Citas bibligráficas
Chillihuani, S., (2023). Los derechos fundamentales como límites para el accionar de la justicia comunal en las comunidades nativas del departamento de Madre de Dios [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/6022
Chillihuani, S., Los derechos fundamentales como límites para el accionar de la justicia comunal en las comunidades nativas del departamento de Madre de Dios []. PE: Universidad Andina del Cusco; 2023. https://hdl.handle.net/20.500.12557/6022
@mastersthesis{renati/956319,
title = "Los derechos fundamentales como límites para el accionar de la justicia comunal en las comunidades nativas del departamento de Madre de Dios",
author = "Chillihuani Casa, Sandra",
publisher = "Universidad Andina del Cusco",
year = "2023"
}
The thesis entitled “Fundamental rights as limits for the actions of communal justice in the native communities of the department of Madre De Dios”, was prepared on the basis of the following objectives: 1) Specify how the reference to rights should be understood. fundamental rights as limits to the actions of communal justice in the native communities of the department of Madre de Dios; 2) Analyze whether fundamental rights affect the regular exercise of communal justice in the native communities of the department of Madre de Dios; 3) Analyze whether the fact of recognizing jurisdictional functions to the native communities of Madre de Dios implies that the state waives punitive power through the ordinary jurisdictional function; 4) Determine the way to address the relationships between communal justice in native communities of Madre de Dios and ordinary justice taking into account fundamental rights, and 5) Suggest the way to apply the “culturally conditioned misunderstanding” in criminal cases that occurred in native communities subject to ordinary state jurisdiction, when fundamental rights are violated. The working hypothesis was, the reference to fundamental rights as limits to the actions of communal justice in the native communities of the department of Madre de Dios, should be understood as respect for indigenous jurisdictional autonomy, without reaching a submission to the free consideration of the customary authorities, since situations of domination, arbitrariness or violence, unsustainable in a Constitutional State, cannot be protected by custom. The thesis consists of four chapters. The first chapter contains the statement of the problem in which it covers the transcended facts, as well as what is stated in article 149 of the Magna Carta, which prescribes that, “The authorities of the Peasant and Native Communities, with the support of the Peasant Rounds, may exercise jurisdictional functions within their territorial scope in accordance with customary law”. The second chapter contains the theoretical framework where it is developed: the international, national and local background, as well as the theoretical bases that will form the platform on which the analysis of the results obtained in the work is built; without it, the results cannot be analyzed, likewise, topics such as: The historical formation of fundamental rights, the declaration of rights, classification of fundamental rights, function of fundamental rights, fundamental rights in the constitutional order (Peru ), fundamental rights according to the Constitutional Court in jurisprudence, limits of communal justice established by the constitution and jurisprudence, communal justice in native communities, the constitutional foundation of communal justice, relationship between communal justice and ordinary jurisdiction from the intercultural approach and respect for fundamental rights, jurisprudential development of ordinary jurisdiction, the right to identity and cultural ethnicity, etc. The third chapter contains the methodological design; the focus of the investigation that is part of the present, type of investigation, temporal space, the techniques to be used. The fourth chapter contains the results and analysis of the findings; At the end of the work, we present the conclusions and recommendations, in order to establish the limits for the actions of communal justice in the native communities, as well as the competence of the special jurisdiction that emerged in its territorial scope and the native communities of the department of Madre de Dios.
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