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favorable Amparo filed by a transsexual to change the name and sex.

The court vindicated the right of each individual to decide their gender and name. Another advance in the fight to ensure gender equality.

"Gay friendly" is more than hotels and bars from around the world took to accept homosexuals and even make for themselves a unique place. Following the enactment of the law of equal marriage, courts in our country begin to adopt that philosophy for gays, lesbians and transgender equal rights as to the determination of identity.

is an Administrative Court granted the writ of amparo filed by a person against the Government City of Buenos Aires. The plaintiff initiated a claim in order to access the possibility of changing their name and sex registry.

The purpose of amparo before the Court No. 13, by Judge William Scheibler, was the repeal of an administrative act of the Civil Registry where the application was refused for change of name and sex registry. The amparo was required to be registered with the name usually used and which is known in her family and social life.

The plaintiff described the actions of officials of the Register as arbitrary illegal and unfair. Justice asked to do instead to your request to amend two of his personal details and for the removal of regulatory barriers to generate such changes.

In the letter of the writ of amparo, the applicant told his personal story. Explained in detail the crisis crossed and the various conditions arising from the lack of tolerance, respect and response from the State and society in general.

protects it based its request on the principle of autonomy of the person who establishes the Article 19 of the Constitution. Also requested a declaration of the unconstitutionality of Articles 3, 15 and 17 of Legislative Decree 18248/69, which regulates the name change.

The Government of the City of Buenos Aires is simply noted that the refusal to the request for amparo was not illegal or arbitrary since it had issued the administrative act in compliance with legislation which provides force.

Justice Capital noted, first, that "the name is both an attribute personality and an institutional civil, whose purpose is to protect individual rights and, simultaneously, those of society in order to identify people. "

the court said that the possibility of identifying one another makes the general rule is the "immutability of the name." However, he stressed that the principle of "immutability" is not absolute, and added that "life has relationship where the name change is for many reasons, need the wearer, in such circumstances would be inequitable to deny the right to change, if it does not follow a loss of social order. "

The Contentious Court said that under current law, decree law 18248/69- the name change is possible provided that a judicial decision is provided in the presence of "just cause" of the individual . The change of name should not be a severe disease for the collective interests.

Meanwhile, registration of sex change is not covered by any legal standard, the court said. He noted also that the existing case law determine the correct documentation to a sex change operation.

On this point, the court held that Buenos Aires was not an individual right to require submission to a "physical mutilation", the adaptation involves surgical sterilization, to repair a "mutilation institutional or legal. " He also stated that the legal vacuum regarding registration Sex change was not an obstacle for initiating a complaint in this regard as constitutional rights were at stake.

The court noted that the demand Dispute clearly showed that "the amparo has a gender identity different from the identifying documentation reflecting." Also pointed out that the "persistence" in time of the status of the plaintiff sets up a "just cause" to agree to your request.

The court also made a clear distinction between the concepts of "sex" and "gender": "While the former is limited to recognizing biological differences between men and women, the second is much more comprehensive, in both includes also the social aspect of the difference between them. " The Court defined the genre as "a set of cultural and social patterns that are used to distinguish the attitudes or behaviors that society considers masculine or feminine."

City The court demonstrated an understanding a common problem for many individuals and echoed the importance of recognizing the right to change sex registration name and stating that "did not have documentation showing account of their gender identity to the plaintiff caused him many drawbacks that make ordinary situations a source of insult and humiliation, with what, in fact, leads to the deprivation of the normal exercise of various rights-of contract, to vote, to work, access to health services, etc. "."

The Disputes Tribunal also referred to the traditional treatment, "binary" of sexuality, which keeps track of the plurality of the human condition itself. In a clear and forceful, said that "sexual identity of people far exceeds the biological."

The court claimed the right to build one's own gender identity and noted that the order of the amparo answers deep and intimate needs of each individual. Also ruled out the need for expertise or tests "as its realization is not only necessary, but would, in the case, an instance undue scrutiny."

Justice and stressed the right of everyone to be who he is and said "truth is a 'truism' that such a situation, to coexist with documentation slogan your name and male works against proper identification. "

The request for a declaration of unconstitutionality of Articles 3, 15 and 17 of Legislative Decree 18248/69 was considered inappropriate. The Disputes Tribunal found that, in the case, these rules did not constitute an obstacle to the request of the plaintiff or importing a situation of such gravity as to effect such a statement.

The court further noted that the plaintiff's request did not involve any breach of the corporate interest, since they only modify two identification data: gender and name registration. Remaining data, number of document name, date and place of birth, etc., remain unchanged.

Court No. 13 ordered that "to ensure the correct identification of the plaintiff will be recorded in your file identification file kept in the National Registry of Persons, while the registry Civil corresponding to issue a new birth certificate to reflect changes that have eventually must contain a reference to the location of the previous round of correction. " Both records are accessed by the law that protects the dissemination of sensitive data of individuals.

