Bibliographic citations
Pacheco, L., Oscco, O. (2022). Inconstitucionalidad de las detenciones policiales por falta del Documento Nacional de Identidad en el distrito de Abancay, 2019 – 2021 [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/5521
Pacheco, L., Oscco, O. Inconstitucionalidad de las detenciones policiales por falta del Documento Nacional de Identidad en el distrito de Abancay, 2019 – 2021 []. PE: Universidad Andina del Cusco; 2022. https://hdl.handle.net/20.500.12557/5521
@misc{renati/24507,
title = "Inconstitucionalidad de las detenciones policiales por falta del Documento Nacional de Identidad en el distrito de Abancay, 2019 – 2021",
author = "Oscco Pacheco, Omar Gustavo",
publisher = "Universidad Andina del Cusco",
year = "2022"
}
The general objective of this research was to determine legally and factually if the detentions carried out by the National Police of Peru for lack of an identity document, occur within the framework of the Political Constitution of the State, in the district of Abancay, 2019 to 2021; it was postulated as a general hypothesis that, police detentions of people who do not have their national identity document are unconstitutional, since they do not meet the constitutional assumptions to make a detention, that is, it is not given by duly motivated court order, nor in case of flagrante delicto. Despite the fact that, in our country, the absence of an identity document does not constitute a crime and, therefore, a detention based on this reason is unconstitutional, a significant number of people have been detained for not carrying their national identity document at the time of police intervention in the territory studied. Within the thematic development, the theory on the Right to Personal Liberty, police control for citizen security, reasonableness and proportionality of police interventions for lack of National Identity Card were developed and analyzed. The research was qualitative of a propositional legal type, the discussion of the results was carried out through legal argumentation based on theoretical and factual data. The hypotheses were validated and the main conclusion was that police arrests of people who do not carry their national identity card are unconstitutional since they are carried out in violation of the constitutional assumptions to carry out an arrest, that is, they are not carried out by court order or in cases of flagrante delicto. Likewise, the main recommendation is to provide permanent training to police officers from a perspective of Constitutional Supremacy, since this is the first mechanism to improve the interventions carried out by police personnel, as well as to encourage respect for human rights and parameters conferred by the Constitution and the law to carry out arrests in order to avoid the violation of the fundamental right of freedom.
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