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1
artículo
Publicado 2016
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The new process aims to provide an immediate solution to regulatory problems of citizen insecurity perceived in Peru. A differentiated and prompt attention for crimes committed in flagrancy and the increase of the delinquencies incidence, omission of family support and drunk driving is proposed. The study of this new procedure should cover the main criticism, to a weighting of constitutionality.
2
artículo
Publicado 2016
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Constitutional rationality dictates that procedural safeguards will be balanced in order to consider the interests of both parties that in this case are opposed in a controversy. The concept of rationality is analized by the author as a value that goes beyond the scope of the legal right, that is, as a constitutive element of the homo sapiens. This is the reason why the conviction is spread among constitutionalists and legal philosophers that the principle of practical rationality has assumed the rank of constitutional value because of the constitutionalization of human rights. All of this is explained in the prospective of the civil process, where the constituent has instituted the guarantee of the appeal in order to guarantee equality in the treatment for the procedural parties.
3
artículo
Publicado 2016
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The new process aims to provide an immediate solution to regulatory problems of citizen insecurity perceived in Peru. A differentiated and prompt attention for crimes committed in flagrancy and the increase of the delinquencies incidence, omission of family support and drunk driving is proposed. The study of this new procedure should cover the main criticism, to a weighting of constitutionality.
4
artículo
Publicado 2016
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Constitutional rationality dictates that procedural safeguards will be balanced in order to consider the interests of both parties that in this case are opposed in a controversy. The concept of rationality is analized by the author as a value that goes beyond the scope of the legal right, that is, as a constitutive element of the homo sapiens. This is the reason why the conviction is spread among constitutionalists and legal philosophers that the principle of practical rationality has assumed the rank of constitutional value because of the constitutionalization of human rights. All of this is explained in the prospective of the civil process, where the constituent has instituted the guarantee of the appeal in order to guarantee equality in the treatment for the procedural parties.
5
artículo
Publicado 2024
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The study presents the results of a bibliographic review on constitutionalism that was established after the war of independence and that was assumed by the Constituent Congress of 1822. From the perspective of the historiography of law with an interdisciplinary approach, it is proposed a valuation of the role and contribution of women, peasants and Afro-descendants to the political independence of our country. From this, it can be affirmed that the founding of the republic was the product of a complex socio-political process, and that the official and patriarchal history has made invisible the other protagonists, the population sectors historically excluded from the political, legal, economic and constitutional of said Constituent Congress. Thus, it is intended to contribute to the understanding, analysis and critical assessment of the role and contribution of the feminist, peasant and ...
6
artículo
Publicado 2024
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This article aims to reflect on the implementation of artificial intelligence in constitutional processes, specifically in amparo and habeas corpus proceedings against judicial rulings, and the aporia that such an approach would entail, given that it is currently a complex task for claimants to determine the violation of constitutionally protected fundamental rights within ordinary judicial processes. This implies that when such processes are constitutionalized, they may fail to merit a substantiated judgment, as inadmissibility often becomes a decisive factor. From this perspective, an intriguing question arises: Would the implementation of artificial intelligence be effective in resolving constitutional processes that challenge judicial decisions, particularly from the standpoint of protecting fundamental rights and ensuring effective procedural safeguards? Answering this question requ...
7
artículo
Publicado 2008
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Being the end of the process a public interest of the State, the judge has probatory initiative for the search of the judicial conviction, however this initiative is limited to the elucidation of the facts that the parties have not proof in a suitable way. The Civil Procedural Code omits in the design of the application of the proofs ordered by the judge the limits on the probatory initiative, omission that must be corrected through a systematic interpretation of the articles 188 and 190 of the Code as a result of the legal interpretation, and going to the procedural doctrine that has established as limits: a) That the judge's test is limited to the following controversial facts; b) The source of the proof must appear in the process; and c) Regarding the principle of contradiction and the right of defense of the parties, allowing to extend its initially proposed tests.