Thus, Judge William Scheibler did place the order of the amparo and ordered to carry out all formalities and necessary corrections to provide the plaintiff a new personal documents. "If While it is not possible to guess that the correct registration requested by the plaintiff alone can avert the difficulties in exercising the rights that states (and that would be common to a large extent to the group that integrates), it is certain that it can clearly be an important starting point, "said the magistrate

Source: Journal judicial Published

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Down Syndrome More Condition_symptoms

Procedure> Amparo> General Amparo> Hometown - State of homelessness - Housing - Benefit - Less disability - Coverage of social work - Family Group - Health -

amparo should be brought against the municipality and the province to ensure that adequate housing is provided to the shelters and their minor children (should the co-defendants bear its own expense to cover accommodation in a hotel or apartment complex until they are given the house), coverage is provided through IOMA and a disability pension to one of the children, including the family group a monthly subsidy scheme that guarantees an income equivalent to the amount of the minimum wage mobile and vital (since the disease that prevents him from facing children in the current work). The provision of a therapeutic assistant to care for children during the hours that are not in educational institutions should be required by the administrative authority from obtaining coverage IOMA

source: web Rubinzal

A., vs GC. Treasury of the Province of Buenos Aires and other s. Amparo / / / Court of Appeals in Administrative Matters, Buenos Aires, La Plata, 01.03.2011, 3553/11 RC J

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Published

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risk situation and annulments SYSTEM

For Enrique M. Falcon

Published in: Journal of Procedural Law 2007-1, Rubinzal Culzoni, Santa Fe, 2007

1. Intoduction. On several occasions I have pointed out that the General Systems Theory is explanatory of the Litigation Process in general and in particular advantage over other theories as the most common example is that of the legal relationship ( ). The system of procedural nullity is a very suitable to demonstrate this assertion.

2. The system and process. recall that a system is a set of interlinked elements intended to solve a conflict, in our case law. Hence, based on a target and having the media of the system under (Buildings and elements, competent judges, etc..) Process is performed where a massed against pretensional jurígenos founded on facts is put forward (or not) defense ( in the broad sense) which, based on the test leads to the statement. In this way it is when may appear invalid. The system consists of five basic elements, inputs, process, output, control and feedback. Annulments are control subsystem in the case of relevant results in a proper feedback. And the processor is basically that in the course of the process, which takes effect annulments.

By developing a system like the one with the CPCCN, with stadiums and estoppel, it must be noted that each of the elements that are placed sequentially in the processing system has to be compared with the previous and the basis of the following, taking into account that the line of development does not have to be cut, altered or diverted, thereby resulting from this anomaly helplessness, or prevent it achieving the target (above).

3. Requirements. Of the various elements that must review the control , some of them are defects that lead to the sanction of nullity. But these vices on the one hand, should have given entity to cause this effect and the other is not definitive and that repair the system altered. It is therefore necessary to review two things:

1. If vice is covered by the law as to produce the effect annulling, or even in the case of a defect is not covered by the law, it is manifest so that it appears as preventing attacks continue the process or the validity of an act because it does not achieve the purpose of the system.
2. If vice is the entity to produce the effect of annulling. This is where the irregularity affects the purpose of the act or produce helplessness, (meaning the existence of a legal interest) and there is no guilt in the petitioner.
3. Those requirements may nevertheless be ineffective if the act is consensual, or vice does not prevent the act to fulfill its purpose or the process to continue properly (ie without violating the right of defense).

This situation is as if we were on a train passing through a railway line in which at one time we took a detour was not planned for this trip and take us to a different destination or truncate the possibility of any destination by road be blocked. So if there are any of the conditions mentioned in the path then the process must be retraced to reach the area where the defect occurred (ie where the train was diverted). But if he agrees to take the detour and it does not adequately prevented from reaching the goal or perform the act, you do not roll back actions.

4. Manifestations of nullity. exposure of the conditions mentioned above appears in the nullity provided by the Code is manifested in two ways: 1) by criminality (expressly provided by law), 2) via purpose (if the act lacks the prerequisites for obtaining the object .) We also include within this classification a variant that includes general annulments and annulments particular (such as invalid (such as the annulment of the notification, art. 149 CPCCN, or nullity the auction as the arts. 592 and 2CPCCN). However, the nullity provided by these two routes it is not appropriate: a) if the act, notwithstanding its irregularity, has achieved the purpose it was intended, b) has been agreed, provided that the situation is not described in item 3) of the above. These are the rules of the arts. CPCCN 169 and 172.

is interesting in this respect the distinction made in Colombo, who distributes the nullity proceedings into two groups. He says: "The term 'judicial nullification" in the way it is commonly used, includes several categories of ciphers to fall into two main groups: own procedural nullity nullity proceedings and improper. belong to the first class the irregularity arising from the purely formal the event and whose source is the lack or distortion of the requirements rituals related to the mode of action of the judge and parties merely look procedirnental are on and validated while not belong at the same time, the scope of procedural nullity inappropriate. Are the ones that are configured when the procedural act is not illegal in itself but only by reflection, because its content violates any rules hierarchically superior to the procedural (Const. Nac, art. 31). That provision may be higher than its nature belongs to the realm of the Constitution (national or provincial) or a law background. For example, the procedural act that nevertheless meet the formal requirements that are inherent violates the guarantee of the inviolability of legal defense. Procedural acts would be null, in this case, rather than making them as such, that have provided the means to violate the security constitutional "( ).

