Doctorado en Derechos Fundamentales
URI permanente para esta colecciónhttps://hdl.handle.net/20.500.13053/2320
Navegar
Envíos recientes
Ítem Acceso abierto Relationship between labor harassment and the right to integrity of the administrative staff of the Ica fiscal headquarters between the years 2018 and 2019(Universidad Privada Norbert Wiener, 2023-02-22) Malatesta Reyes, Julia Rosa; Jáuregui Montero, José AntonioThe present work about factors of labor harassment, labor harassment or mobbing and its influence on the right to integrity. It aims to describe the phenomenon, analyze its causes and consequences regarding the worker and the institution, as well as analyze the various theories that have tried to explain it from organizational, psychopathological and relational perspectives. In order to achieve the proposed objectives, an exhaustive bibliographical review of the national and international literature has been carried out, from the first investigations on the subject, observing that the studies deal fundamentally with the factors that determine the appearance of workplace harassment or workplace harassment, its consequences and the duty of organizations to adopt internal policies and measures to prevent and punish them. For the development of the investigation, two structured questionnaires based on previous instruments have been used as instruments, so that they address the factors that generate the hostilization appropriate to the Peruvian reality, which were applied to administrative workers of the central headquarters of the Public Ministry of the Fiscal District of Ica, with which it is intended to know the perception of the behaviors related to labor harassment, how often they feel affected by said phenomenon and finally to know what consequences in their physical or psychological integrity they have perceived.Ítem Acceso abierto Police management in the use of force of the national police of Callao in the control of organized crime, year 2019(Universidad Privada Norbert Wiener, 2022-08-22) Villón Bruno, Sabino Ernesto; Cavero Soto, Leyla AguedaThe purpose of this investigation is to determine the relationship between the police management for the use of force of the National Police of Callao with the control of organized crime, year 2019. In this context, methodological aspects were used, based on a quantitative approach. , with an applied research under a non-experimental and transversal design. The sample was extracted using statistical formulas from a total population under study equal to 998 between managers and officials of the Callao Region, 2019. The survey was applied as an information collection technique and as instruments, a questionnaire with a Likert scale , that after its application, statistical tools were used for its tabulation, analysis and interpretation in a descriptive way, using Excel spreadsheets and the SPSS program, setting the mean and median of the data as comparative resources. As a general result, the relationship between police management for the use of force of the National Police of Callao with the control of organized crime, year 2019, was confirmed, since the mean and median of the second variable located at 4.36 and 4.37 compared to 4.31 and 4.33 of the first, it can be concluded that the current police management is not being favorable to control organized crime in the region, that even when there is a certain police management, the results obtained indicate that the Prevention actions for the use of force should be reviewed, taking into account the scope of the application of Article 8 of Supreme Decree No. 1186, on the use of force by the National Police.Ítem Acceso abierto The criminalization of eugenic abortion and the fundamental rights of women in the district of Lima Cercado 2017-2018(Universidad Privada Norbert Wiener, 2022-08-22) Paucar Gonzales, Manuela Nora; Cavero Soto, Leyla AguedaThe objective of the research is to determine the relationship between the criminalization of eugenic abortion and the fundamental rights of women in the District of Lima Cercado 2017-2018. The approach is mixed, applied with an explanatory level, the design was nonexperimental cross-sectional. The sample consisted of 23 cases of congenital malformations incompatible with life reported by the National Center for Epidemiology, Prevention and Control of Diseases that occurred in the department of Lima and 80 justice operators in the District of Lima Cercado. The techniques used to obtain the quantitative data were the survey (own) and the documentary analysis, as an instrument the questionnaire and document analysis file of the information reported by the National Epidemiology Center was used, in the case of qualitative data the instrument used was the review and analysis of a case of the Human Rights Committee. In conclusion, there is a significant relationship between the "right to life dimension and the criminalization of abortion" and "violation of the fundamental rights of women", with a correlation coefficient of 0.656, the alternative hypothesis is accepted: the right to The life and criminalization of abortion is related to the fundamental rights of women, which in turn is consistent with the recommendations made by the Committee for the Elimination of Discrimination against Women (CEDAW).