Diálogos y Voces Judiciales ISSN 3008-9484 is the biannual academic publication of the School of Judiciary Training (ECJ in Spanish) "Dr. Guillermo Snopek", dedicated to exploring current legal issues and emerging trends in the legal field.
Escuela de Capacitación Judicial "Dr. Guillermo Snopek"
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The article compares the Council of Europe’s Cybercrime Convention with the United Nations’ proposal. The Convention offers harmonized criminal procedures and swift operational cooperation, but its regional scope and technocratic orientation limit its legitimacy and reinforce punitive approaches. The UN proposal seeks universal legitimacy and a stronger human rights focus, yet faces significant political and operational challenges. The article advocates for a hybrid governance model that combines technical interoperability, robust human rights safeguards, and inclusive multilevel mechanisms to reduce inequalities and strengthen cybersecurity as a tool for cooperation and justice.
Copyright (c) 2025 Rosa Merlín Rodríguez (Autor/a) https://creativecommons.org/licenses/by-nc/4.0
Criminal Investigation Based on Communications Analysis
The constant evolution of criminal modalities demands the adaptation of technological tools used in criminal investigations. Communication analysis can be decisive in establishing involvement and authorship in unlawful acts, although its technical complexity hinders both understanding and evidentiary assessment. Therefore, a clear and structured investigative method becomes essential to support analysts and practitioners within the criminal justice system.
Copyright (c) 2025 Maximiliano Rubén Gómez, Francisco Brocca (Autor/a) https://creativecommons.org/licenses/by-nc/4.0
Vulnerable People and the Digital Divide
The article examines the digital divide as a multidimensional phenomenon that reproduces structural inequalities and deepens the vulnerability of disadvantaged groups. It argues that the divide goes beyond access to devices or connectivity and includes the skills and effective capacity to use ICTs. It underscores the enabling nature of internet access for other rights and reviews existing regulatory frameworks. The Province of Jujuy is presented as an innovative case for recognizing digital rights in its 2023 Constitution. The article concludes that their effectiveness requires sustained public policies focused on the most vulnerable sectors.
Copyright (c) 2025 Víctor Rubén Colina, María Eugenia Soza (Autor/a) https://creativecommons.org/licenses/by-nc/4.0
This article analyzes the participation of victims in parole hearings, within the tension between their right to effective protection and the convict’s due process guarantees. It examines national and provincial regulations, as well as inter-American standards and judicial practice in Jujuy. It argues that victim participation should aim to ensure security and dignity without undermining the rehabilitative purpose of punishment. Practical criteria are proposed to balance both rights in sentence enforcement hearings.
Copyright (c) 2025 Mario de la Quintana (Autor/a) https://creativecommons.org/licenses/by-nc/4.0
Toward an Automated Child Support Process in Jujuy’s Judiciary
This article proposes innovation guidelines for child support proceedings in the Family Court of the Province of Jujuy. Specifically, it advances the automation of provisional garnishment orders by consolidating, into a single procedural act, the main initial filings: admission of the claim, formal review, initiation of proceedings, counsel’s appearance, provisional garnishment, and statutory notices. Grounded in the principle of procedural economy, this streamlined structure seeks to expedite the issuance of provisional garnishment orders in favor of children and adolescents, thereby strengthening their effective access to justice and the judicial protection of individuals in situations of socio-legal vulnerability.
Copyright (c) 2025 Franco Marcelo Bravo (Autor/a) https://creativecommons.org/licenses/by-nc/4.0
Intellectual Property and Trademark Law Teaching
This article examines the teaching of Intellectual Property Law –particularly trademark law– from a practical, regional perspective focused on Northwestern Argentina. Using the case method and digital tools, it seeks to strengthen professional training, decentralize legal practice, and promote a more equitable market. It incorporates pedagogical contributions from Camilloni, Lucarelli, and deliberative assessment approaches. The case study “Cervecería La Fulanita” is presented as an experience that connects legal theory, educational innovation, and territorial engagement.