5. Types of invalidity. Whatever the way in which invalidity is attempted (either generic or specific, incident, emergency, appeal), it is always relative , so that it can be confirmed. Confirmation can be made by consent or by rolling back the system at the time the deviation occurred, or by replacing the corrupt act. The absolute nullity is a foreign concept to the process.

course, the system can be complex and contain various contemporary way, or have given rise to acts that are appropriate in the period of invalidity. The law aims to reduce the void to the minimum consistent with the rights of defense, so that the independence of events or part of them does not compromise the valid forms such acts or proceedings are, as the legal principle is the validity and invalidity in any case is an exception to protect the helpless and the equal rights established by the contradiction embodied in the Constitution.

From the viewpoint of systems it is clear that the motion for dismissal is to rebuild the sector arising from the flawed and the act which serves the same livelihood, but they do not have previous service or those who are not related as a derivation of the act required within the system flawed, as is the art. CPCCN 174.

A second classification of the types shown in the diagram nullity nullity gross and flagrant not . The criterion was in the Civil Code (art. 1038), albeit in a confused about their relationship with the acts null and voidable . In fact an act is invalid if you do not need any research done . Here we find a void that does not require states to produce a transfer for his statement (art. 172 CPCCN last paragraph).

If research is required in fact the act is voidable and if necessary deal with the incident with relevant evidence, but also a plus in requirements: is necessary to indicate the injury from which derives the interest in obtaining the statement and include, where appropriate, the defenses that have been able to oppose (it is in general the criterion of art. 172 CPCCN second paragraph), although it is not necessary when the injury or the interest becomes apparent .

This is because if the system - however the vice-can achieve the goal without violating the legal defense request for annulment is unfounded, since the nullity of the void itself is not appropriate. Since the invalidation must respond to a practical purpose, it is incompatible with their nature null and void by the invalidity thereof or to satisfy a mere theoretical interest, not mere irregularities which do not deny the essence of the act that contains or was issued in Consequently, they are likely to cause that result.

6. The substantial void in the process. While substantial invalidity can not be taken in the process system, there may be legal acts which affect the process invalid. Normally

substantially void that is attacking the legal acts, referred to the documentation included in the proceedings as proof, as it could be a public document . The path of falsehood redargución incidentally seeks a substantial void and refers to an external document relapsing process the result of that void, not the procedure but the validity of the act for the purposes of the test. But neither any public document incorporated in the process handled by that lane.

But there are some cases where the act is attacked by way of substantial void, as when he calls redargución of falsity of the official notice. This document is part of the process, but is a legal substance, incorporated into the trial, where a public official acts. But what is the difference with a substantial measure that is not integrating the sequence of procedures?. We have seen that in the previous case, the attack an act substantially related to the claim affects the validity of proof of that act with consequence in the decision regarding the granting or otherwise of the claim.

When a significant event is part of the procedure, although the absolute invalidity is even, or be a non-existent act, its effects are produced in the annulment process and the damage to that process is equally on, because the substantive invalidity of the act itself just causes a retrograde system of procedure a fin de que se cumpla el acto de manera adecuada. El acto sustancial declarado nulo constituye la base para que se decrete la nulidad procesal, siempre relativa, independientemente que la nulidad del documento incorporado, que es de otra naturaleza.

         El ataque por nulidad sustancial en el proceso judicial o arbitral siempre tiene una referencia a situaciones que no se vinculan con el procedimiento en sí mismo como hemos visto, aunque existan actos de nulidad sustancial que integren dicho procedimiento.

         The same applies to an action for annulment. This has two tracks. In the trial of conciliators may proceed against the decision (not been issued or committed no points, and if found not consented (art. 771 CPCCN). In independent action to void the final decision void the process. As we see, in both cases, the process is complete and both the ruling and the sentence are the procedural legal act that leads to external legal reality the issue before the process system.

7. The principle of transcendence. The word significance (also used as transcendence) and its derivative terms have been used in different ways in different contexts. In CPCCN the term is used both in the vulgar language in the second sense of the Academy (Fig.) as "result", the breaking boundaries as in the philosophical sense, meaning that the service has crossed the coherence of the system and prevents a fair trial ( ). This "principle" of transcendence, means that no one is void without any significant deviations that affect the defense at trial and that there is legal interest in the statement derived for the damage he has caused the allegedly unlawful act.

national civil procedural system but provides two fields from which to pursue the invalidity (the previously established by the encoder and the judge can take), both require that the defect results in the revocation must transcendent being, in line with the fact that the nullity proceedings are restrictive ( ).

