitution of rights of people in a condition of internal forced displacement, municipality of San Salvador, 2024.
Internal forced displacement is identified as a factor contributing to multiple human rights violations, and the State, as guarantor, must take positive action to comply with international human rights standards. This qualitative, descriptive research was developed, with a social legal analysis, in order to analyze the actions implemented by the Salvadoran State following the ruling issued by the Constitutional Chamber and the subsequent entry into force of the Special Law for the Prevention and Comprehensive Protection of Persons in Conditions of Internal Forced Displacement. The categories of analysis were: internal forced displacement, the legal framework, and the National System for Comprehensive Care and Protection of Persons in Conditions of Internal Forced Displacement. New causes and actors of internal forced displacement were identified, and a database was created to integrate information and provide an effective response. The implementation of a monitoring system to identify progress, challenges, and obstacles that place people at the center of decision-making in order to achieve effectiveness is unavoidable. It is essential to allocate budgetary resources based on an assessment of the competencies of the institutions that make up the system, taking into account the progress made and the challenges faced, in order to generate actions at the local and national levels that will lead to the restoration of rights and ensure that rights are adequately guaranteed and permeate society.
forced displacement, internal forced displacement, legislation, human rights, public policy
Revista Derecho, vol.9 (2025) (Edición Especial)
La Edición Especial de la Revista Derecho (Vol. 9, 2025) destaca el compromiso académico y social de la Facultad de Jurisprudencia y Ciencias Sociales de la Universidad de El Salvador y de la Procuraduría General de la República en la promoción de un Derecho del trabajo más justo, humano y adaptado a los nuevos desafíos del ámbito laboral. Los artículos incluidos analizan problemáticas actuales como el acoso laboral, la efectividad de la normativa vigente y los vacíos legales frente al trabajo digital, proponiendo soluciones orientadas a la dignidad humana, la justicia social y la protección de los derechos de las personas trabajadoras. Esta publicación reafirma la importancia del conocimiento jurídico como herramienta de transformación social y de fortalecimiento del Estado de derecho en El Salvador.
derecho laboral, justicia social, derechos humanos, Procuraduría General de la República, dignidad humana
Imposition of fines for non-compliance with labor obligations by the employer
Labor relations between employer and employee generate rights and obligations for both parties, governed by a contractual regime that establishes the fundamental principles of the legal relationship. Labor law, by its protective nature, guarantees minimum rights that arise mandatorily in any employment relationship, without preventing them from being improved through agreements between the parties. Labor legislation, being of public order, ensures the effective realization of these rights in order to protect the employee, who is considered the most vulnerable party. Non-compliance with labor obligations by the employer constitutes an infringement that must be administratively sanctioned in order to preserve the objectives of labor regulations. This article focuses on the legal consequences arising from the employer’s breach of obligations, without excluding other possible sanctions. Article 627 of the Labor Code regulates an administrative sanctioning procedure to ensure compliance with labor obligations, considering that the employee is generally the aggrieved party. This procedure was reformed to increase the effectiveness of sanctions by raising fines that, in the past, did not dissuade employers from failing to fulfill their responsibilities, and by adjusting them according to the offender’s economic capacity and the size of the company. The study will analyze the obligations of employers, the procedures for reporting non-compliance, and the application of sanctions, assessing the effectiveness of these measures and their impact on the protection of labor rights.
derecho laboral, multas, empleador, trabajador, obligaciones contractuales laborales, demanda, sanción
Igualdad de remuneración y la brecha salarial entre mujeres y hombres de El Salvador
El presente artículo tiene como propósito la investigación y análisis de la igualdad de remuneración y la brecha salarial existente en El Salvador entre mujeres y hombres; mediante datos estadísticos del Banco Central de Reserva de El Salvador, el Foro Económico Mundial y del Ministerio de Educación, documentos académicos sobre la materia y marco jurídico nacional e internacional; así como el papel del Estado en la eliminación de todas las formas de discriminación. La igualdad como derecho fundamental juega un papel importante en la retribución que reciben los trabajadores al realizar una labor. Sin embargo, se ha identificado que existe una brecha salarial entre mujeres y hombres aun cuando el trabajo que se realiza es el mismo. Por esta razón, se establece un recorrido por la evolución de los desafíos y dificultades que enfrentaron las mujeres, hasta la consolidación de sus derechos y logros para mejorar su estatus económico, político y social. Asimismo, se realiza un estudio del marco jurídico nacional y de los convenios en la materia suscritos por El Salvador, que dan paso a una retribución equitativa y se analizan las estadísticas de la Encuesta de Hogares de Propósitos Múltiples, las cuales arrojaron evidencia de una brecha salarial persistente y estrechamente relacionada con la igualdad de acceso a un trabajo, educación y participación política. Finalmente, se brindan algunas conclusiones desde el punto de vista teórico.
