Violation of the principle of equality in counter-caution to establish precautionary measures in arbitration in contracts with the State

Lizbeth Q.G.L.; Viviana N.J.J.; del Socorro S.N.G. · Proceedings of the LACCEI international Multi-conference for Engineering, Education and Technology (2024) · DOI: 10.18687/leird2024.1.1.756

Resumen

This study was carried out on the State submitting to arbitration on issues related to the public procurement regime due to its significant benefits. The purpose of this research article was to analyze the violation of the principle of equalityin counter-caution in article 8, paragraph 2 of the D.L. No. 1071, to establish precautionary measures in the arbitration of contracts with the State; analyze the Constitutional and regulatory framework and the application of the principle of equality in Peru, identify the regulation in Peru of the countercautela for precautionary measures and arbitration in State procurement inPeru and describe the principle of equality in the countercautela for precautionary measures of arbitration in state procurement.The instruments used were documentary files and a questionnaire for legal practitioners in Chiclayo. As a result, the principle of equality is violated, which would create unconstitutional barriers to precautionary measures, since it would establish an unfair situation and would be contrary to the principle of equality established in the Constitution. That is, this type of restrictioncan generate a significant imbalance in favor of the State, violating the principle of equality and threatening the procedural guarantees and integrity of the legal system.

Instituciones: Universidad Tecnológica del Perú