However there is a pending issue that is fundamental. As the relative nullity and validation of the instrument or trial proceedings, one of the basic parameters, the question to be considered is how to play the tacit recognition that the act can not fulfill its purpose? Certainly, the nullity may be requested by the party or ordered by the judge ex officio. Should then the judge will act on its own when a blockage or damage in the process or act by a defect that leads to the annulment? The outline

System device, which is the premium on our Procedure Codes that can only occur in extraordinary situations. For example, assuming more common, if a person has been wrongly notified of the claim or has not been directly notified and presented to the process without showing anything tainted consent to the act because its charge is to be a challenge, which is totally available to him. On the other hand if he interests of minors or incompetent, we should consider the situation in another way, for then it address the judge's role is in the field of justice accompanying ( ), as jurisdiction can not disregard the protection of the weak, regardless of whether they are assisted by legal representatives or by the prosecution.

8. Colophon. The scheme of nullification, considered from the point of view of systems theory allows us to immediately understand why simple and void on the process and why the principle of trasncendencia.

For example in Volume I of my Treaty Civil Procedural Law, Chapter VIII, 2 d).

Colombo, Carlos J. Civil and Commercial Code , Abeledo-Perrot, Buenos Aires 1975, Volume I, pp. 309.

The invalidity should amend absent an actual loss that will make the guarantee of due process. This is so-called "principle of significance", derived from the ancient maxim nullité pas sans grief (no nullity without damage), and forbidding the annulment by the invalidity thereof. (C. Civ. And Com. Rosario, room 2 ª, 7/2/1992, "Arderin, S. Williams c / Garaicochea, Reuben) JA 1993-IV, synthesis).

The nullification process must be interpreted strictly, reserving as a last resort against the existence of a efectiva indefensión. Ello así, por cuanto el derecho procesal esta dominado por ciertas exigencias de firmeza y efectividad en los actos, de donde se sigue que, frente a la necesidad de obtener actos procesales válidos, se halla la de obtener actos procesales firmes sobre los cuales se pueda consolidar el derecho (conf. Sala 1ª, causa 16155/94 del 17/8/1995). Dichas nulidades no responden a un mero prurito formal, sino que imponen como requisito esencial que promedie un interés jurídico propio lesionado por el acto que se impugna, pues resulta inconciliable con el objeto del proceso la nulidad por la nulidad misma, o para satisfacción de un interés meramente teórico; y es por esto que el principio de trascendencia requiere that those who invoke the penalty claims and show that the alleged defect caused her certain and irreparable damage (C. Nac. Civ and Com. Fed. room, 2 ª, 20/12/2000, "AMERICAN RESOURCE CORPORATION c / RADE SA Protective measures. CAUSE N. 1744/98.).

Berizonce notes that conflicts covered by this concept tend to offset the inequalities of the opponents especially strong interest in social conflicts such as those arising from situations of family and children, lasting relationships and labor, pension and social security, food substance generally of small causes. (Berizonce, Roberto, Derecho Procesal Civil Actual,  Abeledo -Perrot,  Buenos Aires, 1999, p. 368, nº 5

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Johnny The Homicidal Maniac Wallpaper

