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tesis de maestría
This research aims to demonstrate the need to amend the text of subsection a) of Article 18 of Legislative Decree No. 1044 in order to establish an objective regulation that clearly identifies the type of infringer, ensures legal certainty in its application, and is limited to curbing discriminatory advertising or advertising that contains social stereotypes. To achieve this objective, the research is based on developing the content of the referred Principle of Social Adequacy to delineate its protected object. Additionally, an analysis is carried out on cases resolved by the Administrative Authority - INDECOPI, along with a review of comparative legislation by examining regulatory changes and treatments seen in various countries, such as United States, Spain, Chile, and Argentina. Finally, an Ex-Post Regulatory Impact Analysis is conducted to validate the need for a regulatory change to...