Bibliographic citations
Aguedo, B., (2021). Lucha contra la corrupción: principio constitucional para el aseguramiento de su exigibilidad - Análisis de la Sentencia 0017-2011-PI/TC [Pontificia Universidad Católica del Perú]. http://hdl.handle.net/20.500.12404/19940
Aguedo, B., Lucha contra la corrupción: principio constitucional para el aseguramiento de su exigibilidad - Análisis de la Sentencia 0017-2011-PI/TC []. PE: Pontificia Universidad Católica del Perú; 2021. http://hdl.handle.net/20.500.12404/19940
@misc{renati/531774,
title = "Lucha contra la corrupción: principio constitucional para el aseguramiento de su exigibilidad - Análisis de la Sentencia 0017-2011-PI/TC",
author = "Aguedo Huiza, Beatriz Alexandra",
publisher = "Pontificia Universidad Católica del Perú",
year = "2021"
}
The general objective of the report is to present an analysis of the legal problems found in the Peruvian Constitutional Court ruling No. 0017-2011-PI / TC, which deals with the unconstitutionality claim against some provisions of Law 29703 that modified art. 384 (crime of collusion) and article 401 (influence peddling) of the Peruvian Criminal Code. To carry out the analysis, first the content of the doctrine and jurisprudence was developed; later, the reasoning of the Court embodied in the sentence was described, in order to finally present the position and personal legal analysis. In the first place, the impact on the interpretation on the legally-protected right of the crime of collusion was identified by the modification given by Law 29703, which unprotected such legally protected right indicated by the Court and went against the constitutional principle of fighting against corruption as an enforceability mandate from the legislator. A second problem was the extreme of the Court's ruling in relation to the conception of simulated influence-peddling crime, which we consider to be in violation of the constitutional principle of fighting corruption by not adequately protecting the legally-protected right of said crime. Likewise, it was identified that the Court did not correctly develop the aforementioned principle of fighting against corruption as part of its argumentation throughout the judgment, which would have allowed a better understanding of its mandate for the entire legal system. Finally, the Court did not rule on the normative hierarchy of the UN Convention against Corruption by not developing it in the judgment, for which we are of the interpretation that said treaty was considered as an interposed norm, part of the constitutional body of law, from which the unconstitutionality of Law 29703 was declared.
This item is licensed under a Creative Commons License