El modelo de la muerte cruzada como alternativa a la vacancia presidencial y la cuestión de confianza bajo los alcances de la separación de poderes y el sistema democrático en el Perú - 2023

• Autor: Quispe Luque, Fiorella Rumina
• Formato: tesis de grado
• Fecha de Publicación: 2024
• Institución: Universidad Nacional de San Agustín
• Repositorio: UNSA-Institucional
• Lenguaje: español
• OAI Identifier: oai:repositorio.unsa.edu.pe:20.500.12773/18727
• Enlace del recurso: https://hdl.handle.net/20.500.12773/18727
• Nivel de acceso: acceso abierto
• Materia: Crossed Death; Executive Branch; Legislative Branch; https://purl.org/pe-repo/ocde/ford#5.05.01

For the present research work entitled "The model of crossed death as an alternative to the presidential vacancy and the question of trust under the scope of the separation of Powers and the Democratic System in Peru - 2023", the general objective is to evaluate How would the change in the model of presidential vacancy and dissolution of Congress affect a cross death in our country with respect to the constitutional principles of balance of powers and democratic elections since, within our current situation, a series of confrontations that have been generated between certain powers of the State, leading to the loss of the essence of the separation and balance of powers; especially when certain “threats” to the removal of some State power are perceived, as is the case of the figure of the presidential vacancy (used by the Legislative Branch) and, on the other hand, the issue of the dissolution of Congress (used by the Executive Branch) that, in one way or another, being precepts recognized by the Constitution, end up being political-legal figures that are results of confrontations and revenge with aspects or nuances that are not at all objective. Given this, it has been observed that, in the country of Ecuador, there would be the figure of "crossed death", which would mean the interruption of the presidential and congressional mandate at the same time, that is, there is the possibility that the representatives of both powers, can be removed from their positions. For this thesis, a qualitative approach has been used, with a descriptive-explanatory design. Finally, it has been possible to reach the conclusion that the figure of “crossed death” would be a mechanism for resolving certain conflicts (extreme or extraordinary) that may arise before the two powers of the State (Executive and Legislative), in order to be able to safeguard the institutionality of each entity and the protection of the constitutional principles of division and balance of powers.