Bibliographic citations
Guerra, G., (2017). El principio de razonabilidad en la vulneración del derecho a la unidad familiar (propuesta legislativa). [Tesis, Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/1633
Guerra, G., El principio de razonabilidad en la vulneración del derecho a la unidad familiar (propuesta legislativa). [Tesis]. : Universidad Andina del Cusco; 2017. https://hdl.handle.net/20.500.12557/1633
@misc{renati/27705,
title = "El principio de razonabilidad en la vulneración del derecho a la unidad familiar (propuesta legislativa).",
author = "Guerra Polanco, Gerson Gabriel",
publisher = "Universidad Andina del Cusco",
year = "2017"
}
With the enactment of Law No. 30364 “Law to Prevent, Punish and Eradicate Violence Against Women and Family Group Members“ and its regulations, Supreme Decree No. 009-2016- MIMP, the Peruvian State has It is intended to solve the high rates of family violence experienced in recent years in our country. The present investigation arises from the following question: Why should the Principle of Reasonableness be observed to safeguard the right to the Family Unit when the measure of protection of retirement from the aggressor's home is issued? This question arises from the analysis that we will appreciate in the development of this work. From this in this work will be analyzed and determine the legal nature of the family violence process with the new law 30364, as well as the Principle of Reasonableness, to the extent of protection of removal from home by the aggressor. Being necessary to determine its legal nature for a better study and treatment. After considering the problems and objectives will seek to provide solutions to this, so that legal operators take into account this principle at the time of issuing this measure of protection. In the theoretical framework, this study has a national background which is based on the study of the new law N ° 30364, which will have a theoretical basis with study of the family and the laws that protect them and how the new law shows a conjugation between analogy and reasonableness, although it is strictly within the law, we will study the evolution of the family as it is protected and to whom this law protects and how the laws related to the protection of the family and members of the family were modified. The same. The final objective of the investigation is to carry out an analysis regarding the studies that were done on the new law of family violence and the principle of reasonableness in order to demonstrate to the legal community and the population in general that the legal operator must observe the principle of reasonableness when this measure of protection is specifically issued and safeguarding the integrity of the family as a core principle of society.
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