11/14/2012

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Communities Native Farmers Between kindness of the Law of Rounds Farmers, they are possible to be mentioned enters others the disposition according to which " is clear; legal personality to Rondas Farmers as it forms independent and democratic of communal organization, " (Art. 1); the rights and duties of its members (Art. 3); the right to the nondiscrimination (Art. 4); the right of participation, control and control in the programs and projects of development that are implemented in their communal jurisdiction (Art. 6); the coordination with social authorities and organizations (Art. 8); the coordination and support with jurisdictional authorities (Art. 9); etc. Of another side, in the Law of Rounds Farmers the functions regarding the security are emphasized (Art. 1), that in almost simultaneous form were contemplated by the Law N 27933 of the 2003 and Supreme Decree N 012-2003-IN, regarding the national system of citizen security, that in broad strokes came to reaffirm the legislative tendency on the individual from year 1986. Nevertheless, the norm of the complica Law of Rounds Farmers in that one talks about to the paper of the rounds farmers before the justice administration. Thus, in the line of the doctrinal position that maintains that the rounds farmers have relative faculties of collaboration in the exercise of the jurisdictional functions on the part of the communities, the Law of Rounds Farmers declares that, these " supports the exercise of jurisdictional functions of the Communities Native Farmers and " (Art. 1), postulated that, as well, is coherent with the disposition according to which where communities exist the rounds they are subordinate to those (Art. 2). On the other hand, affiliating itself in prudent form with the conception that raises the argument of which the rounds farmers form informal instances of resolution of conflicts, we found another normative formulation in...
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Audea Security In agreement the effective legislation in the matter, the service of monitoring of the health state can be voluntary or obligatory. Actually, in the majority of the cases this service has voluntary character and it will only be able to be carried out when the worker lends his consent. However, the worker will have to be put under the controls of health monitoring obligatorily, when the accomplishment of the recognitions is essential to evaluate the effects of the conditions of work on their health or to verify if the state of its health can constitute a danger for the same, the other workers or when thus it is established in a legal disposition in relation to the protection of specific risks and activities of special danger. The surveillance measures and control of the health of the workers must at any moment guarantee the confidentiality of all the information related to their state of health respecting especially the right to the privacy and the dignity of the workers. In this sense article 22,4 of Law 31/1995 arranges that the access to the medical information of the worker must be restricted to the medical personnel and the sanitary authorities that carry out the monitoring of the health, without it can be facilitated to the industralist or other people without express consent of worker. Thus, the results of the medical revisions will have to be exclusively communicated the affected workers and the industralist or the people or organs with responsibilities in the matter of prevention will be informed only into the aptitude of the worker for the performance of the job or if so of the necessity to introduce or to improve the measures of protection and prevention. Consequently, the transmission of the obtained medical data under protection of the arranged thing in...

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