Forseti. Revista de Derecho is a biannual journal with legal content edited by the University of the Pacific Law School Alumni Association, Derup Editores. The objective of the Journal is to disseminate and promote legal knowledge of free access in Peru. Our publications have two sections. The first consists of unpublished legal articles of an academic nature, while the second consists of case law, arbitral awards or important administrative resolutions.
El derecho a reusar los datos personales ante las entidades del sector público
The article examines whether the reuse of personal data, through portability, can be required of Peruvian public entities. It analyzes the concepts of portability and interoperability, current regulations, public and private digital services, and the new Regulation of Law No. 29733, proposing an interpretation aligned with the personal data protection regime in the public sector.
Copyright (c) 2026 Forseti. Law Review http://creativecommons.org/licenses/by/4.0
Crisis del órgano de apelación de la OMC: Reforma del ESD
This paper examines the ongoing crisis of the Appellate Body of the World Trade Organization and its impact on the dispute settlement system. It analyzes how the paralysis of the Appellate Body has undermined the effectiveness of the procedure established under the Dispute Settlement Understanding, which includes consultations and panel proceedings. It also assesses the ongoing negotiations aimed at reforming this mechanism.
Cláusulas penales y protección al consumidor: Desentrañando el análisis de abusividad en la contratación inmobiliaria de masa
Standard form contracting is a mechanism that has served to reduce transaction costs in real estate transactions. However, this practice carries significant implications for consumer rights; consequently, the State sanctions the inclusion of unfair contract terms in real estate consumer contracts. This article analyzes the unfairness of including a penalty clause triggered by the termination of a contract due to a consumer's breach of their contractual obligations.
Infraestructura para la provisión de los servicios de saneamiento: Diagnóstico, rol de las asociaciones público-privadas y recomendaciones para el cierre de brechas
This article analyzes Peru’s sanitation infrastructure, highlighting gaps in coverage, quality, and sustainability. It examines the role of public-private partnerships in developing water and sanitation projects and their impact on public health and the environment. Finally, it proposes recommendations to align legal, technical, and financial mechanisms aimed at closing the country’s historical infrastructure gap in the sanitation sector.
El requerimiento en la Ley General de Contrataciones Públicas: nuevas perspectivas y desafíos
The requirement, as the core of the preparatory actions, exerts a cross-cutting influence over the procurement and contract execution stages. Under Law 32069 and its Regulations, new tools are introduced to enhance the definition of public needs, strengthen planning, and promote early interaction between the contracting authority and suppliers, fostering public decisions that are more efficient, transparent, and aligned with the value for money principle.
El reciclaje de activos como estrategia de segunda generación de Asociaciones Público-Privadas en el Perú
The authors analyze the potential of public asset recycling as a strategy to optimize infrastructure management within the framework of Public-Private Partnerships (PPP) in Peru. Based on comparative experience and regulatory advances in PPP, they examine the institutional, contractual, and financial challenges that limit its effective implementation. Finally, guidelines are proposed to consolidate a legal and regulatory framework that promotes asset recycling as a sustainable mechanism for infrastructure development.
Control judicial y tutela jurisdiccional en la contratación pública: el proceso contencioso administrativo frente a las decisiones del Tribunal de Contrataciones Públicas
Before the contract is signed, disputes are handled in administrative proceedings before a tribunal, whose decisions may be challenged through judicial review. Sanctions imposed for conduct related to public procurement are also subject to judicial review. In this article, I analyze the particular features of the administrative judicial process in which these decisions are reviewed.
La etapa fundacional del Derecho Administrativo ha concluido
Entevista al Dr. Pierino Stucchi.
Crime prevention based on artificial intelligence: Reflections on the right to equality
Intelligent systems to prevent crimes in cyberspace, particularly sexual offenses against minors, face challenges in balancing preventive effectiveness and equality. Algorithmic opacity and the absence of effective regulation enable arbitrariness. Therefore, a regulatory framework is needed to adequately harmonize the preventive purpose and require transparency in its implementation.
