Juris Studia https://revistas.univalle.edu/index.php/iuris <p>Juris Studia is an international open access journal; scientific and arbitrated that publishes original works in the field of Legal Science both in the field of public law and private law. The journal publishes research in Spanish, English, Portuguese and French; maintains a flow of calls continues to publish on a semi-annual basis. Juris Studia has the objective of becoming an international reference in Legal Science, directing its publications to: Judges, Researchers, Public Officials, Professors and students in the field of law, which is why it receives works consisting of: letters to the editor, articles originals, bibliographic reviews, jurisprudential comments and legislative comments.</p> <p> </p> <p align="center">Call for papers for the next issue Vol. 1 No. 2. Submission details are outlined in <a href="https://revistas.univalle.edu/index.php/iuris/about/submissions">the following link</a>.</p> <p> </p> <p align="center">This journal is under a <a href="https://creativecommons.org/licenses/by/4.0/" target="_blank" rel="noopener"> Creative Commons Attribution 4.0 International License</a></p> <p align="center"><img style="border-width: 0;" src="http://i.creativecommons.org/l/by/3.0/88x31.png" alt="Licencia de Creative Commons" /></p> Universidad Privada del Valle es-ES Juris Studia 3007-4320 <p>Authors who publish with this journal agree to the following terms:</p> <ol type="a"> <li>Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a <a href="http://creativecommons.org/licenses/by/4.0/" target="_new">Creative Commons Attribution License 4.0</a> that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.</li> <li>Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.</li> <li>Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.</li> </ol> IMPACT OF CORRUPTION, LACK OF TRANSPARENCY, AND GOVERNMENTAL INABILITY ON POLITICAL STABILITY AND GOVERNANCE IN BOLIVIA https://revistas.univalle.edu/index.php/iuris/article/view/1341 <p>The credibility crisis facing the Bolivian democratic system presents structural characteristics that seriously compromise the rule of law. Institutionalized corruption, opacity in public management, and the widespread perception of a judiciary co-opted by political interests have undermined the legitimacy of institutions (Transparency International, 2024; World Justice Project, 2023). In 2024, citizen confidence in the justice system fell to 13% (Latinobarómetro, 2024), highlighting a critical breakdown in the relationship between citizens and the state apparatus, directly affecting the effectiveness of oversight mechanisms and the guarantee of rights.</p> <p>This institutional deterioration is exacerbated by the state's inefficiency in responding to fundamental social demands, such as access to basic services and poverty reduction, which has generated a climate of social conflict and democratic disaffection (ECLAC, 2023; Human Rights Watch, 2023). Given this scenario, it is imperative to promote structural reforms aimed at strengthening judicial independence, ensuring administrative transparency, and fostering effective citizen participation (International IDEA, 2024). Only through a regulatory and institutional redesign that addresses both the causes and manifestations of this crisis will it be possible to restore democratic governance and the full validity of the constitutional rule of law in Bolivia.</p> Víctor Hugo Rojas Alcocer Copyright (c) 2025 Víctor Hugo Rojas Alcocer https://creativecommons.org/licenses/by/4.0 2025-06-30 2025-06-30 2 3 8 20 10.52428/30074320.v2i3.1341 THE GUARANTEE JUDGE IN THE ACCUSATORY CRIMINAL PROCESS: BETWEEN LEGAL FORMALISM AND REAL JUSTICE https://revistas.univalle.edu/index.php/iuris/article/view/1295 <p>The accusatory criminal process in Ibero-America has profoundly transformed the judicial dynamic, assigning specific and strategic roles to each system actor. In this model, the guarantee judge plays a key role in ensuring respect for fundamental rights, overseeing the legality of investigations, and maintaining balance between the prosecution and the defense. Their role is essential to preventing procedural abuses and reinforcing the system’s impartiality. The study highlights how the implementation of the adversarial system in different countries of the region, especially in relation to the Argentine Federal Code of Criminal Procedure, has redefined the responsibilities of judges, prosecutors, and defense attorneys, demanding greater professionalism and autonomy, as legal effectiveness may condition the validity of the norm.