Efectos de las sentencias constitucionales en el Perú.

Authors

  • DOMINGO GARCÍA BELAUNDE y GERARDO ETO C

Keywords:

Constitutional rulings, execution of rulings, Habeas Corpus, Amparo, Habeas Data, Compliance, People’s Suit, Inconstitucionality, Competencies, Effects of rulings, State’s patrimonial obligations.

Abstract

The article gives an initial description of rulings and their consideration within Peruvian procedural ordenances, especially under the prevailing constitutional procedural code. It reviews the rulings handed down in trials for Habeus Corpus, Amparo, Habeas Data, Compliance, People’s Suit, Competencies and Inconstitutionality, the way they should be executed and the most relevant jurisprudence issued by the Peruvian consitutional court over the last few years. It develops an argument regarding the relationships between the judiciary and the constitutional court, dealing with much debated and poorly defined aspects, such as the status of contested rulings. An important aspect that has led to serious arguments is State compliance with patrimonial obligations. This continues to be an insoluble problem due to a lack of political will. It ends with collateral aspects, such as the personal effects of rulings, their costs and their payment.

Published

2008-12-19

Issue

Section

THE IMPACT OF THE CONSTITUTIONAL JUDGMENTS