Doctorado en Derechos Fundamentales

URI permanente para esta colecciónhttps://hdl.handle.net/20.500.13053/2320

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Examinando Doctorado en Derechos Fundamentales por Materia "Legal procedure"

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    PublicaciónAcceso abierto
    La convencionalidad y constitucionalidad del sicariato y de la pena de cadena perpetua en el Perú un análisis de caso
    (Universidad Privada Norbert Wiener, 2022-06-20) Baca Chunga de Matos, Lucitania del Milagro; Cavero Soto, Leyla Agueda
    The thesis aims to analyze to scope of the principles of Legality, Human Dignity and Resocialization recognized in the American Convention on Human Rights and the Peruvian Constitution, which are violated with the crime of hitman and its punishment of life imprisonment in Peru. For this, a qualitative approach to the case study is carried out, analyzing national norms, resolutions of the Inter-American Court of Human Rights (IACHR), Supreme Court and outstanding doctrine, interviews with jurists, becoming the techniques to obtain data, which are analyzed from an analytical and interpretative perspective, to solve the proposed objectives and the techniques described above. Scientific rigor is safeguarded with criteria of credibility, applicability, trust, authenticity and integrity of the results proposed in the thesis, which are achieved with triangulation of results, and it is important to establish Definitions of the categories raised as they are hit men from the principle of Legality, life imprisonment in two subprinciples Human Dignity and Resocialization, analyzing their antecedents and opinions of recognized doctrinaires, for which we conclude that in order not to violate the principle of Legality in its form of lex Certainly, an interpretation must be given to it in accordance with the Constitution, understanding that this benefit can only be understood as an economic benefit, so as not to denature the crime of hitman. Likewise, we conclude that the sentence of life imprisonment should be declared unconstitutional because it affects human dignity and for not fulfilling the resocializing purpose.
  • Miniatura
    PublicaciónAcceso abierto
    Titulación auténtica, calificación e inscripción registral en la jurisprudencia constitucional peruana sobre protección de la propiedad, Lima 2015 - 2020
    (Universidad Privada Norbert Wiener, 2021-06-19) Jiménez Saavedra, Hidelbrando; Cavero Soto, Leyla Agueda
    The objective of this thesis is to understand the legal scope of the authentic degree, qualification and registration in the Peruvian constitutional jurisprudence regarding the protection of property rights, Lima 2015-2020. The approach with which the research is approached is qualitative, through the case study, using national and comparative regulations, resolutions of the Constitutional Court, classical and updated grounded doctrine, interview specialists as techniques for obtaining data those that are analyzed from an analytical and interpretive perspective that responds to the stated objectives and referred techniques. Scientific rigor is ensured through criteria of credibility, transferability, security / auditability and confirmability with which it is obtained as results, by triangulation, the verification of the existence of jurisprudential criteria that contain requirements greater than those established by law, this allows us to conclude on the need to formulate definitions of the categories, including those that may need the design of a new registry system.