The constitutional basis of the public Administration’s patrimonial responsibility in Perú

Meneses E.C. · Revista de Derecho Administrativo Economico (2024) · DOI: 10.7764/redad.40.9

Resumen

The Political Constitution of Peru of 1993 does not expressly recognize the non-contractual or patrimonial liability of the Public Administration of the State. Unlike other civil law systems, Peru has not raised to the constitutional level the possibility of binding the Public Administration to the obligation to indemnify in cases of tort liability, which has been developed by the law. In view of this, this paper proposes an articulated reading of certain provisions of the Peruvian Constitution, to interpret the constitutional basis of the liability of the Public Administration of the State. This effort is important since having a constitutional recognition of non-contractual liability would allow imposing a limitation to the capacity of the Congress to modify this liability regime.

Instituciones: Universidad Científica del Sur