Bibliographic citations
Aldave, M., (2024). Informe jurídico sobre Resolución recaída en el Exp. 01272-2017-PA-TC (Duberlis Nina Cáceres Ramos vs Poder Judicial) [Pontificia Universidad Católica del Perú]. http://hdl.handle.net/20.500.12404/28582
Aldave, M., Informe jurídico sobre Resolución recaída en el Exp. 01272-2017-PA-TC (Duberlis Nina Cáceres Ramos vs Poder Judicial) []. PE: Pontificia Universidad Católica del Perú; 2024. http://hdl.handle.net/20.500.12404/28582
@misc{renati/528871,
title = "Informe jurídico sobre Resolución recaída en el Exp. 01272-2017-PA-TC (Duberlis Nina Cáceres Ramos vs Poder Judicial)",
author = "Aldave León, María de Fátima Areté",
publisher = "Pontificia Universidad Católica del Perú",
year = "2024"
}
Nina Cáceres Ramos, who serves as a judge of the Superior Court, requests the immediate cessation of the violation of her right to enjoy free time, the free development of her personality, and labor rights through the filing of an protection process. She argues that, despite the Court Presidency granting her the maternity lactation leave she was entitled to by law, in practice, this leave was not respected. Hearings were rescheduled during this period, including late at night and on weekends. This situation was known to public officials, who argue that scheduling hearings at those times aims to achieve greater speed in the criminal justice system. The controversy revolves around whether the judge's right to equality, especially in its substantive dimension, was violated. Although this leave is recognized by numerous instruments, it is concluded that entrenched practices and the measures issued by the public officials did not consider the complainant's situation nor provided adequate conditions considering her state. To resolve the main issue, secondary issues are developed, such as the principle of equality, the actions of public officials and their relation to good governance, and finally, the substantive resolution of the Constitutional Court, which resolves the constitutional grievance appeal filed after the ruling that declared the amparo unfounded. For the resolution and development of the issues raised, the Political Constitution of Peru, national laws and related jurisprudence, as well as opinions, directives, and international instruments applicable to our country, will be consulted.
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