ANALISYS OF THE DECISION ISSUED IN THE CASE “THE BIG BROTHER”
Journal Title: Ius Humani. Revista de Derecho - Year 2012, Vol 3, Issue 1
Abstract
This article presents a brief analysis of the decision issued in the case known as “The Big Brother” with particular emphasis in the aspects in which the decision incurs in juridical errors. It departs from an objective revision which does not anticipate an opinion regarding the responsibility determined for defendants. On the contrary it is focused in those elements lessening merits to the decision and its grounds which are not consistent with the applicable juridical system, even independently from the main decision. Subjects such as the requirement of prejudication in matters of indemnity in case of damages derived from a crime, the nature of the liability of the co-perpetrator of a crime or quasi crime, the concept of the amount of repair in case of moral damages and its way of establishing the amount, the differences between moral damage and patrimonial damage and the necessity to use the method of carefully consideration in the events of conflict of rights are approached by the doctrine and jurisprudence with the occasion of the opinions issued by the judge trying the case in the decision. Even though the judgment was not executed since plaintiff abandoned the action, it disturbed the judicial spheres because of the litigating parties: the President of the Republic and two journalists.
Authors and Affiliations
Santiago Guarderas Izquierdo
Keywords
Related Articles
- EP ID EP36061
- DOI https://doi.org/10.31207/ih.v3i0.46
- Views 415
- Downloads 0
EQUALITY ON DISCOUNT. CRITICAL REFLECTIONS ON THE POLITICAL PHILOSOPHY OF RONALD DWORKIN
The article presents a critique of the egalitarian political philosophy of Ronald Dworkin in light of two alternative conceptions of equality. First, in light of a political conception of equality based on the thoughts o...
THE RELATION BETWEEN MORALITY AND LAW IN “PALEOPOSITIVISM” AND IUS POSITIVISM. CONTRIBUTIONS TO A CHRONICLE
In this paper, a historical chronicle of relations between morality and law´s done, as they have been conceived by legal positivists, since Austin´s developments until Hart´s propositions; most of them have been put fort...
HISTORIC AND LEGAL REPORT ON THE CONSTITUTIONAL RIGHT TO LIFE
Here are collected two reports about the possibility of decriminalizing abortion in Ecuador. Although they were issued on the basis of two bills that failed in the legislature, historical and legal arguments discharge...
LA FUMIGACIÓN DE HERBICIDAS COLOMBIANA Y EL DERECHO HUMANITARIO INTERNACIONAL
The Colombian Government since 2000 has been using sprayings of herbicides in large scales with the aim of destroying illegal crops of coca and poppy plants. This action has been widely criticized; therefore, there hav...
SOBRE LA INJUSTICIA DEL ABORTO
Abortion is seen as an immoral and unjust act by many. Nonetheless these views are under pressure to conform to the learned opinion on abortion. A variety of prestigious in the field of applied ethics support abortion in...