Omnia Journal

Editorial

Victor F. Toledo — Mon, 27 Oct 2025 08:58:30 -0300

Ser o no ser de las medidas de seguridad.

Diego Leonel Feustel — Tue, 30 Sep 2025 00:00:00 -0300

The purpose of this work is to determine whether, following the enactment of the National Mental Health Law, the security measures provided for in Article 34, Section 1 of the Penal Code and the dualist system of Argentine criminal law remain fully in force today. To this end, the study begins with a genealogy of security measures as penal institutions, examining their application and scope within national positive law. Subsequently, the validity of imposing security measures through dismissal or acquittal under Article 34, Section 1 of the Penal Code is analyzed in relation to both international human rights treaties and the National Mental Health Law. Through this normative analysis, points of connection have been identified that support not only the validity of the coexistence of both legal frameworks but, more importantly, the fact that the incorporation of the National Mental Health Law has strengthened the rights and guarantees of individuals subjected to security measures due to mental health conditions.

Parliamentary Diplomacy in Latin America during Pandemic Times

Federico Pablo Piana — Tue, 30 Sep 2025 00:00:00 -0300

Regional parliaments in Latin America have emerged as fundamental actors in promoting integration and cooperation among countries, promoting democracy and sustainable development. These institutions facilitate the representation of local and regional interests, adapting legislation to the specificities of each area. However, the COVID‑19 pandemic in 2020 posed significant challenges, compelling these bodies to adjust to new realities. The necessity to modify internal regulations to facilitate legislative work in a context of social distancing was crucial. This article aims to explore how these parliaments confronted these challenges and what changes they implemented to continue their legislative duties during the global health crisis.

Un An independent judiciary, does it contribute to strengthening peace in the region?

Roberto Daniel Rossi, Hernan Alejandro Zuazo — Tue, 30 Sep 2025 00:00:00 -0300

The aim of this paper is to clarify whether, in order to contribute to preserving peace in the European Union (EU), which is a legal construct governed by the rule of law (compliance with the law), it is important to have an independent judiciary.

Thus, in developing this research, we defined the type of peace the EU seeks (positive and negative peace), established the meaning of the concept of the rule of law —compliance with the law—, and explained the idea of judicial independence, whose fundamental characteristics arise from the jurisprudence of the Court of Justice of the European Union and are applicable to all European judges, so that their functions can be carried out with complete freedom; that is, without being influenced by pressure from other branches of government or from different types of corporations, including economic, union, professional, or from the internal structures of the judiciary itself.

Therefore, we conclude that without independent judges who can enforce the law in the region, it is very difficult to preserve peace in a community characterized by its cultural, social, economic, legal, and political heterogeneity, among others.

Inversión bruta Private Gross Fixed Investment, Gross Domestic Product and the monetary policy reference rate in Peru

Gustavo Trujillo Calagua — Tue, 30 Sep 2025 00:00:00 -0300

The relationships between variables in the real and monetary sectors are essential for the design and planning of economic policy where variables converge to linear, homogeneous, and parsimonious behavior. The objective is to study the relationships between the monetary policy reference rate, gross domestic product (GDP), and private gross fixed investment for the quarterly period 2004-2023, obtained from the Central Reserve Bank of Peru; for this purpose, an autoregressive vector model is estimated. The results obtained show that the coefficient of private investment with GDP for the previous period is -0.006, with private investment for the previous period is 0.92, with the reference rate for the previous period was -342.9, and with the constant was 3610.5. It is important to mention that the R2 was 0.8517. By implementing the second objective of VAR modeling, variance decomposition, we were able to decompose the variance of endogenous variables into components that isolate the percentage of variability in an endogenous variable explained by one of the “innovations” for different prediction horizons. Finally, it was observed that the variables included in the regression had the expected signs and adequate statistical significance.

Crónica de una prisión anunciada

Manuel Espinal — Tue, 30 Sep 2025 00:00:00 -0300

The purpose of this article is to try to exhibit and demonstrate from a real case the consequences of the existing tensions between the powers that emerge in Law 26061 (Comprehensive Protection of the Rights of Children and Adolescents) in favor of the administrative bodies conceived as executing authority and those legally assigned to criminal judges by Law 22278 (Minority Criminal Regime).

Specifically, the purpose is to exemplify how passivity and inaction —which are often hidden under the guise of an overlap of powers provided for in the various laws that come into play, which in reality is not the case— conspires against the best interests of the child for which the State must ensure (article 3 of the Convention on the Rights of the Child of constitutional hierarchy as provided in article 75, paragraph 22 of the National Constitution).

Unimpeachable minors and powers of the criminal judge

Florencia Ungra, Fabiola Columba — Tue, 30 Sep 2025 00:00:00 -0300

In this article we will focus on the doctrine from some judicial precedents -provincial and national- in order to show what were the foundations in favor of a criminal judge disposing of children who have engaged in criminal activities and who are unimpeachable due to their age. At the same time, we will present the reasons of others who have a contrary position, that is, who deny these powers, referring the matter to civil and/or administrative jurisdiction.

Español

Federico de Singlau — Tue, 30 Sep 2025 00:00:00 -0300

This article is a review of Environment and Childhood,a collective work compiled by María Elisa Rosa y Rosa Inés Torres Fenández, published by Ediciones Universidad Católica de Salta in 2024.