PRINCIPLE OF PROPROPORTIONALITY IN PERUVIAN CONSTITUTIONAL JURISPRUDENCE

Condori E.E.M.; Calcina J.D.C.; Paravicino F.C.O.; Núñez F.M.H. · Universidad y Sociedad (2023)

Resumen

The legal system of Peru is based on doctrinal contributions on the Constitution, rule of law, democracy, fundamental rights, rules and legal principles. The Peruvian Constitutional Court is the highest interpreter of the Constitution, guarantor of the principle of constitutional supremacy, and custody of the effectiveness of the Magna Carta; however, debates have arisen re-garding the effectiveness of constitutional jurisprudence, about the interpretation, and the application of the principle of proportionality through the legal mechanism of the weighting test. The present work has the objective of analyzing the theoretical development of rules and principles, (especially the principle of proportionality), frequently used to settle conflicts and solve controversies of fundamental rights, based on the jurisprudence of this Court, through an investigation of qualitative, descriptive design and the use of various methods to analyze the relationships, and essential interpretations in the international doctrine and the Peruvian constitutional jurisprudence. As a result, it is concluded that the jurisprudence of the Constitutional Court makes it clear that the principle of proportionality constitutes a control mechanism, and that the weighting test is an important tool for the interpretation, the evaluation of specific cases and the argumentation of the corresponding sentences.