remuneración, igualdad, brecha, discriminación, mujeres, derechos
Derechos laborales de los teletrabajadores en el sector privado en El Salvador
El teletrabajo no es un tema nuevo, pero sí lo es, su integración con las innovaciones tecnológicas en los lugares de trabajo, enfocadas en los derechos de los trabajadores bajo la modalidad a distancia. El teletrabajo se ha convertido en un fenómeno a nivel mundial, acogido exitosamente por muchas personas como una oportunidad laboral. Entre los argumentos a favor de esta modalidad suelen mencionarse aspectos como la flexibilidad de horarios, el ahorro de tiempo y dinero en desplazamientos, y la posibilidad de adaptar la agenda en función de las necesidades laborales de la persona. En el presente artículo se abordan las modalidades del teletrabajo, así como el marco normativo de las mismas, su funcionamiento y las oportunidades que ofrece al optar por esta propuesta laboral. Asimismo, se brinda una descripción de la situación actual de la implementación del teletrabajo en centros de trabajo o telecentros de empresas del sector privado de San Salvador, tomando como referencia aquellas dedicadas a los sectores financiero y de telecomunicaciones, que sirvieron como base para elaborar conclusiones y recomendaciones. Finalmente, se establecen los mecanismos y procedimientos de protección de los derechos laborales de las personas bajo esta modalidad, así como las leyes nacionales e internacionales que respaldan el compromiso del Estado salvadoreño de velar por su fiel cumplimiento y garantizar la protección de los derechos laborales de los teletrabajadores.
tecnología, garantía, vulneraciones, normativa, teletrabajo, derechos laborales
Declaration of closure or abandonment of maquilas in the free trade zones of El Salvador
This research presents an analysis of the supplementary application of the Labor Code, the Industrial and Commercial Free Zones Law, and the Civil and Commercial Procedural Code regarding legal gaps in cases of closure or abandonment of maquilas in the free zones of El Salvador, as this situation is not regulated. Based on this, the research compiles the current status of some cases, the procedures that have been followed, and the opinions of organizations that advocate for the interests of workers in the maquila sector. Additionally, a proposal is made to address situations that generate legal uncertainty for Salvadoran workers in the maquila sector.
abandono, cierre, incertidumbre jurídica, trabajador, reforma
The right to employment stability in the new special Law for the Inclusion of People with Disabilities in the private sector
The purpose of this research is to emphasize the ongoing struggle that individuals face in having their rights recognized and in eliminating the barriers and prejudices that prevent people with disabilities from fully developing in all areas of their lives. The starting point of this research is the issue of the right to job stability for people with disabilities, an aspect considered quite recent as, with the enactment of the Special Law for the Inclusion of Persons with Disabilities, this right is specifically incorporated in Article 68. Therefore, through this research, important aspects will be addressed, such as the person with a disability, international regulations and Salvadoran legislation on the subject, definitions, employment and types of work they should engage in, accessibility means, ways to prove their employment, job stability in cases of unjust dismissal, among others. To do this, the right to access public information will be utilized to approach state institutions such as the Ministry of Labor and Social Welfare, the Office of the Attorney General for Human Rights of El Salvador, the National Council for the Inclusion of Persons with Disabilities, and the Salvadoran Institute for Comprehensive Rehabilitation, thereby allowing the collection of information that will serve as the basis for the development of this topic.
derecho, estabilidad laboral, despido, persona con discapacidad, discapacidad, inclusión, empresa privada, contrato, accesibilidad
The degree of effective application of the Regulatory Law on Economic Benefits for Voluntary Resignation
This article aims to address one of the reasons why an employment relationship ends and how it is applied in El Salvador. In the country, there is a legal framework called the Ley Reguladora de la Prestación Económica por Renuncia Voluntaria (Regulatory Law on Economic Benefits for Voluntary Resignation), which governs the right enshrined in Article 38, N.° 12 of the Constitution of the Republic of El Salvador. This law provides the parameters for workers to exercise the right to resign and the right to economic compensation for the time worked. Despite its legal regulation, there are socioeconomic factors that hinder compliance with this norm, such as the lack of knowledge by workers about their labor rights, pressure not to resign for fear of retaliation or loss of benefits. Economic instability may cause workers to feel compelled to remain in their jobs, even if they are unsatisfactory. In this context, the aim is to verify the degree of compliance and application of this law and to develop the main advances and challenges encountered.
trabajo, relación laboral, renuncia voluntaria, compensación económica, derechos, obligaciones.
