El incumplimiento de la sentencia judicial firme que ordena el pago de la derechos laborales como delito autónomo en el Perú

• Autor: Romero Alvarado, Rodolfo Eduardo
• Formato: tesis de maestría
• Fecha de Publicación: 2020
• Institución: Universidad Nacional de Trujillo
• Repositorio: UNITRU-Tesis
• Lenguaje: español
• OAI Identifier: oai:dspace.unitru.edu.pe:20.500.14414/15814
• Enlace del recurso: https://hdl.handle.net/20.500.14414/15814
• Nivel de acceso: acceso abierto
• Materia: Derechos laborales; Remuneración; https://purl.org/pe-repo/ocde/ford#5.05.00

ABSTRACT The present investigation was carried out based on the following problem: What are the legal bases that justify the autonomy of the crime of non-compliance with the final judicial ruling that orders the payment of labor rights in Peru? Faced with the problem raised, the following hypothesis was formulated: “The legal bases that justify the autonomy of the crime of non-compliance with the final judicial ruling that orders the payment of labor rights in Peru are: the food nature of remuneration as a protected legal good in this crime, the non-demand of violence or threat, and the specific judicial resolution of a judicial sentence with the character of res judicata”. To achieve the main objective, the theoretical framework was developed, divided into issues related to the variables of the problem; then, using the intentional non-probabilistic sampling, the study sample consisting of 06 tax cases and relevant criminal proceedings of the Del Santa and Chimbote judicial Districts, corresponding to the 2015-2018 period, was complemented with the research work (background) that They served as the basis for this work. For data collection, the techniques of observation and documentary analysis were applied, with their respective data collection instruments. Likewise, the methods used to discuss the results were: the inductive, deductive method (to deduce the conclusions and generalize the results to the study population), analysis - synthesis (analysis for the study of the whole, disarticulating its elements to determine the causes, nature and effects of the study variables - the synthesis to generate superior knowledge by adding new knowledge that was not in previous concepts) and logical - legal (to establish the coherent and orderly development of legal scientific work, that leads us to infer the new knowledge). Finally, the following conclusion was reached: The legal bases that justify the autonomy of the crime of non-compliance with the final judicial sentence that orders the payment of labor rights in Peru are: the food nature of remuneration as a protected legal right in this crime, for being in accordance with the constitutional canons that deal with the fact that there is no prison for debts; the non-requirement of a criminal type of violence or threat, but the mere breach of the final judicial sentence, which is tangentially far from the crime provided for in article 168 of the Criminal Code; and the specific judicial resolution that is typical of the crime at hand is a judicial sentence with the character of res judicata.