8
documento de trabajo
In the case of food in favor of a child and teenager, states in Article 93 1, that while parents have both the duty to provide food for their children, this obligation, in case of absence or ignorance of the whereabouts of the parents , Could be assumed by older siblings, grandparents, collateral relatives up to the third degree or other responsible of the child and adolescent, in that sense the strictly stated articles indicate that the members of the family understood this as those people united by emerging legal links a intersex relationship, procreation and kinship according to the statement by Dr. Alex Placido 2 , - are to be owed each other, but in the Peruvian reality, food processing is not meeting Its aims that the rule has established since in practice we find many problems to be effective collection among these we have the bureaucracy, speed, form and way of enforcing complian...
9
artículo
Publicado 2024
Enlace
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The study presents the results of a bibliographic review on constitutionalism that was established after the war of independence and that was assumed by the Constituent Congress of 1822. From the perspective of the historiography of law with an interdisciplinary approach, it is proposed a valuation of the role and contribution of women, peasants and Afro-descendants to the political independence of our country. From this, it can be affirmed that the founding of the republic was the product of a complex socio-political process, and that the official and patriarchal history has made invisible the other protagonists, the population sectors historically excluded from the political, legal, economic and constitutional of said Constituent Congress. Thus, it is intended to contribute to the understanding, analysis and critical assessment of the role and contribution of the feminist, peasant and ...
10
artículo
Publicado 2024
Enlace
Enlace
This article aims to reflect on the implementation of artificial intelligence in constitutional processes, specifically in amparo and habeas corpus proceedings against judicial rulings, and the aporia that such an approach would entail, given that it is currently a complex task for claimants to determine the violation of constitutionally protected fundamental rights within ordinary judicial processes. This implies that when such processes are constitutionalized, they may fail to merit a substantiated judgment, as inadmissibility often becomes a decisive factor. From this perspective, an intriguing question arises: Would the implementation of artificial intelligence be effective in resolving constitutional processes that challenge judicial decisions, particularly from the standpoint of protecting fundamental rights and ensuring effective procedural safeguards? Answering this question requ...
11
artículo
Publicado 2008
Enlace
Enlace
Being the end of the process a public interest of the State, the judge has probatory initiative for the search of the judicial conviction, however this initiative is limited to the elucidation of the facts that the parties have not proof in a suitable way. The Civil Procedural Code omits in the design of the application of the proofs ordered by the judge the limits on the probatory initiative, omission that must be corrected through a systematic interpretation of the articles 188 and 190 of the Code as a result of the legal interpretation, and going to the procedural doctrine that has established as limits: a) That the judge's test is limited to the following controversial facts; b) The source of the proof must appear in the process; and c) Regarding the principle of contradiction and the right of defense of the parties, allowing to extend its initially proposed tests.
12
artículo
In comparative law, frictions between the Judiciary and the Constitutional Tribunal are not new. As Garcia Belaunde recalls they have existed since the 60’s in Italy, from where the name «Battle of the Courts» originated, because the maximum judicial body in said country is the Court of Cassation and the concentrated body for constitutional control is the Constitutional Tribunal. The aforementioned phenomenon is replicated in Spain and in Colombia, where the incident is known as a «train crash». In our country, to debate whether the Constitutional Tribunal is hierarchically superior to the Judiciary is to mention the scope of Article 201 of the Constitution in force that defines the Constitutional Tribunal as the autonomous and independent «controlling body of the Constitution». However and strictly in relation to the foregoing, this article also tackles the binding precedent, a ...
13
artículo
In comparative law, frictions between the Judiciary and the Constitutional Tribunal are not new. As Garcia Belaunde recalls they have existed since the 60’s in Italy, from where the name «Battle of the Courts» originated, because the maximum judicial body in said country is the Court of Cassation and the concentrated body for constitutional control is the Constitutional Tribunal. The aforementioned phenomenon is replicated in Spain and in Colombia, where the incident is known as a «train crash». In our country, to debate whether the Constitutional Tribunal is hierarchically superior to the Judiciary is to mention the scope of Article 201 of the Constitution in force that defines the Constitutional Tribunal as the autonomous and independent «controlling body of the Constitution». However and strictly in relation to the foregoing, this article also tackles the binding precedent, a ...