The degree of identification of workplace violence based on gender
In the broad field of labor, through both formal and informal legal relationships, many women experience workplace violence without realizing it: they do not identify behaviors that constitute this phenomenon, or they choose not to act or set boundaries for fear of dismissal, since losing their job means being unable to provide for their households. Employment relationships require women committed to their profession to devote part of their time to interacting with violent co-workers—relationships that can dismantle a healthy work environment and turn it into a hostile one. These dynamics hinder women’s professional advancement through verbal disqualification, hostility, psychological abuse, mockery, sarcasm, and even threats of dismissal for assuming gender roles such as motherhood and marriage—actions that constitute manifestations of workplace violence against women. This article seeks to simplify the identification of the different types of violence experienced by working women in the workplace, exploring—through a historical perspective—how doctrine and the legal framework assess the degree of awareness women have regarding their labor rights, particularly those related to workplace violence. Based on this analysis, it proposes appropriate legal recommendations aimed at ensuring that the competent authorities guarantee the enforcement and enjoyment of the rights recognized in national law—such as the Special Comprehensive Law for a Life Free of Violence for Women (LEIV)—as well as in applicable international regulations, notably Convention No. 190 of the International Labour Organization (ILO) concerning the elimination of violence and harassment in the world of work.
violencia laboral, violencia psicológica, derecho laboral, trabajadora, maltrato psicológico
The differences and similarities between mobbing and sexual harassment towards women in the workplace
The purpose of this research article is to analyze the differences and similarities between workplace harassment and sexual harassment directed towards women in the Salvadoran workplace. A retrospective on the origin of harassment against women, both in the workplace and in the sexual sphere, is presented. This phenomenon is also examined from a psychological perspective, which will be considered in the development of the writing. For this comparative study, it is important to examine the historical background, both nationally and internationally, regarding workplace harassment towards women, which sets the foundation for sexual harassment, creating a problem that transcends the legal sphere. Therefore, addressing this issue is both important and necessary. In this context, a conceptual approach to the issue is made, focusing on how it should be understood doctrinally and legally, with the understanding that it is applied differently in Salvadoran secondary legislation. General aspects of both concepts are addressed, their characteristics, the elements that have allowed their incorporation into the legal field, the types and stages, as well as the national regulatory framework that supports the protection of women. It also analyzes national jurisprudence and the development of the Special Comprehensive Law for a Life Free of Violence for Women (LEIV), which must be observed when interpreting the norms or provisions of the Labor Code. In addition, the article establishes that the provisions of the Labor Code are applicable to all labor relations, whether in the public or private sphere, and emphasizes that these rules cannot be waived or modified to the detriment of workers.
derecho laboral, derechos de la mujer, acoso sexual, acoso laboral, trabajadora
In this edition of Revista Derecho, the Faculty of Law and Social Sciences at the University of El Salvador, through its publishing label Aequus, includes valuable articles and a paper based on research by our academic staff and foreign legal scholars, friends of this institution. These works, with scientific rigor, reflect, analyze, and propose current and significant legal topics. We have no doubt that they constitute a new and important contribution to the legal community in general and to ours in particular.
Copyright (c) 2024 Revista Derecho https://creativecommons.org/licenses/by-nc/4.0
Compliance as a Mechanism for Preventing Corruption
Compliance is a control system that seeks to ensure organizations adhere to legal and ethical standards, both in corporate and governmental spheres. Historically, the concept has evolved from an administrative tool to a key strategy in the fight against corruption. Compliance programs include essential elements such as risk identification, internal policies, and the role of compliance officers. These programs are vital for preventing corrupt practices through ongoing oversight and the establishment of clear procedures. Normatively, compliance is supported by international frameworks such as the UN Convention Against Corruption, the US Foreign Corrupt Practices Act (FCPA), and the UK Bribery Act. At the national level, many jurisdictions have adopted their own regulations to reinforce the fight against corruption. Additionally, ISO 37001:2016 provides an international standard for anti-bribery management systems, offering tangible benefits for businesses and governments. Compliance is particularly relevant in high-risk sectors such as public procurement and regulated industries (banking, energy, telecommunications). Technology has transformed this field through tools like artificial intelligence, blockchain, and whistleblower platforms that enhance transparency and protect whistleblowers. However, the effective adoption of compliance programs requires overcoming cultural and regulatory barriers and depends on the ethical commitment of top management. In conclusion, compliance is a fundamental pillar in the prevention of corruption. As organizations face new challenges, these systems must adapt to continue ensuring integrity across various economic and governmental sectors.