Copyright (c) 2025 Eloísa Natali Casado (Autor/a) https://creativecommons.org/licenses/by-nc/4.0
The Benefit of Litigating Without Costs as a Tool for Access to Justice
The Benefit of Litigating Without Costs (BLSG) is an essential safeguard for ensuring access to justice in the face of economic inequality. This article analyzes its constitutional and conventional foundations, focusing on the procedural regime of Río Negro’s Code of Procedure (Law 5,777) and the jurisdiction of Peace Courts. It examines the criteria for granting the benefit, interpretive tensions, and the treatment of legal entities. Given the current system of manual verification, the article proposes a management and technological reform based on data interoperability. It argues that the BLSG should be understood as a public policy of judicial inclusion and democratization in the digital era.
Copyright (c) 2025 Henoch Romero Boue (Autor/a) https://creativecommons.org/licenses/by-nc/4.0
The advance of artificial intelligence has profoundly transformed working conditions, marking a shift from decent work to emerging work. This article analyzes how the lack of state regulation regarding new technologies leads to the erosion of fundamental labor rights and deepens the digital divide. It argues that equitable access to artificial intelligence must be recognized as an emerging human right, essential to ensuring equal opportunities, preventing new forms of discrimination, and safeguarding the principles of social justice within the future of work.
Copyright (c) 2025 Leonardo Salvador Calvó, María Paula Carril (Autor/a) https://creativecommons.org/licenses/by-nc/4.0
Jury Trials: the Path Unfolds as You Walk
In this interview, the president of the Argentine Association of Jury Trials reviews the current state of the system’s implementation in the country, which she does not hesitate to describe as a true boom. She highlights the positive perception among citizens, especially after receiving training or serving as jurors, and points out that the main resistance comes more from judicial operators than from society. She also underscores the importance of continuous training and outlines the Association’s priorities for the coming years, convinced that jury trials are a key tool to reverse the negative image the public holds of the Judiciary.
Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
The implementation of jury trials in Argentina is grounded in the dual purpose of promoting citizen participation and improving the administration of justice, thereby contributing to strengthening public confidence in the Judiciary. Within this framework, the role of the professional judge as director of the proceedings is essential. This article examines the significance of the judge’s instructions to the jury as a mechanism for providing sufficient reasoning for the verdict, as recognized by the Supreme Court in the Canales precedent, where it held that the grounds of the decision may be reconstructed from the evidence presented, the parties’ arguments, and the directives given for deliberation.
Copyright (c) 2025 Ignacio Gallo, Jonatan Lay (Autor/a) https://creativecommons.org/licenses/by-nc/4.0
Jury Silence and the Duty to Give Reasons
This paper examines the jury trial model proposed in the Province of Jujuy, focusing on the constitutional and conventional duty to provide reasons for judicial decisions. It highlights tensions between the division of roles—the jury as judge of fact and the professional judge as judge of law—and the principles of due process, the right to defense, and effective judicial review. Drawing on the standards of the Inter-American Court of Human Rights, judicial instructions, the principle of rational assessment of evidence, and local regulations, the paper argues that while jury trials are constitutionally admissible, their validity requires procedural safeguards that allow for the reconstruction of the reasoning behind the verdict, thereby ensuring their compatibility with both national and international legal frameworks.
Copyright (c) 2025 María Paula Carril, Leonardo Salvador Calvó (Autor/a) https://creativecommons.org/licenses/by-nc/4.0
Deficiencies in Jury Instructions and Their Impact on the Verdict
This article analyzes the crucial role of judicial instructions to the jury in the Argentine criminal process and the legal consequences arising from their defective application. Following an overview of jury trials, it develops a comparative study of the provincial regulations governing this practice, accompanied by an examination of recent case law that reveals difficulties in its implementation and its impact on the validity of the verdict. Finally, it offers proposals for improvement from an international perspective, aimed at strengthening the institutional quality and legitimacy of the jury trial model within the Argentine justice system.
