Bibliographic citations
Orosco, D., Polo, D. (2023). Afectación al debido proceso en un caso de filiación extramatrimonial resuelto por el Tribunal Constitucional [Trabajo de Suficiencia Profesional, Universidad Peruana de Ciencias Aplicadas (UPC)]. http://hdl.handle.net/10757/670860
Orosco, D., Polo, D. Afectación al debido proceso en un caso de filiación extramatrimonial resuelto por el Tribunal Constitucional [Trabajo de Suficiencia Profesional]. PE: Universidad Peruana de Ciencias Aplicadas (UPC); 2023. http://hdl.handle.net/10757/670860
@misc{renati/411039,
title = "Afectación al debido proceso en un caso de filiación extramatrimonial resuelto por el Tribunal Constitucional",
author = "Polo Garcia, Diego Antonio",
publisher = "Universidad Peruana de Ciencias Aplicadas (UPC)",
year = "2023"
}
The present work of professional sufficiency has been developed based on the decision of the Constitutional Court in a constitutional grievance in which a violation of due process by the Permanent Civil Chamber of the Superior Court of Justice of North Lima was denounced. In effect, the ad quem did not consider the pater ist, figure by which a child born within a marriage has the husband as father. Likewise, the court did not grant the legal aid requested by the defendant declaring his paternity. In the sentence a process of extramarital filiation can be seen, which consists of the recognition of children born out of wedlock. Based on this, the present work will focus on the judicial process of extramarital filiation. To achieve this, essential laws such as the Political Constitution of Peru, Law 28457 “Law that regulates the judicial process of extramarital paternity filiation“ and the Civil Code, jurisprudence, legal research articles and doctrine of fundamental authors such as Cornejo, Placido and Avalos were consulted. In conclusion, the present work is based on a judgment of the Constitutional Court, which was selected for its interesting legal relevance with respect to issues of extramarital filiation, due process and right to identity. It is for this reason that it was chosen as a research topic, which is oriented to the analysis and development of the process of extramarital filiation resolved by the Constitutional Court focusing on the stages for the resolution of the same
This item is licensed under a Creative Commons License