Bibliographic citations
Tenazoa, K., (2023). Prueba de ADN en los derechos de identidad de hijos extramatrimoniales en los Juzgados de Paz Letrados de Tarapoto, 2019 [Universidad Nacional de San Martín. Fondo Editorial]. http://hdl.handle.net/11458/5636
Tenazoa, K., Prueba de ADN en los derechos de identidad de hijos extramatrimoniales en los Juzgados de Paz Letrados de Tarapoto, 2019 []. PE: Universidad Nacional de San Martín. Fondo Editorial; 2023. http://hdl.handle.net/11458/5636
@misc{renati/1056027,
title = "Prueba de ADN en los derechos de identidad de hijos extramatrimoniales en los Juzgados de Paz Letrados de Tarapoto, 2019",
author = "Tenazoa Pezo, Karolin Marissel",
publisher = "Universidad Nacional de San Martín. Fondo Editorial",
year = "2023"
}
In Peru, in response to the obligation to curb the increase of so-called extramarital children, the legislator enacted Law No. 28457, which regularizes the process of extramarital filiation, through which a special judicial system was implemented to carry out the proceedings arising from the process of a lawsuit for which blood tests and other biological tests leading to the truth or being more accurate are used. The following question has been raised: How is DNA evidence assessed in the identity rights of children born out of wedlock in the Magistrates' Courts of Tarapoto, 2019? The general objective is to determine the valuation of the DNA test in the identity rights of extramarital children in the Magistrates' Courts of Tarapoto, 2019. The specific objectives are i) To identify the application of DNA testing in the Magistrates' Courts of Tarapoto, 2019; ii) To recognize the identity rights of extramarital children in judicial proceedings in the Magistrates' Courts of Tarapoto, 2019; and iii) To analyze how the Magistrates' Courts of Tarapoto value DNA testing in the sentences issued on the identity rights of extramarital children. The scope of the research is geographically located in the district of Tarapoto at the headquarters of the Judicial Power - Magistrates' Peace Courts, comprising the period of 2019; the research is applied, of correlational level, non-experimental design, having as an instrument the questionnaire that was applied to 31 judicial employees among them Judges, legal specialists, and judicial assistants and auxiliaries and the documentary analysis guide to 51 sentences of declaration of extramarital paternity. The results of the application of the questionnaire show that 93.55% of the respondents state that there is effectiveness in the filiation processes, while 3.23% indicate that it is not effective, and 3.23% express that it is only sometimes effective; the analysis of the extramarital filiation sentence reveals that DNA testing was performed in only 8 sentences, which is equivalent to 15.69%; on the contrary, in 43 of the processes, equivalent to 84.31%, DNA testing was not performed. It concluded with a Rho Spearman index of 0.712, which can be classified as a direct and significant correlation between the variables with a p-value of 0.000, which means that the DNA test is applied to determine the kinship relationship between father and child, in addition to the identity rights of extramarital children, showing that the level of relationship between both variables is 50.69%.
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