The equality test according to the jurisprudence of the Constitutional Court: reflections on the sentence passed in File No. 00045-2004-PI / TC and 00004-2006-PI / TC

• Autor: William Jhony Muñoz Valeriano
• Formato: artículo
• Fecha de Publicación: 2020
• Institución: Universidad Nacional del Altiplano
• Repositorio: Revista UNAP - Revista de Derecho
• Lenguaje: español
• OAI Identifier: oai:oai:revistas.unap.edu.pe/rd:article/92
• Enlace del recurso: http://revistas.unap.edu.pe/rd/index.php/rd/article/view/92
• Nivel de acceso: acceso abierto

The objective of the work is to analyze and account for the essential aspects contained in the equality test from the perspective of constitutional jurisprudence, since in recent years this test was used by various judicial instances, however, its use was given inadequate way because many times its application was not guided by what was developed in File No. 00045-2004-PI / TC and 00004-2006-PI / TC, moreover, not even the issuing body itself follows it, being so, the The central thesis that is assumed here is that the criteria developed by the Constitutional Court in File No. 00045-2004-PI / TC and 00004-2006-PI / TC –on the equality test– be applied in a uniform manner, In this way, it would be much easier to establish whether a fact or act constitutes justified or unjustified treatment, in addition, inconsistencies in its application are avoided; Finally, it is proposed that what is contained in that judgment be declared a constitutional precedent so that the application of the aforementioned test generates predictability.