Bibliographic citations
Balladares, O., (2021). Sobre la legitimidad de proscribir la participación electoral de organizaciones políticas ideológicamente incompatibles con el Sistema de Democracia Representativa en el Perú [Universidad de Lima]. https://hdl.handle.net/20.500.12724/14804
Balladares, O., Sobre la legitimidad de proscribir la participación electoral de organizaciones políticas ideológicamente incompatibles con el Sistema de Democracia Representativa en el Perú []. PE: Universidad de Lima; 2021. https://hdl.handle.net/20.500.12724/14804
@misc{renati/235779,
title = "Sobre la legitimidad de proscribir la participación electoral de organizaciones políticas ideológicamente incompatibles con el Sistema de Democracia Representativa en el Perú",
author = "Balladares De La Piniella, Oscar Alberto",
publisher = "Universidad de Lima",
year = "2021"
}
The Law of Political Organizations (LOP) establishes that among the aims and objectives of political parties is the defense of the democratic system. Since there are several concepts of democracy, what is the democratic system referred to in the norm? In accordance with the Constitution, with rulings of the Constitutional Court, and with international treaties to which Peru is a party, the existing democratic system in Peru is representative democracy. Representative democracy is the political system based on free elections, the alternation of power, the separation and independence of powers, representative government, political organizations, acceptance of participatory democracy mechanisms, the primacy of the Constitution and respect of fundamental rights. This implies that political organizations that subscribe ideologies with concepts of democracy incompatible with representative democracy, lack an essential element established in the LOP, which is why they cannot register in the Registry of Political Organizations (ROP) or, consequently, obtain legal status and participate in electoral processes. The analysis of different concepts of democracy, such as the case of proletarian democracy and organic democracy, as well as the way in which these political systems manifested themselves in history, are the theoretical framework from which this thesis - of a documentary and qualitative type - legally bases its argument as to why the electoral participation of political organizations incompatible with representative democracy should be prohibited. From a theoretical and historical perspective, both organic democracy and proletarian or popular democracy have systematically manifested themselves as dictatorial regimes and, therefore, contrary to fundamental rights. “Organic democracy“ is the name of the dictatorial system established in Spain by Francisco Franco; while “proletarian or popular democracy“ is the concept of democracy and the name adopted by the different communist dictatorships in history. Bearing in mind the above, for a political organization to claim such concepts of “democracy“ would imply not only non-compliance with what is prescribed by the LOP, but also that said organization would be using democratic channels to, in the event of coming to power and be consistent with its ideology, dismantle the democratic system itself. The banning of political movements of totalitarian ideology, both Nazis and fascists, as well as communists, is a reality in several countries of Central and Eastern Europe. This is because they are countries with a double dictatorial legacy. There, the ban occurs in varying degrees: constitutional prohibition, criminal conviction of totalitarian symbols and denial of the historical past, conviction resolutions, etc. In Peru, in 2012, the Registry of Political Organizations (RPO) denied Movadef, the Shining Path's political arm, its registration as a political party. Although the Movadef openly defines its ideology as Marxist-Leninist-Maoist-Gonzalo Thought, the RPO denied its registration just for embracing Gonzalo Thought. We consider that such registration should not only have been prevented by the subscription of Gonzalo Thought, but also by embracing Marxism, Leninism and Maoism, because they are also openly incompatible with representative democracy ideologies. Based on this premise, we argue that a political organization with a Marxist, Leninist or Maoist ideology, or a political front made up of movements of these tendencies, should be banned from electoral participation. In the same way, and although they are not a reality in Peruvian politics, no political movement of Nazi or fascist ideology, nor a political front made up of movements of these tendencies, should have a place in the electoral system. This research does not propose to outlaw the existence of movements of totalitarian ideology, nor does it focus on crimes such as terrorism or the apology of terrorism, nor on party financing, nor does it seek repression or censorship or imprisonment based on political ideas. This thesis focuses specifically on the problem of the prohibition of electoral participation based on the subscription of ideologies incompatible with the current democratic system, that is, with representative democracy.
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