Bibliographic citations
Covarrubias, C., (2020). La necesidad de la tipificación de las infracciones constitucionales en la Constitución Política del Perú [Tesis, Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/3574
Covarrubias, C., La necesidad de la tipificación de las infracciones constitucionales en la Constitución Política del Perú [Tesis]. : Universidad Andina del Cusco; 2020. https://hdl.handle.net/20.500.12557/3574
@mastersthesis{renati/24544,
title = "La necesidad de la tipificación de las infracciones constitucionales en la Constitución Política del Perú",
author = "Covarrubias Álvarez, Carlos Isauro",
publisher = "Universidad Andina del Cusco",
year = "2020"
}
The objective of this present research work was to determine if it is necessary to establish the constitutional violations in the Political Constitution of Peru. The methodology used in the study corresponds to a qualitative approach study of qualitative - explanatory design, the type corresponds to a proactive legal study; The study population was composed of three doctrines related to constitutional violations carried out by senior officials, in the same way interviews have also been conducted with 100 lawyers from the city of Cusco; The data collection technique consists of the documentary analysis and interview guide. Among the conclusions it can be evidenced that part of the given proposal, the constitutional violations of the political constitution of Peru would be: treason crimes, attacks on public security, concussion, violations of the Constitution, for non-attendance at plenary meetings, indignity for bad conduct. Likewise, the Doctrine of the aforementioned texts mentions that the nature of the Constitutional infractions is purely Political and they arise when the senior public official incurs a constitutional infraction resulting in a disqualification sanction. In the same way for 80% of the lawyers of the city of Cusco the constitutional infractions of the political constitution of Peru are of a political nature. On the other hand, after having analyzed the doctrine and jurisprudence of the texts and the Constitutional Court, if it affects the principle of legality, since any exercise of a public power must be carried out in accordance with current law and its jurisdiction and not the will of the people; according to the perspective of 84% of the lawyers of the city of Cusco when it is intended to sanction Constitutional violations of the political constitution of Peru also if it affects the principle of legality. Finally, in the Doctrine it indicates that it is necessary to classify Constitutional violations since, if these behaviors were omitted, they would not be punishable because established principles and rights would be violated. Similarly, the classification of constitutional violations in the political constitution of Peru according to 94% of the lawyers of the city of Cusco is very necessary
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