Juvenile Intervention adviser

Escrito por Ana María Montalto de Sabih   

INTERVENCIÓN CHILDREN'S ADVISORY DR. ANA MARIA DE ZAVI MONTALTO. We mention the laws that refer to the STATEMENT OF COUNSEL FOR MINORS AND INCAPABLE, with the scope that they provide: NATIONAL CONSTITUTION: With the 1994 amendment, the National Constitution, is incorporated and with a starring role figure prosecutors, in Article 120 "The Public Ministry is an independent body with functional autonomy and financial autarky, which are designed to PROMOTE THE PERFORMANCE OF MILITARY JUSTICE IN THE LEGALITY OF THE INTEREST GENERAL OF THE COMPANY, IN COORDINATION WITH OTHER AUTHORITIES OF THE REPUBLIC. It consists of an ATTORNEY GENERAL OF THE NATION AND AN ADVOCATE GENERAL OF THE NATION AND THE OTHER MEMBERS established by law. His members enjoy functional immunities and intangibility of remunerations " CONVENTION CHILDREN'S RIGHTS: was ratified by our country by law 23849, and incorporated in the Constitution through the amendment of 1994, Article 75 inc. 22. The CRC found in Article 40 b, iii in reference to juveniles in conflict with the law "have the matter determined without delay by a competent, independent and competent, independent and impartial in a FAIR HEARING IN ACCORDANCE WITH THE LAW IN THE PRESENCE OF A legal or other appropriate assistance. MINIMUM RULES FOR THE UNITED NATIONS ADMINISTRATION OF JUVENILE JUSTICE. "Beijing Rules" Recommended for adoption by the Seventh Congress of the UNITED NATIONS CRIME PREVENTION AND TREATMENT OF OFFENDERS HELD IN MILAN ON 26 AUGUST TO 6 SEPTEMBER 1985, AND ADOPTED BY THE GENERAL ASSEMBLY IN RESOLUTION 40/33 OF 29 NOVEMBER 1985, provides in Rule No. 15-1 "LEGAL ADVICE AND RIGHTS OF PARENTS AND GUARDIANS: THE CHILD HAVE THE RIGHT TO BE REPRESENTED BY COUNSEL FOR OR APPLY THE WHOLE PROCESS WHEN LEGAL AID UNDER THE PROVISION OF SUCH ASSISTANCE IN THE COUNTRY. 15-2 "PARENTS OR GUARDIANS HAVE THE RIGHT TO PARTICIPATE IN THE ACTIVITIES AND THE AUTHORITY, PDRÁ REQUIRE THEIR PRESENCE IN DEFENSE OF THE CHILD ..." The terminology used in Rule 15-1 is similar to Rule 93 of the Rules for the Treatment of Prisoners. While the legal advice and legal aid are needed to ensure the juvenile legal assistance, the right of parents or guardians to participate as stated in Rule 15-2 should be considered as general assistance to the child, nature psychological and emotional, which extends along the entire process. The competent authority to render a fair decision in the case, you can use to advantage, especially the cooperation of the minor's legal representatives (or the s same matter, some other personal assistant who the juvenile can deposit or deposits really trust. This concern can be thwarted if the presence of parents or guardians at the hearings has a negative influence, for example if they display a hostile attitude towards the child, hence it should be possible exclusion from the hearing. LAW Public Prosecutor's Office: 24,946 that the law enacted Public Prosecutor's Office in 1998, provides in Clause 1 a provision similar to Section 120 of the CN to appoint the Clause 2 of its components the Public Prosecutor and the Public Ministry of the defense. When referred to the Public Defender of minors and incompetent in Article 54, states that "THE PUBLIC DEFENDERS AND INCAPABLE OF MINOR BODIES AND JURISDICTION IN THAT ACT SHALL THE FOLLOWING DUTIES AND RESPONSIBILITIES: a) INTERVENE IN TERMS OF ART. CC 59 OF ALL MATTER OR JUDICIAL SETTLEMENT INVOLVING THE PERSON OR PROPERTY OF MINORS OR UNABLE TO DEFEND AND BRING THESE ACTIONS AND RELEVANT RESOURCES AND, WHETHER OR REGION WITH YOUR REPRESENTATIVES NEEDED. b) ACTION NEEDED TO ENSURE THE PUBLIC MINISTRY OF DEFENCE AND INCAPABLE OF JUVENILE JUSTICE ISSUES ARISING IN THE COURTS OF DIFFERENT ENTITIES IN ANY CHANCE YOU ARE INCLUDED IN THE INTEREST OF PERSONS OR property of minors or incompetent, delivered an opinion. c) PROMOTION AND INTERVENE IN ANY CASE OR MATTER AND CONDUNCENTES MEASURES REQUIRE ALL THE PROTECTION OF PERSON AND PROPERTY OF MINORS AND DISABLED AND UNABLE, UNDER THE RESPECTIVE LAWS WHEN LACK OF ASSISTANCE OR REPRESENTATION, NECESSARY REPLACE THE ASSISTANT OR INACTION OF ITS LEGAL REPRESENTATIVES, RELATIVES OR PERSONS they had THAT YOUR OFFICE OR ANY controlling the management of the latter. d) ADVISE minors and incompetent, and convicted DISABLED UNDER THE REGIME OF ART. CP 12 AS WELL AS THEIR 2 REPRESENTATIVES NEEDED, YOUR RELATIVES AND OTHER PERSONS WHO MAY BE RESPONSIBLE FOR THE ACTS OF DISABILITY FOR THE ADOPTION FOR ALL THOSE MEASURES RELATED TO THE PROTECTION OF THESE. e) JUDICIAL AUTHORITIES REQUIRE THE ADOPTION OF MEASURES AIMED TO IMPROVE THE STATUS OF DISABLED AND UNABLE TO MINORS, SO AS of prisoners which is under the conservatorship OF ART. CP 12 TAKE WHEN ABUSE KNOWLEDGE, GAPS OR OMISSIONS IN THE WARNING they should give their parents, guardians, curators, PERSONS OR INSTITUTIONS TO WHICH ARE CAREFULLY. CAN YOU ALONE FOR SO TAKE YOUR URGENT ACTION REPRESENTATION EXERCISE promiscuous. f) PETITION TO THE JUDICIAL AUTHORITIES IMPLEMENTATION OF MEASURES RELEVANT TO THE COMPREHENSIVE PROTECTION OF CHILDREN AND INCAPABLE EXPOSED FOR ANY REASON AT RISK FOR IMMINENT AND SERIOUS PHYSICAL OR ENTITY, REGARDLESS OF YOUR FAMILY OR PERSONAL SITUATION ... i) summon and bring people to your OFFICE, FERA JUDGEMENT WHEN YOUR NEED TO ASK OR ANSWER EXPLANATIONS objections raised, when it is affected the interest of minors and incompetent. j) Periodic inspection HOSPITALIZATION ESTABLISHMENTS STORAGE, TREATMENT AND REHABILITATION OF CHILDREN OR UNABLE TO BE PUBLIC OR PRIVATE, must keep ADVISED TO JUDICIAL AUTHORITIES AND BY THE WAY Corresponding hierarchical, THE ADVOCATE GENERAL OF THE NATION ON THE DEVELOPMENT OF TASKS EDUCATION AND SOCIAL AND MEDICAL TREATMENT FOR EACH PROPOSED internal as well as the care and attention