1 fotografía : byn

El presente trabajo tiene por objeto cuestionar los alcances del control difuso constitucional ejercido en sede administrativa en virtud al precedente vinculante dictado por el Tribunal Constitucional del Perú. Se realiza un análisis crítico a la decisión del Tribunal Constitucional contenida en la STC 03741--2004-PA/TC, que posibilita a la administración pública el ejercicio del control difuso constitucional, que constitucionalmente está reservado para los jueces de la República.

1 fotografía : col.

In this paper the prohibition of capitalization of interest is analyzed in light of the recent binding jurisprudence of the Supreme Court (Cassations No 5128-2013-Lima and 2402-2012-Lambayeque, Sixth Civil Casatory Plenary) and the Constitutional Court (Resolution on Process No 214-2014-PA / TC), questioning whether that prohibition is, as noted by the Highest Courts in force or, on the contrary, in accordance with Circular No 021-2007-BCRP issued by the Central Reserve Bank that regulates the rate of interest applicable to people outside the financial system, the capitalization of interest is allowed.             The article makes an analysis of the contradictions that arise in our legal system, from an analytical-historical-doctrinal point of view, and questions about the convenience of starting a debate to repeal, modify or not ar...

The purpose of this research is to critically analyze the position adopted by the 2023 National Jurisdictional Plenary on Constitutional and Procedural Constitutional Law, which suggests that judges resolve appeals even when the procedural party has failed to present specific grievances. To this end, the dogmatic method will be used to analyze the concept of appeal, its purpose, its requirements, and the nature and significance of the grievance. Additionally, the exegetical method will be employed to engage with the various contradictory case laws regarding the requirement of the grievance. Finally, through the comparative method, the Colombian experience on the matter will be explored.

In this paper the prohibition of capitalization of interest is analyzed in light of the recent binding jurisprudence of the Supreme Court (Cassations No 5128-2013-Lima and 2402-2012-Lambayeque, Sixth Civil Casatory Plenary) and the Constitutional Court (Resolution on Process No 214-2014-PA / TC), questioning whether that prohibition is, as noted by the Highest Courts in force or, on the contrary, in accordance with Circular No 021-2007-BCRP issued by the Central Reserve Bank that regulates the rate of interest applicable to people outside the financial system, the capitalization of interest is allowed.             The article makes an analysis of the contradictions that arise in our legal system, from an analytical-historical-doctrinal point of view, and questions about the convenience of starting a debate to repeal, modify or not ar...

The purpose of this research is to critically analyze the position adopted by the 2023 National Jurisdictional Plenary on Constitutional and Procedural Constitutional Law, which suggests that judges resolve appeals even when the procedural party has failed to present specific grievances. To this end, the dogmatic method will be used to analyze the concept of appeal, its purpose, its requirements, and the nature and significance of the grievance. Additionally, the exegetical method will be employed to engage with the various contradictory case laws regarding the requirement of the grievance. Finally, through the comparative method, the Colombian experience on the matter will be explored.