Facultad de Derecho y Ciencias Sociales

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Author: search.filters.author.Contreras Galarreta, AlejandrinoHas files: Yes

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    Normas y principios en la legislación peruana para acciones eficaces contra la violencia en los colegios
    (Universidad Privada de Trujillo, 2018)
    Haro Lara, Pedro
    ;
    Contreras Galarreta, Alejandrino
    ;
    Cruz Vegas, Guillermo Alexander
    The subject matter of research delves into the problem of proliferation and violence in schools, whose main agents are the same adolescents who are in an educational center, mainly of secondary level where the levels of violence are absolutely high. In this problem, we have enunciated the following problem: Are there enough rules and principles in Peruvian legislation for effective actions against violence in schools? Given this, we argue that the reason for this investigation is given by the concern of the proliferation of violence among adolescents in Peru and understand that there are currently rules that can be used always in order to recover these children as a general objective we point out : To determine that if there are, sufficient legal mechanisms in Peruvian legislation that allow to establish concrete actions against violence in schools; in light of this, we have as a tentative response to the problem that, if there are, sufficient norms and legal principles in Peruvian legislation for effective actions against violence in schools, such as: a. The principle of the best interests of the child and adolescent located in the Code of the child and adolescent, and in the new code of criminal responsibility of adolescents; b. The educational principle, regulated in the code of criminal responsibility of adolescents; principles referred to the purposes of the sanction, regulated in the Penal Code; c The norms referring to the penalties for the commission of criminal offenses and the reparation for the damages resulting from these infractions, regulated in the code of criminal responsibility of adolescents; d. the criminal types regulated in the Peruvian Penal Code of 1991, e. the norms of the Civil Code, referred to the possibility to answer for the damages caused, whether or not there is discernment; data on violence was used as a sample and also surveys of groups of experts through the questionnaire to validate the hypothesis.
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    Imposibilidad de incorporación de nuevos elementos de convicción después de la presentación del requerimiento fiscal de prisión preventiva
    (Universidad Privada de Trujillo, 2018)
    Contreras Galarreta, Alejandrino
    ;
    Moreno Gálvez, Marco Antonio
    The present investigation entitled: "Impossibility of incorporation of new elements of conviction after the presentation of the preventive custody fiscal requirement", is the investigation into the possibility that the prosecutor's office after having already submitted his prison requirement reaches hearing and present more elements of conviction to sustain his prison, which is being done in practice and we have seen in the case of money laundering of "Fuerza Popular" of several defendants in the prosecutor's office has made use of it; to this we argue that this is not possible because such an act damages the right of defense by limiting the right of defense. In this sense, we make this work available where we pose the following research question: "What is the legal basis that underlies the impossibility of incorporating new elements of conviction after the presentation of the preventive custody fiscal requirement ?, to that problematic issue of real juridical nature we answered as follows: "The legal basis that underlies the impossibility of incorporating new elements of conviction after the presentation of the preventive custody fiscal requirement is given by the respect to the right to equality of arms and the effectiveness of the right of defense ", postulating as a general objective that of determining the legal basis that sustains the impossibility of incorporating new elements of conviction after the filing of the pre-trial detention fiscal requirement; we have considered as specific lines of investigation the following: analyze the measure of personal coercion of preventive detention and establish the scope of the principle of equality of arms and of the right of defense. Methodologically this is a descriptive dogmatic research, we will focus on investigating the problem at a dogmatic level.