Citas bibligráficas
Jiménez, J., (2022). Corte Suprema y Constitución : la desconfiguración de nuestro más alto tribunal de justicia por obra de sus propios vocales supremos [Pontificia Universidad Católica del Perú]. http://hdl.handle.net/20.500.12404/21856
Jiménez, J., Corte Suprema y Constitución : la desconfiguración de nuestro más alto tribunal de justicia por obra de sus propios vocales supremos []. PE: Pontificia Universidad Católica del Perú; 2022. http://hdl.handle.net/20.500.12404/21856
@mastersthesis{renati/20608,
title = "Corte Suprema y Constitución : la desconfiguración de nuestro más alto tribunal de justicia por obra de sus propios vocales supremos",
author = "Jiménez Mayor, Juan Federico",
publisher = "Pontificia Universidad Católica del Perú",
year = "2022"
}
This thesis presents the dimension of the constitutional function of the Supreme Court configured to preserve the legal order, as well as to produce and order jurisprudence, having to exercise leadership in the justice system set binding precedents and jurisprudential doctrine. The thesis, in this sense, recalls the debates of the 1979 Constitution, where the role of jurisprudence and the Supreme Court was emphasized and where the incorporation of cassation was established not as a procedural norm, but as a power that confers on it a constitutional function. Based on this, the investigation shows some findings that express institutional dysfunctionalities of the Supreme Court of Justice that have been contributing to misconfigure the constitutional model, such as the high provisionality of magistrates - the highest in the Judiciary - and that it operates with nine specialized Chambers when the LOPJ contemplates only three; the appointment of provisional magistrates without following the strict order of merits contrary to the LOPJ and the LCJ, which is documented with precision by identifying events that occur; the high turnover and constant changes in the conformations of the Supreme Chambers, without consulting those affected. Similarly, the thesis analyzes the situation of many supreme members who add administrative tasks to their jurisdictional tasks, despite the distinction made by articles 143 and 146 of the Constitution. Finally, the thesis addresses the problem of jurisprudence and how the various Chambers of the Supreme Court took a long time to begin to establish jurisprudential doctrine and precedents, currently existing a disparate development in the Specialized Chambers, highlighting the development of the Criminal Chambers , highlighting that regulatory adjustments are required in the matter and that there is a better application of the appeal to prevent the Supreme Court from becoming one more instance that encourages the arrival of more cases that continues to congest our high court and especially the Chambers of Constitutional and Social Law. In this sense, the thesis points out that, if a Supreme Court orienting Law is sought based on quality jurisprudence, which provides predictability, legal certainty and preserves the principle of equality, the importance of a reasonable number of cases must be taken into account. that can be managed, and efforts must be made in this way. The thesis considers that in order to address these problems, it is necessary to start by recognizing that there is a problem, overcoming the current situation of comfort of the supreme magistrates, the forum and the academy, which have normalized an anomalous situation such as the one that affects the Supreme Court with an overload of cases that exceeds 48 thousand a year, with a provisional status of 80%, with constant changes in the composition at the beginning of the judicial year and when the presidency considers it —13 times in this year 2021—, among other aspects that contribute to weaken or affect institutional
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