Bibliographic citations
Vera, J., (2022). El articulo 39-A de la constitución política del Perú y la presunción de inocencia [Tesis, Universidad Privada Antenor Orrego. Escuela de Postgrado]. https://hdl.handle.net/20.500.12759/9412
Vera, J., El articulo 39-A de la constitución política del Perú y la presunción de inocencia [Tesis]. PE: Universidad Privada Antenor Orrego. Escuela de Postgrado; 2022. https://hdl.handle.net/20.500.12759/9412
@mastersthesis{renati/371172,
title = "El articulo 39-A de la constitución política del Perú y la presunción de inocencia",
author = "Vera Pereda, José Antonio",
publisher = "Universidad Privada Antenor Orrego. Escuela de Postgrado",
year = "2022"
}
The present research work covered the problems observed by the researcher related to the contradiction between two legal precepts; that is, the constitutional amendment contained in article 39-A of our Constitution and the provisions of paragraph 1 of Article II of the Preliminary Title of Legislative Decree No. 957, which approves the Code of Criminal Procedure; in turn, in accordance with the provisions of article 2, paragraph 24, letter ““e““ of the same Constitution. In the research we have analyzed legal institutions such as the Public Function, the Presumption of Innocence, Equality before the Law and the Dignity of the Human Person, among others from a doctrinal, normative (national and supranational), jurisprudential perspective, as well as considering the position ofspecialists in Law, finally concluding that the prohibition to exercise public function in positions of trust to those who have a sentence in the first instance contradicts the Presumption of Innocence as his criminal responsibility has not been declared by a final conviction; therefore, extending the legal presumption of his innocence, the effects of a sanction that can be reversed in the second instance cannot be effected, precisely because it does not have the quality of ““firm““; For this reason, it was formulated as a statement of the problem: How does the legal precept of article 39-A of the Political Constitution contradict the Principle of presumption of innocence? In the course of the research, the need to accommodate research methods, techniques and instruments in order to achieve the proposed objectives was identified; as well as research method we rely on the Scientific method managing to increase the knowledge of the variables of the problem; in relation to the methods used to collect and analyze the necessary information that is contained in the theoretical framework wasthe Analytical and Synthetic, Inductive – Deductive method (also used in the elaboration of the conclusions), the Historical method in the identification of the antecedents of the institutions contained in the aforementioned variables under study, the Doctrinal method in order to identify the position of the doctrinaires that support the proposed hypothesis; among the techniques, Observation, Information Gathering and Interview were used; while the instruments used were e Notebook and the Interview Script. 7 The results achieved were discussed, thus subscribing not only to the observed legal phenomenon but also to the position of the existence of the contradiction between the constitutional amendment contained in article 39-A of our Constitution and the provisions of paragraph 1 of Article II of the Preliminary Title of Legislative Decree No. 957, which approves the Code of Criminal Procedure.
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