Copyright (c) 2025 Mariana Sanchis (Autor/a) https://creativecommons.org/licenses/by-nc/4.0
This paper examines the rule prohibiting character evidence in Anglo-American law and its codification in the U.S. Federal Rules of Evidence. It analyzes its application in People v. Weinstein and in the Argentine case Suárez (Buenos Aires Court of Cassation), where the admissibility of a prior conviction was debated in a sexual violence trial. Finally, it reflects on the challenges faced by the Argentine jury system in relation to this type of evidence.
Copyright (c) 2025 Analía Verónica Reyes (Autor/a) https://creativecommons.org/licenses/by-nc/4.0
Measuring the Performance of Jury Trials
This article proposes an analytical framework to evaluate jury trials from a criminal policy perspective, through the development of categories and indicators that allow for the measurement of their institutional, social, and legal impact. It addresses key categories such as the regulatory framework, the socio-cultural context, institutional practices, and the outcomes of the process. The aim is to provide tools for a critical assessment of the model and its real effects.
Copyright (c) 2025 Clarisa Fuentes Rubio (Autor/a) https://creativecommons.org/licenses/by-nc/4.0
The Classic Jury, Its Political Nature and Victims’ Rights
This essay offers a critical review of the draft bill that proposes introducing the classic jury trial model into Argentina’s federal justice system, highlighting the tensions this model creates in relation to victims’ rights. It examines the political nature of the system, reflected in unreasoned verdicts that cannot be appealed by the prosecution, which may undermine constitutional guarantees of access to justice and effective judicial protection for crime victims. From this perspective, the essay discusses the risks of jury nullification, especially depending on the type of crime judged and its impact on victims from historically vulnerable groups. It concludes by suggesting the need to rethink the jury model in light of current standards of the Inter-American human rights system.
Copyright (c) 2025 Laura Margaretic (Autor/a) https://creativecommons.org/licenses/by-nc/4.0
The Principle of Transparency and the Regulation of Artificial Intelligence in Colombia
Although AI offers great opportunities, it also presents significant challenges, especially in protecting fundamental rights such as privacy and equity. This article examines the importance of the principle of transparency, central to the standards of the European Union, for the imminent regulation of artificial intelligence in Colombia, highlighting it as essential for the ethical and fair development of this technology. It compares the regulatory progress of the European Union between 2020-2024 and proposes adopting transparency as a central pillar in Colombian legislation, thus promoting public trust and technological adaptation.
Copyright (c) 2024 Juana Gabriela Peña González, Juan Esteban Rojas Barbosa, Lai Shin Wong Hernández, Sara Isabel Ruiz Barahona, Valery Isabel Camacho Ríos (Autor/a) https://creativecommons.org/licenses/by-nc/4.0
Artificial intelligence has great potential to improve access to information, but it also presents significant risks that require adequate regulation for its ethical use. The responsibility for ensuring the ethical use of AI lies with both states, which must create appropriate legal frameworks, and companies, which must prioritize human rights. It is essential to effectively manage personal data to prevent abuse. Therefore, both states and other actors must ensure privacy and nondiscrimination by implementing regulations that protect human rights. This article suggests that adopting an approach that integrates human rights into the development of AI will promote a more responsible and sustainable technological ecosystem.
Copyright (c) 2024 Rosa Merlín Rodríguez (Autor/a) https://creativecommons.org/licenses/by-nc/4.0
Children's Rights and Artificial Intelligence
Argentina has assumed international obligations by signing treaties that enshrine the right of children to participate and be heard in processes where their interests are involved. Today, the incorporation of AI in processes involving chilren's rights presents a challenge within a constitucional framework. Article 76 of the Constitution of the Province of Jujuy explicitly incorporated AI in the Constitutional Reform of 2023. An initial approach invites us to explore the advantages and challenges of using AI in the judicial system, particularly in cases involving children, as well as the necessary measures to ensure that these technologies respect and protect their rights, avoiding biases and ensuring transparency and fairness in judicial decisions.
