Citas bibligráficas
Palacios, (2024). Inconvencionalidad de la dúplica de plazos prescriptorios para los particulares en los delitos contra la administración pública [Tesis, Universidad Privada Antenor Orrego]. https://hdl.handle.net/20.500.12759/21671
Palacios, Inconvencionalidad de la dúplica de plazos prescriptorios para los particulares en los delitos contra la administración pública [Tesis]. PE: Universidad Privada Antenor Orrego; 2024. https://hdl.handle.net/20.500.12759/21671
@misc{renati/371362,
title = "Inconvencionalidad de la dúplica de plazos prescriptorios para los particulares en los delitos contra la administración pública",
author = "Palacios Ramírez Frescia Mirella",
publisher = "Universidad Privada Antenor Orrego",
year = "2024"
}
In this research, what was developed was, basically, an approach based on the control or conventionality test of the regulation contained in article 41 last paragraph of our Magna Carta, based on the essential content of the right to equality and taking into consideration that this right has been developed, both at a conventional and constitutional level, as one of a fundamental and necessary nature for the establishment and a Constitutional State of Law, where, not only is equal treatment sought for those who are in the same situation, but also which is part of the scope of this fundamental right, the differentiated treatment that must be given to those who find themselves in different conditions or situations. In relation to the scope of this fundamental right, the regulation of the constitutional reform of article 41 through law 30 650 is contrasted, in which, without having further justification in its statement of reasons and absolutely lacking motivation for the purposes of extending the scope of the duplicity of the periods of prescription of criminal action against individuals, a clearly wrong and, above all, unconventional reform has been carried out in the constitutional text, since it was proven during the investigation - based on the hermeneutic method, and from the comparative method, in addition to the doctrinal method in conjunction with the analysis of jurisprudence, that doubling the periods of prescription of criminal action against individuals violates the principle of equality because they (individuals) do not have the special duty to protect the public administration that does weigh on public officials and servants. Finally, based on the constitutionality test, the possibilities of solving the problem have been pointed out since it is inconceivable that a Constitutional State of Law is housed within the same fundamental letter, texts that contradict the dogmatic part of the Constitution itself and the American Convention on Human Rights
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