Bibliographic citations
Fernández, A., (2022). Derechos constitucionales vulnerados como consecuencia de la falta de regulación del desistimiento voluntario en la ley de servicio militar (Ley 29248) [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/5357
Fernández, A., Derechos constitucionales vulnerados como consecuencia de la falta de regulación del desistimiento voluntario en la ley de servicio militar (Ley 29248) []. PE: Universidad Andina del Cusco; 2022. https://hdl.handle.net/20.500.12557/5357
@mastersthesis{renati/959516,
title = "Derechos constitucionales vulnerados como consecuencia de la falta de regulación del desistimiento voluntario en la ley de servicio militar (Ley 29248)",
author = "Fernández Lara, Alex",
publisher = "Universidad Andina del Cusco",
year = "2022"
}
This research focuses on studying the fundamental rights that have been violated due to the lack of a text that repeals in the Voluntary Military Service Law (Law 29248), for which the question was formulated: What are the Rights Fundamentals violated by the lack of regulation of withdrawal in the Voluntary Military Service Law, Law 29248? Where it was demonstrated through the objective to determine the fundamental rights violated by the lack of regulation of the withdrawal in the Law of Voluntary Military Service, Law 29248, having as unit of analysis: The desertion processes of the Superior Military Police Court South East Cusco in the period from 2018 to 2021. Concluding that the content of Law 29248 does not consider the possibility of giving up the use of autonomy and self-determination to recruits who no longer want to remain in military service due to multiple factors such as the absence of the fulfillment of commitments by the Peruvian Army, or because in its development better possibilities or events have arisen that may be fundamental for the development and well-being of the person, in that sense the Voluntary Military Service Law does not allow acting to the person with freedom, this fact of not allowing the army to leave with justified causes, violates the right to the free development of the personality and the right to equality of persons; as well as one of the consequences of the absence of regulation of withdrawal is that recruits commit the crime of desertion without any other possibility with the consequences that this brings; among them, being investigated for the alleged commission of the indicated crime and being sentenced to a custodial sentence, together with a payment of civil compensation; aspects for which we consider that there is a serious violation of the fundamental rights of the person, and that were developed throughout this investigation.
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