Bibliographic citations
Gonzales, C., Saraya, Y. (2023). La designación del procurador público municipal y la vulneración del principio de autonomía funcional en la Municipalidad Distrital de San Jerónimo – 2022. [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/6119
Gonzales, C., Saraya, Y. La designación del procurador público municipal y la vulneración del principio de autonomía funcional en la Municipalidad Distrital de San Jerónimo – 2022. []. PE: Universidad Andina del Cusco; 2023. https://hdl.handle.net/20.500.12557/6119
@misc{renati/960935,
title = "La designación del procurador público municipal y la vulneración del principio de autonomía funcional en la Municipalidad Distrital de San Jerónimo – 2022.",
author = "Saraya Silvera, Yomar",
publisher = "Universidad Andina del Cusco",
year = "2023"
}
This research study was born as a result of the provisions of article 29 of the Organic Law of Municipalities, which allows the designation of municipal public attorneys by the Mayor. In this sense, the purpose of this investigation has been described in which way the appointment of the municipal public attorney by the municipal mayor violates the principle of functional autonomy of the public attorney in the legal defense of the State. Well, we know that every public prosecutor exercises his function according to the guiding principles that govern the legal defense of the State, among them is the principle of functional autonomy; However, due to the appointment of the municipal public prosecutor by the Mayor, a relationship of subordination and favors is created that greatly affects the principle of functional autonomy, since there are interferences and external influences regarding the function performed by the public attorney, and in a general way, the affectation of all the guiding principles of the legal defense of the State. For this reason, the present study is approached with a qualitative approach, assuming the basic type of non-experimental design. Therefore, as a result after describing the designation of the municipal public prosecutor by the Mayor, a kind of relationship and link is created for such designation, restricting his actions as the Public Prosecutor for such designation; In addition to this, there is also the administrative dependency of the Municipality where it is assigned; then, it is worth noting that the Municipal Public Prosecutor is bound and limited in his actions, which directly and negatively affects the principle of functional autonomy.
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