Copyright (c) 2025 Forseti. Law Review http://creativecommons.org/licenses/by/4.0
Protection of fundamental rights in the face of new technologies: a comparative study of Chile, Mexico, Colombia, Ecuador, Bolivia, and Peru
This article examines how Latin American constitutional states have integrated new technologies and their impact on fundamental rights. It looks at countries like Chile, Mexico, Colombia, Ecuador, Bolivia, and Peru, proposing a human rights-based model of technological governance that combines regulatory stability and interpretive flexibility in response to technological advances.
Natural biases in algorithmic programming: challenges and difficulties for the application of automated systems in law
This article examines legal artificial intelligence and its clash with biases in legal language. It analyzes automation and data use, showing how they can institutionalize structural discrimination. It warns of the risk that AI becomes a technocratic tool legitimizing injustices under the guise of neutrality.
Criminality in the age of ChatGPT: Analysis of the use of artificial intelligence as a criminal aggravating factor in Peru
The author analyzes Law 32314, which incorporated the use of artificial intelligence and similarte chnologies as a criminal aggravating factor and specific modality in certain crimes. This article analyzes its legitimacy under the criteria of subsidiarity and necessity of punishment, and examines the institutional capacities required for effective implementation, as well as the benefits and risks of such a law.
Digital divides and artificial intelligence: Challenges in access to justice
The growing digital divide, often ignored amidst artificial intelligence advancements, hinders the orderly digitalization of justice. This paper analyzes how unplanned technological implementation creates new barriers for those lacking digital resources or skills. It argues that accessible digitalization and AI in the justice system are crucial for strengthening equity and effective access, rather than becoming new obstacles.
Artificial Intelligence in Digital Advertising: Regulatory Challenges and Consumer Rights Protection
This article analyzes the regulatory challenges arising from the use of artificial intelligence in digital advertising. It addresses the risks related to privacy, unfair competition, and the transparency of advertising algorithms, proposing a regulatory framework that ensures the protection of fundamental rights and equity in the market.
Synthetic data and advertising: legal challenges in the use of artificial intelligence in advertising campaigns
The article analyzes the main legal challenges associated with the use of synthetic data, focusing on personal data protection, the principle of truthfulness in advertising, and the use of such data to simulate advertising testing on “consumers” prior to the public launch of a campaign. The article analyzes its legal implications, as well as the emerging international regulatory approaches to this issue. It also discusses that mail advantages and potential drawbacks of its implementation.
Digital assets and their legal treatment at the national level from the perspective of private law
This paper presents a comparative analysis of the regulatory evolution of digital assets, with a focus on tokens, and proposes a legal approach from the perspective of Peruvian Private Law to address their treatment within the national legal framework.
Smart contracts and blockchain in the sale of future real estate: the end of pre-sale scams?
La compraventa de inmuebles futuros en etapa de preventa presenta serias debilidades jurídicas estructurales en el Perú, al carecer de garantías efectivas sobre el uso de fondos. Este artículo propone incorporar smart contracts ejecutados en blockchain como mecanismo de auto ejecución contractual, capaz de reforzar la seguridad jurídica, asegurar hitos constructivos, mejorar trazabilidad financiera y reducir riesgos, todo ello dentro del marco normativo del derecho civil peruano.
The constitutional positivization of neuro-rights in the Peruvian legal system
Advances in neurotechnology, by directly intervening in brain activity, generate legal challenges that require a new regulatory response. In this context, neuro-rights have emerged, an emerging fourth-generation category aimed at protecting the mind from technological interference. Although their development is still in its infancy, with Chile as a pioneer in recognizing them constitutionally, their incorporation into the Peruvian constitutional order is proposed to guarantee personal autonomy in the face of the impact of neurocognitive technologies.
Ethical considerations in the implementation of artificial intelligence systems for personnel selection and recruitment
In this article, we will examine the impact of ethics on the use and development of artificial intelligence systems employed in personnel selection processes. To that end, we will analyze the concept of artificial intelligence, as well as that of ethics, and discuss recent laws that establish legal obligations for its use in hiring or selecting workers.
From harassment to abuse in the context of sexual violence in cyberspace
The author reflects on the typical structure of the crime of child grooming in order to respond to various issues, especially the one referred to whether the cases where the groomer achieves the intended sexual purpose should be treated with the rules of a concurrence of laws or a concurrence of crimes.
