Bibliographic citations
Hernani, B., (2022). La inconstitucionalidad del artículo 50° de la constitución política del estado peruano a causa de la vulneración del principio constitucional de Laicidad [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/4522
Hernani, B., La inconstitucionalidad del artículo 50° de la constitución política del estado peruano a causa de la vulneración del principio constitucional de Laicidad []. PE: Universidad Andina del Cusco; 2022. https://hdl.handle.net/20.500.12557/4522
@misc{renati/960897,
title = "La inconstitucionalidad del artículo 50° de la constitución política del estado peruano a causa de la vulneración del principio constitucional de Laicidad",
author = "Hernani Dongo, Bedrick Ill´m",
publisher = "Universidad Andina del Cusco",
year = "2022"
}
The Peruvian State is a Constitutional State of Law, so our Political Constitution is the fundamental law, which establishes the basic principles for the functioning of the State; being one of them the constitutional principle of laicity, which is recognized in our Political Constitution in an implicit way, having a jurisprudential recognition, because the Constitutional Court mentions that the recognition of the principle of laicity is found in the article 50 of the Political Constitution, since it mentions the regime of “independence and autonomy“; However, in the same article, the Catholic faith is explicitly recognized for its work and, as a consequence, it collaborates with it in an obligatory manner, while the collaboration with the rest of the confessions is totally conditioned. This collaboration with the Catholic faith is known as the Concordat, which was signed in 1980 and was approved by Legislative Decree No. 23211. The Concordat granted several benefits to the Catholic faith, such as the differentiated economic regime, since several tax benefits are granted to the Catholic faith as well as an economic benefit to the same, making payments to the ecclesiastical personal; and there is religious education, because the religion course is considered an ordinary course, teaching within it everything related to the Catholic religion, which is unconstitutional because it violates the fundamental rights of equality and religious freedom, which are a fundamental element of the constitutional principle of laicity. In this sense, and in the search for legal certainty and full respect for the Political Constitution, the present thesis intends to demonstrate the unconstitutionality of Article 50 of the Political Constitution, and, therefore, of the Concordat signed in 1980.
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