Bibliographic citations
Lescano, S., (2020). Criterios objetivos para determinar la vacancia presidencial por incapacidad moral y el principio de legalidad [Tesis, Universidad Privada Antenor Orrego]. https://hdl.handle.net/20.500.12759/6850
Lescano, S., Criterios objetivos para determinar la vacancia presidencial por incapacidad moral y el principio de legalidad [Tesis]. PE: Universidad Privada Antenor Orrego; 2020. https://hdl.handle.net/20.500.12759/6850
@misc{renati/380613,
title = "Criterios objetivos para determinar la vacancia presidencial por incapacidad moral y el principio de legalidad",
author = "Lescano Castillo, Sandra Melissa",
publisher = "Universidad Privada Antenor Orrego",
year = "2020"
}
The present thesis report focused as a general objective to determine how to establish objective criteria to determine the presidential vacancy for permanent moral disability regulated in paragraph 2 of Article 113 of the Constitution affects the principle of legality. In the information gathering stage for the elaboration of the chapters of the theoretical framework, the sources of consultation were used, such as books, juridical journals and national and comparative legislation, using in the collection of the data the techniques of the signing and analysis of documents and as an instrument, the qualitative research files were used. As for the results of the research developed in the chapters of the theoretical framework, it was obtained that the executive power falls within the semi-presidential or mixed presidential system of government, that its organs are the president of the republic that is head of state and government and the council of ministers; the presidential vacancy goes back to the constitution of 1834 and that during the republican life three presidents have been vacated; and the objective criteria are framed in criteria to determine if a behavior is immoral and criteria to determine the verification and gradualness of the immoral behavior. The main conclusion of the research work is that establishing objective criteria to determine the presidential vacancy due to permanent moral incapacity regulated in paragraph 2 of article 113 of the Constitution has an efficient effect on the principle of legality, since it would allow the causal pre-established in a restrictive manner, it is recommended the modification of article 113 paragraph 2 of the constitution where the moral incapacity is defined and in which cases the scope or magnitude of the immoral conduct is presented and regulated in the Regulations of the Congress.
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