Bibliographic citations
Burga, E., (2017). Identificación de los instrumentos normativos y políticos en materia anticorrupción que se han debido implementar en el Perú a partir del informe final de la Comisión de la Verdad y Reconciliación [Tesis, Universidad Privada del Norte]. https://hdl.handle.net/11537/10655
Burga, E., Identificación de los instrumentos normativos y políticos en materia anticorrupción que se han debido implementar en el Perú a partir del informe final de la Comisión de la Verdad y Reconciliación [Tesis]. PE: Universidad Privada del Norte; 2017. https://hdl.handle.net/11537/10655
@misc{renati/518239,
title = "Identificación de los instrumentos normativos y políticos en materia anticorrupción que se han debido implementar en el Perú a partir del informe final de la Comisión de la Verdad y Reconciliación",
author = "Burga Navarrete, Eduardo Wenceslao",
publisher = "Universidad Privada del Norte",
year = "2017"
}
ABSTRACT In this study, we examined the impact it has had the issuance of reports by the Commission of Truth and Reconciliation, as a result of 20 years of armed conflict in our country, for the establishment of policy instruments in Peru. In this context, it has sought to determine the importance of truth as a means of redress of crimes against humanity and to what extent can be considered as an inherent right of humanity, also the importance of the establishment of committees constituted with third impartial civil seeking to find the historical truth of traumatic events experienced in a country. In the second chapter, it has sought to develop a historical demarcation, seeking to identify the main features of the act every one of the members of the armed conflict, achieving position ourselves in an objective analysis of the consequences brought about by the internal armed conflict experienced in our country. In the third chapter, the development of international humanitarian law over time and the importance of a government that safeguards the non-infringement of the rights inherent in man addressed. Also analyzed, contextualization of government development in this area during the 20 years of conflict analyzed, mainly democratic deformation which led to the violation of many human rights factor in the government of former President Alberto Fujimori Fujimori. In the fourth chapter, we sought to analyze the jurisprudence of the International Criminal Court and the Inter-American Court of Human Rights, referring to the delimitation of responsibility for active subjects, whether civil authors or domes of governmental power, on crimes that transgress inherent rights of the human person. thus finding a common denominator in the case-law of international charters and the need for the right to truth for the repair of crimes against humanity. The four chapters were confronted with labor and doctrinaire experience of three representatives of the Superior Court of Justice, Attorney General, the Ombudsman, respectively, also a representative of the Bar Association and two professors specialized in Political Science and Constitutional Law, all the region of La Libertad, being able to contrast considerably which included the study and analysis of the historical context of the conflict studied and the impact of the reports issued by the Commission of Truth and Reconciliation. After all this inter elapsed it could arrive at the conclusion that the Peruvian State only established normative instrument of criminal and procedural criminal, such as the new Criminal Procedure Code and the restructuring of Title XVIII of the Criminal Code criminalizes offenses against the administration public, based on these Recommendations in the reports of the Commission of Truth and Reconciliation, evidence of this is that each recommendation concerning the development of policy instruments of constitutional and administrative nature are valid until today, showing that still persist democratic shortcomings that were expected to solve, that were detonators and evidenced in the internal armed conflict in Peru also that various regulatory instruments generated a degree of restructuring of state for democracy were established, however did not have as foundation to the recommendations expressed by the Commission of Truth and Reconciliation, but international pressure that was much more obvious product of rapid development of globalization in the early twenty-first century and doctrinal currents that took root in Peru, just as the Commission of Truth and Reconciliation had as its main achievement proper investigative function that allowed collect evidence and standards of proof that were used for the investigation and subsequent prosecution of those responsible for the commission of offenses related to the armed conflict lived in Peru, such including enforced disappearances, killings, rape, serious injury, crimes against humanity and crimes of genocide and finally that the Commission of Truth and Reconciliation, managed to evaluate the due process in the judgments made during the twentieth experienced decades of conflict. Thus allowing citizens sentenced or detained arbitrarily be reevaluated in their degree of involvement in crimes.
This item is licensed under a Creative Commons License