Bibliographic citations
Cumpa, D., Montesinos, P. (2021). La libertad de trabajo y el servicio policial extraordinario de los miembros de la Policía Nacional del Perú [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/4422
Cumpa, D., Montesinos, P. La libertad de trabajo y el servicio policial extraordinario de los miembros de la Policía Nacional del Perú []. PE: Universidad Andina del Cusco; 2021. https://hdl.handle.net/20.500.12557/4422
@misc{renati/954558,
title = "La libertad de trabajo y el servicio policial extraordinario de los miembros de la Policía Nacional del Perú",
author = "Montesinos Churapa, Paúl",
publisher = "Universidad Andina del Cusco",
year = "2021"
}
We must start by indicating that the police function is part of a relationship between the State and the police personnel, which is materialized with the police service, in that sense we must mention that the exercise of public force represents an exclusive activity in its performance; however, the scope of this exclusivity is a matter of analysis, since it clearly limits the exercise of labor rights; police personnel aren't recognized to be able to establish labor ties in another area, which denotes a limitation to their autonomy and free development. The police career establishes an employment relationship, with its own regime, on which the character of exclusivity in the day of service falls, so that such activity shouldn't affect their freedom to contract as an individual or subject of rights, during their recognized rest periods, because otherwise it undermines the freedom of work. The purpose of this investigation was to determine whether the prohibition of direct contracting to provide extraordinary police service with third parties violates the constitutional right to freedom of work of the police personnel of the National Police of Peru (PNP). Likewise, this research had a qualitative approach, basic research type, exploratory descriptive level, non-experimental research design of transversal cut, taking as population the members of the PNP, considering the technique of observation and bibliographic review. In the conclusions, the prohibition of direct contracting to provide extraordinary police service with third parties violates the right to freedom of work, since it has been regulated in excessively generic terms in the sixth final complementary provisions of Legislative Decree (D. Leg.) 1267, as it denaturalizes and undermines the constitutional right to freedom of work, which enjoys constitutional protection, Likewise, the eradication of the extraordinary police service violates the right to freedom of contract, so that the agreements signed between the PNP and public and private entities have been deducted to the detriment of the constitutional right to freedom of contract, and finally, the prohibition of the 24 X 24 service influences the economy of the Police personnel, in view of the fact that, (Directorial Resolution N° 12-2016-DIRGEN/EMG-PNP, 2016), approves the Regulation of working hours and shifts in the regime of full-time service of the National Police of Peru, where the 24 X 24 service that made it feasible for the police personnel to perform their police function one day and the other to perform private activity is practically eliminated. It's recommended to analyze and improve the regulatory framework of the PNP, with a debate in the Congress of the Republic, it would be necessary that the sixth final complementary provisions of Legislative Decree 1267 clearly establishes on extraordinary police service guaranteeing the freedom to hire and work according to the constitution, and the state must adopt different measures in order to safeguard constitutional rights and property of society, Therefore, the extraordinary police service is necessary to be in charge of the order and security of the people, and there wouldn't be a reduction of police personnel that could create a deficit in the protection of constitutional rights, because the extraordinary police service will be performed voluntarily and in a situation of vacations, permits and free time, but on the contrary, it increases the number of police officers in the streets.
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