Gustavo Poblete Espíndola’s research while affiliated with Alberto Hurtado University and other places

The article analyzes the diligence of the Penitentiary Administration from an egalitarian approach. I adopted this perspective because penitentiary performances are applied to people who have a disadvantaged situation in prison, fostering an unjustified inequality relationship. This promotes that in cases of State liability for lack of service, the courts must evaluate the Penitentiary Administration’s performance based on a differentiated standards of diligence standard. The standard in this area is composed of duties are not just oriented to oversee the correct execution of custodial sentences, but they also aim to protect rights that are not lost due to imprisonment. Therefore, the article concludes that the penitentiary performances must contemplate custody obligations as well as to consider the obligations aimed to safeguard minimum living conditions in prisons.

This article postulates that the best way of reading Francisco Victoria’s Relectio of Indis (1539) is having in mind that it not only is about a text which belongs to the political analysis genre. To support this reading hypothesis, the investigation proceeds in three levels: First, it analyzes the context of production of the text; second, it sets the features of the texts of political analysis and; third, it proposes an author and model reader of the Relectio. The conclusion of the investigation distinguishes between interpretation and the use of text as well as it holds that the interpretation of the Relectio demands the empiric reader to know the three levels of analysis, whereas the use of the text demands him to deal with a set of solutions to perennial problems in societies: intercultural dilemmas.