Opaque algorithms and differential privacy: can there be transparency without compromising protection?
This article analyzes the tension between algorithmic transparency and differential privacy in the context of increasing implementation of Artificial Intelligence systems in sensitive areas. Through an interdisciplinary analysis that integrates legal, technological, and ethical perspectives, it examines how opaque algorithms compromise accountability and how differential privacy, while protecting personal data, can undermine algorithmic accuracy.
The digital economy and the right to monetize information: A possible path forward
This article analyzes the challenges that the digital economy poses to international taxation and proposes, as an alternative, the recognition of the right to monetize personal data. It proposes the creation of a Unique Digital Tax Identifier and a digital reporting system that shifts the tax burden to MNEs, ensuring transparency, tax fairness, and recognition of the rights of market jurisdictions.
Black box arbitrators? Limits on the use of generative artificial intelligence in arbitration under the principle of the non-delegability of the arbitral function
The integration of generative artificial intelligence in the practice of international arbitration has catalyzed a complex debate on its compatibility with the integrity of the arbitral process, specifically with the intuitu personae nature, regarding the possible scenarios of prohibited delegation of the arbitrator’s inherent functions to these digital tools, transgressing the principle of non-delegability of the arbitral function.
Beyond the recent change of opinion by the Tax Administration, what is the correct way to classify a service as digital for income tax purposes?
This article analyzes the tax treatment of digital services in Peru, focusing on the interpretation of the list contained in the Income Tax Regulations. It argues that a service qualifies as digital only if it meets the essential requirements established by law. In this regard, the article seeks to reflect on the proper way to construct said list, notwithstanding the recent change in the Tax Administration’s position as set forth in Report No. 046 2025-SUNAT/7T0000.
Justice and algorithms: An ethical and legal analysis of Law 31814 on artificial intelligence in Peru
The incorporation of artificial intelligence into the judicial system raises tensions with constitutional principles such as due process, the reasoning of decisions, and the guarantee of a natural judge. From an ethical-legal perspective, this article examines Law No. 31814, highlighting its normative insufficiencies in addressing algorithmic risks, and proposes criteria for a substantively just regulation.
Expert systems in the Peruvian judiciary: The case of Amauta Pro
This article analyzes Expert Systems as part of Artificial Intelligence systems that seek to provide relevant input for decision-making. To this end, we refer to the case of Amauta Pro, which was recently developed by the Peruvian Judiciary, to explain its characteristics, benefits, limitations, success criteria, and opportunities for improvement in its implementation.
The use of big data in electoral processes. Does suffrage represent the true will of the people? A look from the perspective of the Argentine legal system
El uso de Big Data ha transformado los procesos electorales, influyendo en la toma de decisiones, la segmentación de votantes y la optimización de campañas. Este estudio analiza cómo las plataformas digitales y redes sociales impactan en la difusión de información electoral y examina los desafíos éticos y de privacidad asociados al uso de datos personales en contextos de participación ciudadana y sufragio.
The growing use of emerging digital technologies in administrative procedures: From automated administrative actions to algorithmic transparency
This article analyzes the use of emerging technologies by the Public Administrationinordertofacilitate the access anduseofits services tocitizens through automated administrative actions and automated administrative procedures (with the possibility of using artificial intelligence).
In administrative sanctioning procedures initiated by the OEFA, does the filing of appeals suspend the accrual of interest? Apparently, no longer
The COAC of OEFA initiated enforcement proceedings requiring interest payments from the fine imposed in the first administrative instance, despite reconsiderations and/or appeals, raising concerns since Article 24 of the PAS Regulation suspends fines during appeals. This article analyzes the legality of this interpretation, its communication, and the reasonableness of accrued interest during the appeal process, even if authorities exceed the legal deadline to resolve.
Tax reform in the Value Added Tax (VAT) with respect to digital services in Peru
This work summarizes the tax problems in the digital economy that generates losses in tax collection. It explores the international proposals and studies the recent tax reform that will allow Peru to collect through VAT withholding or collection agents’ mechanisms by non-domiciled who shall register in the Single Taxpayers’ Registry (RUC), declare and directly pay SUNAT.