The Impact of the Brasilia Rules on Judicial Interpretation by the Supreme Court; [O impacto das Regras de Brasília na interpretação judicial da Suprema Corte]

Fernández Espinoza W.H. · Revista Oficial del Poder Judicial (2026) · DOI: 10.35292/ropj.v18i25.1628

Resumen

This essay analyzes the impact of the Brasilia Rules on Access to Justice for Persons in Vulnerable Conditions, adopted within the framework of the Ibero-American Judicial Summit—hereinafter referred to as the Brasilia Rules—on the judicial interpretation developed by the Supreme Court of Peru. Based on a review of various decisions issued between 2016 and 2026, the study examines how this instrument has progressively been incorporated as an interpretative criterion in judicial reasoning. The research starts from the premise that, although the Brasilia Rules do not possess strictly binding normative force, their content has been embraced by the judiciary as a significant reference for guiding the interpretation of legal norms in cases involving vulnerable individuals or groups.

Instituciones: Universidad Privada del Norte