THE CONSTITUTIONALIZATION OF LAW IN PERU; [A CONSTITUCIONALIZAÇÃO DO DIREITO NO PERU]

Grados G.A. · Novos Estudos Juridicos (2022) · DOI: 10.14210/nej.v27n1.p224-246

Resumen

Contextualization: The phenomenon of constitutionalization of law is present in Peru and in almost all constitutional states of law. It has led to the awakening of the legal constitution, the search for efficiency of fundamental rights, and the prevalence of constitutional jurisprudence as a source of law. Objectives: This article analyzes the phenomenon of the constitutionalization of rights in Peru. Methodology: In terms of methods used, the hypothetical-deductive method was adopted and the research made use of the bibliographic review, analyzing the doctrinal evolution, as well as the position of the Constitutional Court in Peru. Result: It was concluded that the Constitution ceased to have an enunciative and declarative role, becoming the measure of all legality. With no minor diff erence. While the law is a norm, almost always complete, precise and concrete, its place has been taken by the constitutional text, which is, by nature, incomplete, imprecise and general. The result is that there a need for the constitutional text to be developed, broken down and adapted to the new demands.

Instituciones: Universidad Nacional Federico Villarreal