1
artículo
Publicado 2011
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With the fall of the Berlin wall and globalization, the philosophy of the primacy of private initiative has been the axis on which law is developing. Within the criminal justice system, this has been expressed in the preponderance of an accusatory model where the judge no longer directs the investigation, but decides, and where the leading role in offering evidence belongs to the procedural subjects, called the Public Ministry, defense of the accused or the victim. However, these reforms are insufficient, since the primacy of private initiative progressively questions the need for state intervention in criminal conflicts, and such institutionalization of the primacy of private initiative cannot be carried out within the accusatory model, whatever it may be. of its forms, because it is alien to it, as Antonio García-Pablos de Molina clearly refers to, who maintains that "the accusatory m...
2
artículo
Publicado 2022
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This scientific paper analyzes how reasonable adjustments should be applied in a criminal procedure against defendants with cognitive intellectual disabilities in order to respect their right to due process.
3
artículo
The present work explains the principles, methods and rules of hermeneutics that judges must use in cases of violation of constitutional rights. Likewise, it specifically analyzes the practical application of these rules of interpretation in the precedent case of the Constitutional Court of Peru.
4
artículo
Análisis jurisprudencial de la mano invisible de Adam Smith en la economía social de mercado peruana
Publicado 2022
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The present scientific work seeks to analyze through cases law the scope of the invisible hand within the social market economy. The specific topic of the investigation is about the balance that could exist between state intervention and free enterprise. To do this, we will develop as a theoretical framework on free trade and state interventionism and the principle of proportionality; in the conceptual framework, we will address the invisible hand and the Peruvian constitutional norms that regulate state intervention in the market economy. Then we will study the cases law of the Constitutional Court of Peru where there was a conflict between state planning and market freedom and the invisible hand of Adam Smith.
5
artículo
Publicado 2020
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This work researches the welfare economics in the Peruvian material economic constitution through the precedents of the Constitutional Court of Peru. It has as objective to identify the principles and theories that the Constitutional Court uses to resolve conflicts between economic groups. The research will differentiate between material economic constitution and formal economic constitution within of the Peruvian social market economy.