The new legal framework for administrative resources in the context of procedural reform in Cuba
The recent approval of the Administrative Procedure Law in Cuba takes on a special significance within the framework of the reforms being developed in the public sector. This represents an essential prerequisite for organizing the operations in the Public Administration to serve the general interest. At the same time, this legal provision establishes the general bases for regulating the legal regime of administrative appeals in Cuba, aimed at protecting the legal rights of individuals and ensuring administrative oversight, which is a fundamental premise for improving legaladministrative relations. From this perspective, the work presented starts from the main legal transformations that have occurred in the national public sphere, as well as the imbalances observed from a theoretical-practical standpoint in the legal organization of administrative resources. This aims to highlight the extensive opportunities offered by the current regulation, as well as the key challenges for its effective implementation and realization.
The challenges of law in the face of quantum information: some perspectives on the new legal role
Historically, with the advent of technology, humanity has shown that technological change has also impacted social, economic, and political change, fundamentally affecting and reconfiguring power relationships. Quantum computing emerges as one of the most advanced phenomena that will introduce changes in all aspects of human life. The underlying idea behind the emergence of quantum computing lies, like any new technological tool, in a primary bewilderment at the power it entails and the force of its rise. Its processing, adaptation, and governance require precise but also controlled transformations. This is where the field of Legal Sciences must once again propose and adapt legal norms and values to these ends, without stifling technical development, while establishing ethical-moral and procedural principles. The combination with other technologies, such as Artificial Intelligence, presents an even greater challenge in this area. The objective of this article is to attempt to account for the type of emerging technological development we are facing and from which guidelines we can approach it, for the purposes of its regulation, without losing sight of the reconfiguration of relationships that this entails, even in the legal realm.
Compliance and Prevention of Money Laundering in El Salvador
Since its initial classification at the international level, the crime of money laundering has undergone a process of expansion not only regarding the criminal activities that generate dirty assets but also concerning the behaviors that have been criminalized. In most countries within our cultural context, behaviors such as acquiring, possessing, or using goods of criminal origin have been penalized, even though the Vienna Convention of 1988, the Palermo Convention of 2000, and the Merida Convention of 2003 did not require states to criminalize such conduct. In some jurisdictions, even negligent behaviors related to money laundering have been criminalized. The same has occurred with the duties imposed on obligated parties —primarily businesses— which are essentially forced to cooperate in the crime prevention strategy by establishing programs that contain policies, controls, and procedures aimed at detecting and reporting suspicious money laundering operations. These expanding, intensifying duties imposed on more subjects constitute the focus of compliance in the prevention of money laundering. This article analyzes the basic elements of compliance in this area, first addressing the origin of the crime prevention strategy designed at the international level, highlighting how it was adopted in El Salvador and to what extent it reflects a criminological approach to situational prevention.
The opposition between power and violence in the restructuring of the historical center of San Salvador from the theoretical perspective of Hannah Arendt
The article addresses the relation between power and violence in the context of the history and politics of El Salvador, specifically in the conflict over the restructuring of the historic center of San Salvador, where informal vendors occupied public spaces for decades. Hannah Arendt's vision of violence as a means to achieve immediate ends, but neither legitimate nor lasting over time, stands out. Since colonial times, violence has been used (instrumentalized) by those who control political power to subjugate others. In El Salvador, political and social conflicts have been recurrent, with marginal groups resorting to violence when they are excluded from decision-making and opportunities. The State has also exercised so-called legitimate violence as a tool of control. But Arendt argues that power and violence are opposites: while power arises from the agreement between people, violence is instrumental and can destroy power. In the case of the historic center of San Salvador, municipal governments attempted to evict informal vendors by force, but these actions did not achieve lasting solutions and generated more conflict. Only through dialogue and negotiation between vendors and the municipal government was a peaceful and voluntary evacuation of public spaces achieved, returning power and control to the local government. This illustrates Arendt's idea: power is based on consensus and is lost when violence is resorted to indiscriminately.
Citizen participation, social comptroller, and civic education in El Salvador
This article generally addresses the issue of citizen participation, education and social control in El Salvador from three main points: first, it discusses the concept of citizen participation and transparency; second, it examines citizen participation in municipal governments, which is related to advances in information and communication technologies through e-government and open government as new tools for public management; finally, it explains the impact of civic education from schools in shaping individuals with strong moral and civic values that promote a democratic and transparent society.
