Bibliographic citations
Curaca, M., Castillon, I. (2023). La aplicación del control difuso del juez penal en el delito de robo agravado [Trabajo de Suficiencia Profesional, Universidad Peruana de Ciencias Aplicadas (UPC)]. http://hdl.handle.net/10757/670172
Curaca, M., Castillon, I. La aplicación del control difuso del juez penal en el delito de robo agravado [Trabajo de Suficiencia Profesional]. PE: Universidad Peruana de Ciencias Aplicadas (UPC); 2023. http://hdl.handle.net/10757/670172
@misc{renati/409535,
title = "La aplicación del control difuso del juez penal en el delito de robo agravado",
author = "Castillon Barros, Ivonne Elizabeth",
publisher = "Universidad Peruana de Ciencias Aplicadas (UPC)",
year = "2023"
}
In the present work on Criminal Law, the diffuse control of criminal judges and application in the face of a sentence issued by the Constitutional Court was developed as a topic based on File No. 00413-2021-PHC/TC PIURA of which The foundations of the Constitutional Court (TC) in matters of aggravated robbery, the singular votes and critical analysis of the aforementioned file were rescued. In addition, the problem was related to the following question: Is it possible to apply diffuse control by criminal judges in the face of a sentence issued by the TC? To answer this question, necessary basic concepts were explained from various sources such as electronic and physical books, articles, judgments and video that allowed us to elucidate the question and subsequent opinion on the sentence of the file mentioned above. In that sense, the objective of this work was to determine whether criminal judges in future cases related to aggravated robbery could subject their decisions to diffuse control and move away from what was ruled in the TC. Finally, we conclude that the criminal judge can apply diffuse control, mainly due to the support of our Magna Carta, having previously carried out a certain analysis of whether or not a law is constitutional and consider the limits and rules of diffuse control, as well as the application of the proportionality test, hand in hand with the principle of rationality in order to make an adequate decision.
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