given to them. k) TO INFORM THE COMPETENT JUDICIAL AUTHORITY ACTIONS AND OMISSIONS OF JUDGES, OFFICERS OR EMPLOYEES OF THE COURTS OF JUSTICE HELD LIABLE TO DISCIPLINARY REQUIRE YOUR APPLICATION. CIVIL CODE: During discussed many years appropriateness PUPIL MINISTRY representation together with the parents, when they were exercising parental authority (in principle at the head of the father) The conflict dates back to the parliamentary debates of errata law of the Civil Code was based on the interpretation of the text of Article 57 in which not expressly included as a representative for parents of minors. For many lawyers the relationship of this article with Article 59 was undeniable and led them to unequivocally understand that the intention was to exclude VELEAZ MINISTRY OF CHILDREN representation promiscuous in cases where the parents exercising parental authority over their children. Remarked that the state could not occupy places were reserved for the father who was in charge and it was he who knew what was best for it. other current parallel-not least, admitted as valid state intervention on the grounds that in many cases the parents could do or stop doing things to the detriment of their children and racing to the state set limits or to act for them. Also found no reason to relate to the articles cited each other. Some thought it was an inadvertent error by the encoder in the drafting inc. 2 of Article 57 of CC Law 1893 (the year 1886) empowered the ADVISOR TO ACT "directly or jointly" with the legal representatives. Years later, during the parliamentary debate prior to the enactment of Law 10,903 (Under law Trustees, 1919) is particularly appreciated the laudable desire now accepted by the free and civilized nations that the state increasingly exercises its high protection to protect and improve the performance and living conditions of human beings. Law 17711, amended Article 57 of the CC, eliminating doubt as to the joint intervention of the ministry with the parent who exercises parental authority. The discussion moved then to the role that this body can or should meet. Again, we find two positions. On the one hand, those who understand that the MINISTRY OF CHILDREN, meets with advisory and monitoring role, or CARE AND CONTROL therefore is unable to act for the determination of parents1. Others, however, feed the interventionist stance, reaffirming that it may have the defense or protection rights of its members beyond their representados2 action beyond the actions of their parents. The constitutional reform of 1994, turns a screw to the subject by incorporating the figure of the Public Ministry extrapoder placing a body with specific powers and functions. It embodies the Section 120 of the CN result was sanctioned in 1998, the law of Public Prosecutions (ACT 24 498). Beyond the articles referenced by the Court, the Court take into account the provisions of Article 54 Paragraph a, on t he Public Defender's powers CHILD "ACT IN TERMS OF ART. 59 OF CC .. As we see the solution that gives us the new law is very clear and terminated the discussion in two essential points: a) THE PUBLIC PROSECUTOR AND REMEDY MAY OPERATE IN THE RECORDS IN THAT AFFECT THE RIGHTS OF CHILDREN; b) Regardless of the CAN DO OTHER ACTION OF REPRESENTATIVES (by failing to distinguish itself referred to tutors or curators or whether it also refers to parents, we must understand EDUARDO 1 Zannoni, PAG T.II. RIGHT .... 777. (The author understands that while the Ministry PUBLIC ARE NOT ENTITLED TO OPERATE, if you can remedy the mistakes or omissions PARENTS ONCE BEGUN THE PROCESS.) 2 Highton, ELENA, "JUVENILE ADVISORY FUNCTIONS. SCOPE OF CARE AND CONTROL "-MOLINA ALEJANDRO" Promiscuity REPRESENTATIVE AND THE CHILD ADVOCATE "FAMILY LAW INTERDISCIPLINARY JOURNAL N ° 13. PAGE. 101. unquestionably, that all are included.) As you can see the evolution of rules governing the matter is one way, and points to a phenomenon that is becoming more apparent: the publización of family law. One of the most noticeable effects is more pronounced state intervention through its representatives. As a corollary to the definition provided by the dictionary as promiscuous: mixed up muddled, or indifferent / / YOU HAVE OR CAN TWO SENSES USE OF A WAY OR ANOTHER BY BOTH BE EQUIVALENTES3 So why insist on the idea that "promiscuous" means always act together if not the actual meaning of the word, and both the national constitution, 24498 law, say that the role of the Public Ministry is to promote the understanding by this that can act without being subject to action of another. Penal Code, Code of Criminal Procedure, 6354 LAW background sets this law in its Article 12 " DETENTION AND IMPRISONMENT FOR MORE THAN THE INHERENT TAKE YEARS TRE disqualification for Eltiempo OF SENTENCE, WHICH WILL LAST FOR THREE MORE YEARS, SO WHAT IF IT RESOLVED BY THE COURT IN ACCORDANCE WITH THE NATURE OF CRIME. ALSO THE LOSS MATTER, AS THE LAST SENTENCE OF THE CUSTODY OF THE ADMINISTRATION OF THE PROPERTY AND THE RIGHT OF THEM HAVE inter vivos. The convict is subject to CONSERVATORSHIP BY THE CIVIL CODE FOR DISABILITY. Our law and the law of Form 6354, combine in Book III, Title I, Chapter IV, Book III, Title I, Chapter II, III, IV. The first with the Art 162 163 et seq of the provincial law, so the provision is applicable background and hence the intervention of the Ministry Of minors and disabled where appropriate. For further explanation on the subject enough to mention the articles of our provincial law, in its provision, Article 56 which establishes the public prosecution and Pupils; ART. 122 "THE FAMILY COURT AND JUVENILE CRIMINAL ... KNOWLEDGE TO MAKE A MINOR INJURY OR UNABLE Soufriere PHYSICAL OR MENTAL ABUSE neglect, negligent treatment, maltreatment, exploitation, or has committed a misdemeanor or felony OR RESULTING DAMAGES OR VICTIM OF CRIMES ARE REQUIRED TO PUT THAT MADE IN KNOWLEDGE of Public Prosecutions ; or wards APPLICABLE IN THE MAXIMUM 24-HS ... " This provision is supplemented with Article 123, empowering the Ministry regarding PUB LICO to receive this type of complaint. intervention MINISTRY OF CHILDREN, becomes more explicit, referring to the situation of the accused: Article 131: "RIGHTS TO THIS ACT PROVIDED, THE WILL TO ENFORCE THE MINOR IN CASE, THEIR AGENTS THE PUBLIC DEFENDER AND MINISTRY . 