Challenges of coordination between communal justice of the peasant patrols and ordinary justice in Peru: a critical review of Plenary Agreement No. 1-2009/CJ-116

Alarcón-Requejo G. · Juridicas (2023) · DOI: 10.17151/jurid.2023.20.1.5

Resumen

The Acuerdo Plenario No. 1/2009/CJ-116 is a contribution of the Supreme Court of Peru that contains normative elements to concretize the coordination between the special communal jurisdiction and the ordinary jurisdiction, given the constitutional and conventional mandate that sustains the recognition of the jurisdictional function of the peasant patrols in Peru. Through the review of the Agreement in relation to the system of sources of law and the requirements of legal pluralism, this article aims to explain the normative elements elaborated by the judges and identify their points of coincidence with the pronouncements of the Constitutional Tribunal. This evaluation is made through the documentary analysis of primary and secondary sources, which allowed us to identify as the main point of convergence between both Courts, the exhortation to the legislator to comply with the mandate of Article 149 of the Constitution, which requires the enactment of a development law regulating the relationship between the two jurisdictions. © (2023), (Universidad de Caldas). All Rights Reserved.

Instituciones: Universidad Nacional Pedro Ruiz Gallo