Human rights protection mechanisms in times of emergency. Analysis of the limits of state power in Peru, Ecuador, Guatemala, El Salvador, and Chile

Ochoa Navarro A.I.F.; Tello Cabello S.Y.; Lozada Flores R.M.; Melgar Carrasco L.M.; Tello Cabello L.A. · Clio. Revista de Historia, Ciencias Humanas y Pensamiento Critico. (2025) · DOI: 10.5281/zenodo.15700108

Resumen

The purpose of this study was to identify and analyze the international and Peruvian national regulatory framework governing states of exception, which contain substantive and procedural limits on state action in these circumstances. Methodologically, the research is basic, descriptive, with a qualitative approach and a thematic analysis design. The results reveal a worrying trend toward the normalization of states of exception in Latin America, where the practical application of human rights protection mechanisms is often insufficient in the face of the expansion of state power. It is concluded that, although constitutional and international regulatory frameworks establish limits on state power and provide for mechanisms of political and jurisdictional control, their practical application in certain circumstances may be insufficient to prevent the excessive and potentially abusive use of states of exception.

Instituciones: Universidad Tecnológica del Perú