3 DICTIONARY OF THE SPANISH LANGUAGE, 21 ED. preliminary hearing in Article 148, the law establishes province that it should be done with the child's legal representative, which means as you said that not only will their parents, but THE MINISTRY OF CHILDREN. ORGANIC LAW COURTS: ART. 99: "LE MINOR ADVISOR TO APPLY: TO INTERVENE IN ANY LEGAL MATTER HOW MUCH OF VOLUNTARY JURISDICTION CONTENTIOUS AS CHILDREN OR UNABLE TO SUE OR BE SUED, BECAUSE IT'S YOUR PERSON OR THEIR PROPERTY, UNDER PENALTY OF INVALIDITY THOSE ACTIONS THAT ARE INTERESTED. B-ENSURE PROPER PERFORMANCE OF THE DUTIES OF THE REPRESENTATIVES OF DISABILITY COULD ASK FOR IT DIRECTLY TO SUCH REPRESENTATIVES OR UNABLE TO RELATIVES OF OR ANY OTHER PERSON OR INSTITUTION REPORTS TO CONSIDER NECESSARY FOR THE EXACT KNOWLEDGE OF THE STATE OF THINGS. AS A PERSON AND PROPERTY OF THEIR REPRESENTED. THE REQUIRED DETAILS ARE REQUIRED TO PROVIDE THE INFORMATION REQUIRED IN THE TIME ORDERED BY THE ADVISER. C-CAN ALSO BE REQUIRED TO REPRESENTATIVES OF THE UNABLE TO GIVE ACCOUNT OF HIS TERM. CODE OF CRIMINAL PROCEDURE: LAW 6730: In Article 405, states that the debate will be held with the minor's legal representatives , including MINISTRY OF CHILDREN, and Article 530 to refer to the placement of minors , when you mention to your care manager intervention note MINISTRY OF CHILDREN, representing promiscuous according to the above, from the restrictions of parental authority, which is related to the article 532 of the same statutory provision when the judge must order the cessation of a safety or guardian must imperatively heard-in the Public Ministry, who in honor to the speed and economy, if you followed the child continuously may base their arguments for or against the measure. This rule relates to section 189 of the 6354 Act, when the probation must include the required consultation with the Public Ministry. 22.278/22.803 LAW: These regulations, in Article 3 establishes "The arrangement will determine: a) The custody of the child required by the judge, to ensure adequate training of those with comprehensive protection ... b) The consequent restriction on the exercise of parental authority or guardianship within the limits ... c) The discernment of the guard where appropriate ... The final disposition may be terminated at any time for a reasoned decision and end of right when the child reaches the age of majority " This provision must necessarily be linked with article 7 ": For parents, guardians, or guardians of minors referred to in Articles 1 and 2, the judge may declare the forfeiture of parental rights or the loss or suspension of its exercise, or deprived of the guardianship or custody AS APPLICABLE " All these provisions leave no doubt on the involvement of weak ministries, as it is necessary part of all these processes, and we talk about the restrictions of parental authority or guardianship, or when you "have" the minor JURISPRUDENCE: Although case law is not abundant, considering the disparity of opinions at present, it has been in the same extract, the jurisprudence of the province of Mendoza, in the case CMG.M. For aggravated robbery, Expte. JUVENILE CRIMINAL COURT 23/01, where it was resolved, the intervention obligatory COUNSEL IN JUVENILE COURT AND INCAPABLE OF DEBATE IN THE EVENT OF DISABILITY OR ABSENCE OF THEIR PARENTS. Another failure of the province is relevant CORDOBA "SAGLL-CRIME, THE MONTH OF MARCH 1997 NOTICE OF FAILURE OF THE PRESENCE OF COUNSEL IN JUVENILE TRAINING Inquiry, it was decided the invalidity of the debate about the lack of intervention COUNSEL IN JUVENILE CRIMINAL PROSEC FOLLOWED A MINOR IMPUTABLE. COLOPHON: To summarize and in accordance with the reasons stated, we conclude that the MINISTRY OF CHILDREN AND INCAPABLE must necessarily involve not only measures of care in family proceedings, but that their participation must be required in all those cases in which the child turns out to be brought into the process as the alleged accused in risk material or moral, it is considered that a minor who is in conflict with the law, because it has not received from their parents, guardians and / or responsible for its care or protection necessary restraint, which has incurred the case in criminal acts or participated in them, so that advice from minor or incompetent, must exercise STATE CUSTODY, next to family court and juvenile criminal, for the protection of their interests in conflict with the society in which it operates. The road is hard, because the positions are not peaceful about it, the effort must be constant, if you want to make reality the principles of our Constitution, and international provisions contained therein in protecting the best interests of children. Just remember TOMAS expressions CASARES 4 "... Think of the perils of crisis, when the judge can be found between a law which corresponds to an agonizing reality and a reality report has not yet been expressed by the laws faithfully and for which lies with the judge's responsibility synchronize the pace of positive law, which has said it will less quickly than life ... While everything is removed by the theoretical disputes and the laws go through one of the most profound crisis that has memory in the history of law, the institution JUSTICE still means something about the value and importance everyone agrees " 4 CASARES TOMAS D. JUSTICE AND THE LAW '"pg. 157-159.

