Bibliographic citations
Peña, M., Gutierrez, R. (2024). Limitaciones a la libertad de la empresa en el marco del servicio educativo [Trabajo de Suficiencia Profesional, Universidad Peruana de Ciencias Aplicadas (UPC)]. http://hdl.handle.net/10757/675591
Peña, M., Gutierrez, R. Limitaciones a la libertad de la empresa en el marco del servicio educativo [Trabajo de Suficiencia Profesional]. PE: Universidad Peruana de Ciencias Aplicadas (UPC); 2024. http://hdl.handle.net/10757/675591
@misc{renati/508018,
title = "Limitaciones a la libertad de la empresa en el marco del servicio educativo",
author = "Gutierrez Sullca, Rhina Eduarda",
publisher = "Universidad Peruana de Ciencias Aplicadas (UPC)",
year = "2024"
}
This professional sufficiency work was based on the analysis of the Judgment issued by the Constitutional Court regarding the claim of unconstitutionality filed against Law 29947 on the Protection of Family Economy concerning the payment of tuitions in public and private institutes, higher education institutions, universities, and graduate schools (hereinafter referred to as the “Law“), whose file number is 00010-2014-PI/TC. The plaintiffs argue that the Law violated the principle of legal certainty since it lacks foundation, containing gaps and inaccuracies that result in a change in the rules of the game to the detriment of educational institutions. Likewise, it violated the freedom to contract, private initiative, freedom of business, university autonomy, among others. On the other hand, the Congress rejected these claims, alleging that the Law was clear in its scope and effects; furthermore, there was no violation of the aforementioned rights, justifying its intervention since education is both a fundamental right and a public service. Therefore, this study analyzed whether the principle of legal certainty is affected by the Law, as well as confirming whether the right to freedom of business and university autonomy in educational services is restricted. Based on this analysis, it is concluded that the Law is not unconstitutional, nor does it violate the principle of legal certainty, because what is regulated by the Law aims to safeguard the exercise of the fundamental right to education, as well as the provision of a public service
This item is licensed under a Creative Commons License