Criminal compliance for the prevention, detection, and control of money laundering, financing of terrorism, and weapons of mass destruction in El Salvador
Since June 2021, and in the context of corporate compliance programs, El Salvador has taken on a significant role in regulating criminal compliance for the prevention, detection, and control of money laundering and the financing of terrorism and weapons of mass destruction. This criminal compliance program in El Salvador has been driven by three factors: the first factor is a global effort led by international organizations to prevent and combat money laundering and the financing of terrorism and weapons of mass destruction; the second factor is the increasing idea of expanding the scope of criminal law to include legal entities as economically responsible subjects; and the third factor pertains to the use of compliance programs as tools to manage risks arising from the economic activities of these agents in their business operations. The article discusses several aspects of criminal compliance, such as the benefits of its implementation by legal entities as a risk management tool, its role in fostering a culture of regulatory compliance, and its impact on the potential exemption or mitigation of criminal liability for legal entities, as well as its use as evidence in criminal proceedings. This analysis is based on the regulations established in criminal law and related compliance legislation.
Good governance and the right to education
Education, a fundamental human right for all individuals, is provided through the organization and functioning of the essential public education service. It is delivered by the public sector in conjunction with the private sector, in which case the State, through the Ministry of Education, Science, and Technology, acts as the regulatory body for the service. This bibliographic research aims to determine whether, in any of the service delivery modalities, the State, through the Ministry of Education, Science, and Technology, and other public entities involved in the public education service, fulfill the duty of good administration, which is also seen as a guiding principle of administrative activity and as a right of citizens.
Copyright (c) 2023 Revista Derecho https://creativecommons.org/licenses/by-nc/4.0
Technology applied to the protection of fundamental social rights: some experiences in Argentina, Colombia, Spain y Georgia
The use of new information and communication technologies is increasing. Respecting the principle of good administration is a right of citizens, which translates into profound changes in the management of fundamental social rights. Here are described some innovative blockchain applications implemented by the state organizations of Argentina, Colombia, Spain, and Georgia. Their development is a challenge for modern democracies.
ICT as a means for new crimes against women
This article focuses on crimes that have been facilitated due to technological advances, especially those that use Information and Communication Technologies (ICT) to affect the legally protected right to a life free of violence for women. To address this, the current regulations governing behaviors related to the infringement of this right have been reviewed. Currently, continuous violations of women's rights persist, and the situation is alarming because violence is no longer confined to domestic or community settings but also spreads through the use of various electronic means, giving rise to new forms of violence against women that undermine their dignity, integrity, and freedom. Within the Salvadoran legal framework, there are different regulatory bodies such as the Penal Code, the Special Law for a Life Free of Violence for Women, which was subsequently strengthened with the introduction of the Special Law Against Computer Crimes to specifically address and punish the types of violence that affect women in all spaces, including the cyber realm. This intersection between criminal legislation and gender protection demonstrates a comprehensive approach to addressing the issue but may not be sufficient. These legal provisions conduct a thorough analysis of the conditions that must be met to constitute a crime that affects the protected legal right. Thus, they aim to ensure that women can live without the fear of any type of violence, including physical, psychological, emotional, symbolic, economic, patrimonial, sexual, femicidal, and even violence exercised through electronic means, and that their rights are respected in all areas of society. It is essential to emphasize that the fight against cybercrime and gender-based violence is a global effort. International cooperation and agreements signed by our country are crucial to ensuring gender equality and eradicating violence against women worldwide.
Impunity: the issue of the extraneus penalty in the crime of embezzlement
This academic article holds as a fundamental premise the multilateral and constant debate on the punishment or sanction of outsiders in special self-owned crimes, evaluating the elusive stance on an effective solution to the problem of impunity generated through the noticeable increase in the participation of individuals who do not have special status in such crimes. Based on the above, it presents the domestic regulatory landscape on this issue, along with the doctrinal difficulties arising from the absence of special status despite the necessary or direct contribution to the commission of the act. In this regard, two objectives guide the article. The first one is to analyze the theory of the communicability of circumstances and the status of the extraneus in the commission of the crime of embezzlement within the context of authorship and participation. The second is to highlight the practical problems stemming from the lack of treatment of the attribution of authorship to the extraneus in our regulatory system. With respect to these objectives, the text compiles an analysis of the doctrinal aspects of economic criminal law applicable to the treatment of extraneus and intraneus, as well as the domestic jurisprudential perspective on this matter, thus revealing normative gaps and criticisms in this context. Therefore, a qualitative research method with an applied research model has been used, given the increase in corruption at the national level in recent years, which demands regulatory adjustment based on demonstrative evidence from material sources that acknowledge the extensive participation of third parties in special crimes. The lack of possible condemnation alternatives would intrinsically facilitate impunity and, subsequently, corruption.