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Published

Liver Damage More Condition_symptoms

Failure intervention of the Public Prosecutor for Minors

The lack of intervention by the Attorney General Pupillary

The Fourth Chamber of the Court of Appeals in Civil and Commercial Rosario take a position regarding the discusiónacerca effects caused by the lack of assistance from Department for Minors in cases stipulated by Articles 59 and 494 of the Code. CIVL.

The Fourth Chamber of the Court of Appeals in Civil and Commercial Rosario decided that in the absence of intervention, the provisions of Articles 59 and 494 of the Civil Code, in the case of children under parental authority in court-involved Pupillary Public Ministry, during the conduct of proceedings and the subsequent sanction of invalidity for lack of enforcement also affect the validity of procedural measures if it had some sort of grievance raised by the lack of representative promiscuous.

According to this Chamber, "The invalidity established by this standard is relative, so that the advisor can confirm it expressly or impliedly acted without his intervention, as well as by the child once it gets to the wholesalers. This penalty procedural acts also provided that the lack of intervention is a detriment to the incompetent, but in other cases the procedure was canceled at the request of the Department for Minors, without materializing the injury resulting from such failure ("Civil Code Additional laws and scored "by Acdeel Salas, Buenos Aires 1992, Editorial Depalma Volume 1, page 237)."

As under failure, "the representative promiscuous can and should assess whether it has caused harm to his client and thus act accordingly"

also determined that "to be able to enact a nullity for violation of the provisions of Articles 59 and 494 Civil Code is not necessary to formulate a conjectural opinion about whether the lack of intervention by the Public Prosecutor for Minors has caused a detriment to the child promiscuously represented, but to determine whether objectively in the course of the proceedings has been generated remiss impairment (equity, procedural, etc.). for him. "

"This is not to determine whether the impairment in question could be avoided by intervention Pupillary Public Ministry, but only to verify that it did not exercise due scrutiny "

Thus, the Fourth Chamber takes position on doctrinal and jurisprudential discussion raised about the effects caused by the lack of assistance from the Department for Minors in cases stipulated by Articles 59 and 494 of the Civil Code.

The sentence is No. No. 196 dated June 8, 2010 Published

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