</p> ALEJANDRO ALBERTO MORICONI Copyright (c) 2025 Alejandro Alberto Moriconi https://creativecommons.org/licenses/by/4.0 2025-06-30 2025-06-30 2 3 21 40 10.52428/30074320.v2i3.1295 RIGHT TO HONOR. I KILLED HER BECAUSE SHE WAS MINE https://revistas.univalle.edu/index.php/iuris/article/view/1276 <p>The patriarchal culture, the man considered the center of everything, if we link it to the legal burden of the concept of honor, expression or action of dishonor discredit, embodied and in relation to women and whose preservation depends on female behavior; gives rise to contribute, such practices, to have legal protection in some legal systems, but above all what we would be interested in, to have social justification, based on reprehensible cultural practices.</p> José Turpín Saorín Copyright (c) 2025 José Turpín Saorín https://creativecommons.org/licenses/by/4.0 2025-06-30 2025-06-30 2 3 41 58 10.52428/30074320.v2i3.1276 NORMATIVE INDETERMINACY IN THE CRIME OF DRUG USE AND POSSESSION FOR USE AND THE PRINCIPLE OF LEGALITY IN THE BOLIVIAN CRIMINAL SYSTEM https://revistas.univalle.edu/index.php/iuris/article/view/1316 <p>The present study critically analyzes Article 49 of Law No. 1008 of the Coca and Controlled Substances Regime in Bolivia, which penalizes the consumption and possession for consumption of controlled substances. Through a qualitative approach based on the dogmatic legal method, the work examines how the indeterminacy of this norm undermines the principle of penal legality in its dimension of taxativity, preventing citizens from reliably anticipating the legal consequences of their actions. This normative vagueness enables discretionary application of punitive power and affects fundamental guarantees such as legal certainty, the presumption of innocence, and due process. It was evidenced that the criminal type is configured as an abstract danger offense, but without adequately delimiting the legal risk, which hinders the application of the principles of objective imputation, proportionality, and culpability. The research also incorporates a study of constitutional and inter-American jurisprudence, applying the proportionality test of the Inter-American Court of Human Rights. It is concluded that Article 49 does not meet the formal and material legality standards required by the American Convention on Human Rights, resulting in being unconventional and unconstitutional.</p> Marisol Campos Doria Navas Copyright (c) 2025 Marisol Campos Doria Navas https://creativecommons.org/licenses/by/4.0 2025-06-30 2025-06-30 2 3 59 81 10.52428/30074320.v2i3.1316 NOBODY SAW BLACK MIRROR: AN ANALYSIS OF THE CONVENTIONAL BASES OF THE CRIMES CONTAINED IN ARTICLES 153 AND 153 BIS OF THE ARGENTINE PENAL CODE https://revistas.univalle.edu/index.php/iuris/article/view/1278 <p style="font-weight: 400;">This study examines the codification of the offenses enshrined in Articles 153 and 153 Bis of the Argentine Penal Code, considering the Argentine National Constitution, international treaties ratified by the Argentinian Republica, and the perspectives of both jurisprudence and the most esteemed doctrinarians in the field. By combining doctrinal and jurisprudential analysis, this work explores the typological structure of these criminal offenses, their constitutive elements and aggravating factors, as well as the interpretative criteria adopted by Argentine courts in their enforcement. From this perspective, it addresses key controversies in their legal assessment, particularly the determination of judicial jurisdiction, evaluating whether federal or provincial courts should preside over these matters given the increasing impact of information technologies on criminal law. In conclusion, the study will examine whether Argentine legislation aligns with international legal instruments, the prevailing principles of criminal law within Argentina’s legal framework and will ultimately put forward our own perspective on the matter.</p> Tobías Avila Abril Candás Copyright (c) 2025 Tobías Avila, Abril Candás https://creativecommons.org/licenses/by/4.0 2025-06-30 2025-06-30 2 3 82 110 10.52428/30074320.v2i3.1278 NOTA EDITORIAL https://revistas.univalle.edu/index.php/iuris/article/view/1354 <p>NOTA EDITORIAL</p> Carlos Fernandez Reyes Copyright (c) 2025 Carlos Fernández https://creativecommons.org/licenses/by/4.0 2025-06-30 2025-06-30 2 3 6 7