VALIDITY AND EFFECTIVENESS OF THE BINDING PRECEDENTS IN PERUVIAN CONSTITUTIONAL JUSTICE: THE CASE OF ADMINISTRATIVE DIFFUSED CONTROL

Aldana Z.D.A. · Revista General de Derecho Constitucional (2020)

Resumen

During much of the constitutional life in Peru, the diffuse control was proper to the commissioners of the constituent power: Constitutional Court and Judicial Power; however, product of the binding precedent issued by the Constitutional Court, Exp. No. 03741-2004 AA / TC, the Public Administration is authorized to exercise said control. This possibility of the administration was left without effect by the Court itself, through STC Exp. No. 04293-2012 AA / TC, stating that the diffused control only belongs to the bodies with jurisdictional function. Our criterion is to demonstrate that, in the Peruvian constitutional system, a binding precedent can be repealed, by the same body that created it, and this happens when the unconstitutionality of the attached norm is noticed, which, as a precedent, has formally linked the legal system.

Instituciones: Universidad de Piura