Domestic violence and its treatment from a protective perspective

Santos-Peláez M.L.; Huertas-Vilca K.S.; Cordova-Buiza F. · Onati Socio-Legal Series (2025) · DOI: 10.35295/osls.iisl.2126

Resumen

The objective of the research is oriented to determine the jurisdictional criteria that are considered for the granting of protection measures in cases of domestic violence in Latin America, taking as a data base registered pages such as Legis Pe, Colectivo Derecho de Familia and the Constitutional Court of Colombia. The methodology applied was projected under a qualitative approach, of non-experimental design and with a descriptive level applying the documentary review through the analysis of three jurisprudences issued in judicial processes in the countries of Peru, Argentina and Colombia. As results, it was determined that, in Peru, judges issue extra and ultrapetita protection measures applying jurisdictional criteria. In Argentina, it was found that conflicts of violence against women are approached from the perspective of the impact on human rights and individual freedom that this implies. On the other hand, in Colombia, when issuing protection measures, the judiciary is based on the differential gender approach. Finally, it is concluded that, in Peru, Argentina and Colombia, the judicial bodies apply jurisdictional criteria oriented to a preventive purpose, since they seek to prevent new acts of violence in any of its modalities.

Instituciones: Universidad Privada del Norte