Ítem Acceso abierto The conventionality and constitutionality of contract killings and the life sentence in Peru, a case analysis(Universidad Privada Norbert Wiener, 2022-06-20) Baca Chunga de Matos, Lucitania del Milagro; Cavero Soto, Leyla AguedaThe 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.Ítem Acceso abierto Discrimination, Andean culture and self-esteem in Cochapampa Chetilla- Cajamarca 2020(Universidad Privada Norbert Wiener, 2021-06-11) Arroyo Carrera, Santos Hipólito; Cavero Soto, Leyla AguedaThis research study analyzes the level of influence of discrimination, Andean culture and self-esteem in residents of Cochapampa Chetilla - Cajamarca 2020. A correlational design was applied in which 112 residents of the Cochapampa community participated, who responded to a survey out of 10 discrimination questions about your local outfits and the Cooper Smith self-esteem test. The results show that there is a very weak correlation regarding the study variables since it was obtained (rho = 0.075, p = 0.433). What is concluded that discrimination can slightly affect the self-esteem of the inhabitants, which indicates that they love their culture and their Andean roots.Ítem Acceso abierto Authentic title, qualification and registration in the Peruvian constitutional jurisprudence on property protection, Lima 2015 – 2020(Universidad Privada Norbert Wiener, 2021-06-19) Jiménez Saavedra, Hidelbrando; Cavero Soto, Leyla AguedaThe 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.Ítem Acceso abierto Analysis of the constitutional supremacy of fundamental rights in individual labor matters in the judgments of the Constitutional Court during the period 2007-2016(Universidad Privada Norbert Wiener, 2020-01-18) Lora Brenner, Carlos Armando; Tafur Portilla, Raúl ArturoThe present investigation is based on determining the relationship between the Constitutional Supremacy and the sentences of the Constitutional Court, in individual labor matters, for which a general negative hypothesis has been formulated, while it is proposed that the sentences of the Constitutional Court in Individual labor matters are not related to the concept of Constitutional Supremacy, since for its drafting the fundamental labor rights protected by the Magna Carta are not considered. In order to carry out this investigation, the Constitutional Court judgments in individual labor matters, from 2007 to 2016, which total 759 sentences and a sample of 86 sentences of the referred period have been taken as a population. Two qualitative variables have been considered, the first referring to the constitutional supremacy of fundamental labor rights and the second variable concerning the judgments of the Constitutional Court in individual labor matters. For the purposes of the investigation, variable 1, constitutional supremacy of fundamental rights in labor matters, has been operationalized, which is operationalized in two dimensions on the application of standards, in the same way variable 2, judgments of the Constitutional Court in labor matters individual, in five dimensions, that constitute the fundamental constitutional labor rights that are protected in the amparo process that are raised by affectation to this type of rights; For this, the right to dignity, work as duty and right, the right to equal opportunities without discrimination, the right to the inalienable nature of the rights recognized by the Constitution and the law, and the right to interpretation have been considered favorable to the worker in case of insurmountable doubt about the meaning of a norm. For the purposes of data collection, a Data Collection Card has been prepared, in order to record the results values of the indicators, which consist in the application or not of the fundamental rights in the text of the sentences, obtaining dichotomous results. From the result of the collection of the information obtained, making the verification of these data, it has been found that only 25.58% of the component judgments of the sample base their position on a fundamental right, of which 9.1% apply for resolution of the sentence constitutional principles, which is equivalent to two sentences out of a total of 22 sentences. On the other hand, it is found that 45.5% of sentences that are part of this group of sentences that base their position on a fundamental right, apply norms with the rank of law in their livelihood. By these data it is confirmed that the sentences of the Constitutional Court in individual labor matters, have no constitutional basis in their foundations, confirming the general hypothesis raised, although statistically it has been found that the database worked is not significant.