Copyright (c) 2024 María Paula Carril (Autor/a) https://creativecommons.org/licenses/by-nc/4.0
DAOs and the Law: Decentralization in the New Legal Order
Artificial intelligence and emerging technologies like blockchain have disrupted key areas of law. In this context, Decentralized Autonomous Organizations position themselves as protagonists of an unprecedented organizational model. Based on smart contracts and collectively governed, DAOs dispense with a central authority, raising fundamental questions about their interaction with existing law. This paper addresses the legal complexities posed by DAOs, analyzing how they fit into traditional regulatory frameworks and whether specific legislation is needed to regulate their existence and operation.
Copyright (c) 2024 R. Sebastián Cabana, M. Cecilia Hansen (Autor/a) https://creativecommons.org/licenses/by-nc/4.0
Civil Liability in the Use of Artificial Intelligence
The adoption of artificial intelligence presents new challenges in civil liability due to its autonomy, which complicates its legal treatment. This article proposes a legal framework to address key aspects of AI, highlighting the objective attribution factor as the most suitable for assessing responsibility. Various issues related to civil liability are explored, both in contractual relationships and the duty not to harm third parties. Additionally, the need for states to develop a more robust regulatory framework is emphasized, one that fosters trust in the use of AI, maximizing its benefits and reducing risks given the serious challenges of intelligent autonomy.
Copyright (c) 2024 Henoch Romero Boue (Autor/a) https://creativecommons.org/licenses/by-nc/4.0
New Challenges in Civil Liability Amidst Innovation
Artificial intelligence and civil liability (or tort law) are connected from the moment machines process large volumes of information. Issues such as the validity of decisions made by machines without human intervention, particularly if they cause harm to third parties, are the focus of this work, which aims to highlight the potential damages posed by technology, artificial intelligence, algorithms, and specifically autonomous vehicles. It examines the foundations of civil liability, regulatory proposals in comparative law and in Argentina, so that victims can receive reasonable and proportionate compensation while avoiding excessive liability for the owner or user.
Copyright (c) 2024 Mariano Zurueta (Autor/a) https://creativecommons.org/licenses/by-nc/4.0
The Light Side of Artificial Inteligence
In this interview, the judge of the Supreme Court of Mendoza reviews the past, present, and future of Artificial Intelligence and explains why it represents an opportunity to improve the justice system. He also discusses issues such as AI regulation, the economic and social gaps that AI could either narrow or widen, the need for training in using the tool, and the tasks that lie ahead for the provincial judicial authorities.
Copyright (c) 2024 https://creativecommons.org/licenses/by-nc/4.0
The aim of this article is to analyze the mediatization of justice in digital environments, the new perspectives of public space, and the construction and circulation of judicial information in digital formats, with the goal of generating reflections that may contribute to the debate and proposing strategies that could be useful in addressing some of the challenges posed by the emergence of digital technology in the judicial sphere
Copyright (c) 2024 Nadia Zamar Asmuzi (Autor/a) https://creativecommons.org/licenses/by-nc/4.0
The Specialized Agro-Environmental Jurisdiction in Bolivia
The Bolivian constitutional regime regarding the right to a healthy and clean environment constitutes a normative milestone that is directly linked to the global protectionist movement. Civil society promoted the adoption of more stringent public policies in this regard, which were ultimately reflected in the new Constitution of 2009. The creation of the Agro-Environmental Jurisdiction marked a new milestone. This article explores the background of the reform, as well as the main changes introduced by it, within the framework of Bolivian legal pluralism
Copyright (c) 2024 María Tereza Garrón Yucra (Autor/a) https://creativecommons.org/licenses/by-nc/4.0
The Environmental Jurisdiction and the Role of the Interdisciplinary Body of Experts
The Escazú Agreement represents a significant advance in promoting access to environmental information, citizen participation, and equitable access to justice in environmental matters. This reflects the need to adapt the legal system to the environmental challenges of the 21st century. The establishment of specialized environmental courts, such as the Environmental Court of Jujuy, is an important step towards resolving complex conflicts that require a deep understanding of technical and scientific issues, which play a crucial role in assessing environmental impacts, identifying solutions, and making fair and balanced decisions in environmental cases. The article concludes that the combination of legal, scientific, and technological approaches is essential to address the complex environmental challenges of our time and to build a more just and sustainable future.