14
artículo
Publicado 2015
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In Peru, the amparo process is the most widely used constitutional process, and one of the most important ones. For that reason, there is a strong need to analyze in detail this emblematic legal form, as the next questions should be answered: has the amparo process always hadthe same regulation in Peru? Is there only onetype of amparo process? What is the importance of the Constitutional ProcedureCode and the Constitutional Court regarding this process?In this article, the author conducts the mentioned analysis in a remarkable way, providing answers to those and other questions from a historic and legal point of view.
15
artículo
Publicado 2015
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In Peru, the amparo process is the most widely used constitutional process, and one of the most important ones. For that reason, there is a strong need to analyze in detail this emblematic legal form, as the next questions should be answered: has the amparo process always hadthe same regulation in Peru? Is there only onetype of amparo process? What is the importance of the Constitutional ProcedureCode and the Constitutional Court regarding this process?In this article, the author conducts the mentioned analysis in a remarkable way, providing answers to those and other questions from a historic and legal point of view.
16
artículo
Publicado 2024
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The most controversial institution incorporated into the Criminal Procedure Code of 2004 was the sentence of the acquitted, which is the power that the Superior Criminal Chamber has, when resolving the appeal that may have been filed against a previous acquittal sentence issued in favor of the accused (first instance), in being able to amend it in a conviction against this same procedural subject (second instance), sentencing decision that originally could only be questioned by means of the appeal of cassation. However, the national legislator, through Law No. 31592 of October 26th 2022, has decided to briefly reform this adjective norm, where the legal novelty is that this convicted person has the possibility of challenging his sentence via a new appeal, in which the Criminal Chamber of the Supreme Court is enabled to act as a judicial instance, this according to the exclusive rules of ...
17
artículo
Publicado 2007
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The Government of laws comes from the Legislative State, whose essential element, among others, is the effective jurisdictional custodyof all the rights and liberties; in this perspective the author inspects the evolution of the denomination of Government of laws; he explains the jurisdictional custody and the due process like fundamental rights; if both rights have identity relation or are different; it also exposes his proposal on the matter; and finally it deals with the recognition of these two rights in the Peruvian Law.
18
artículo
Publicado 2024
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The most controversial institution incorporated into the Criminal Procedure Code of 2004 was the sentence of the acquitted, which is the power that the Superior Criminal Chamber has, when resolving the appeal that may have been filed against a previous acquittal sentence issued in favor of the accused (first instance), in being able to amend it in a conviction against this same procedural subject (second instance), sentencing decision that originally could only be questioned by means of the appeal of cassation. However, the national legislator, through Law No. 31592 of October 26th 2022, has decided to briefly reform this adjective norm, where the legal novelty is that this convicted person has the possibility of challenging his sentence via a new appeal, in which the Criminal Chamber of the Supreme Court is enabled to act as a judicial instance, this according to the exclusive rules of ...
19
artículo
Publicado 2007
Enlace
Enlace
The Government of laws comes from the Legislative State, whose essential element, among others, is the effective jurisdictional custodyof all the rights and liberties; in this perspective the author inspects the evolution of the denomination of Government of laws; he explains the jurisdictional custody and the due process like fundamental rights; if both rights have identity relation or are different; it also exposes his proposal on the matter; and finally it deals with the recognition of these two rights in the Peruvian Law.
20
artículo
Publicado 2022
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In October 2019, in Chile, a series of protests and demonstrations took place, which promoted the constituent process in that country. As a result, the Constitutional Convention was formed, a body that, after a year of work, created a new constitutional text that will be voted on through a constitutional plebiscite to be held in September of this year. In this context, the purpose of this interview is to analyze and evaluate the most important aspects of the constitutional process.
