Constitutional recognition of the fight against corruption as a primary duty of the Peruvian State and creation of the National Anticorruption System

Rodríguez Cairo V.; Barrantes Martínez A.M. · Cuestiones Constitucionales (2025) · DOI: 10.22201/iij.24484881e.2025.53.19282

Resumen

The objective of the study is to propose the recognition of the principle of the fight against corruption as a primary duty of the Peruvian State and the creation of the National Anticorruption System (SNA). The approach was qualitative, the level descriptive, the method analysis-synthesis, and as a technique, the documentary review of the jurisprudence of the Constitutional Court (TC), articles published in indexed journals and data on corruption. The main finding is that, although the jurisprudence of the Constitutional Court has considered the fight against corruption as an implicit principle linked to articles 39, 41 and 44 of the Constitution, it has not related it to articles 34-A, 39-A, 43 and 76. It was concluded that, to confront corruption, the partial interpretation of the Constitutional Court is not enough; the fight against corruption must be constitutionalized as a primary duty of the State and the creation of the SNA for the strengthening of public administration, democracy, economic growth and fundamental rights.

Instituciones: Universidad Nacional Mayor de San Marcos