Copyright (c) 2024 Sabrina Aylén de los Ríos, Emilio Manero, Juan José Muñoz (Autor/a) https://creativecommons.org/licenses/by-nc/4.0
n Argentina, contrary to much of Latin America, legal pluralism is only a debate that takes place in academic spaces, with a significant absence in judicial spheres. Although both ILO Convention No. 169 and the UN and OAS declarations on indigenous peoples are in force, the lack of an express constitutional recognition of the right to administer indigenous justice in communities leads to a common and widespread reaction of reluctance, ignorance, and unawareness among justice operators. In this context, while there are some known "glimpses" (it is assumed that there are many more that are undocumented) of the exercise of indigenous rights (which constitutes what is known as legal pluralism), these still have no impact on legislation or jurisprudence. Furthermore, indigenous communities do not primarily claim the violation of this right, as their current priorities are the reclamation of their territorial rights and the management of natural common goods, along with the right to prior, free, and informed consultation and consent.
Copyright (c) 2024 Silvina Ramírez (Autor/a) https://creativecommons.org/licenses/by-nc/4.0
Legal-Notarial Analysis of Property Rights and Natural Resources
The right of ownership in Argentine legislation and the prerogatives that derive from it—powers of disposition, use, enjoyment, and receipt of fruits—entail different legal consequences not only regarding substantive law but also procedural aspects. Natural resources, which are part of what was doctrinally conceived as "third-generation rights" or "collective impact rights," present a new form of analysis concerning their ownership, as they transcend the individual scope. This has implications for active legitimization in exercising actions to protect them. Thus, this work analyzes from a legal-notarial perspective the ownership of natural resources as well as their importance concerning the constitutional legal consequences related to active legitimization for the exercise of individual and collective actions derived from them.
Copyright (c) 2024 Andrea Soledad Olmos (Autor/a) https://creativecommons.org/licenses/by-nc/4.0
The Treatment of Self-Composition in the Chilean Environmental Judiciary Ten Years After Specialized Environmental Justice
This paper addresses the state of the art regarding self-composition mechanisms in the process of remediation for environmental damage in cases heard by the Environmental Courts of Chile. In particular, it provides a comparative review of certain aspects to determine how jurisdictional equivalents have been treated by the Chilean Environmental Courts from their establishment in 2012 to 2022, primarily in quantitative terms, concluding with some reflections on the relevant findings.
Copyright (c) 2024 Roberto Iturra Marín (Autor/a) https://creativecommons.org/licenses/by-nc/4.0
Contribution of Science to Environmental Justice in Chile
This article aims to explain how the Chilean environmental justice model, established by Law No. 20,600 which creates the Environmental Courts, promotes the inclusion of science and recognizes its contribution in resolving socio-environmental controversies. It starts with a comparative analysis of Environmental Judiciary and culminates in a practical case of technical-scientific contribution in analyzing the principle of indemnity in a lawsuit for environmental restoration
Copyright (c) 2024 Marcelo Hernández Rojas (Autor/a) https://creativecommons.org/licenses/by-nc/4.0
The article suggests that we are in a stage of profound change, in which the management of technological capital by the Systems Department plays a vital role. The necessary changes are deep and require a strategic approach, as well as ongoing commitment and investment in ICT resources. The implementation of new procedures will enhance efficiency, transparency, and accessibility in the judicial system, fostering greater collaboration among judicial actors and promoting a more agile and effective justice system. Recognizing the importance of these changes and continuing to invest in the development of our technological capabilities to adapt to new realities will enable us to achieve a modern judicial management that meets the demands of today’s society.
Copyright (c) 2024 Ángel Eduardo Casasola, Ariel Ramiro Graneros (Autor/a) https://creativecommons.org/licenses/by-nc/4.0