Facultad de Derecho y Ciencias Sociales

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    Incumplimiento de la rehabilitación automática
    (Universidad Privada de Trujillo, 2019)
    García Mejía, Jesús Candelario
    ;
    Cruz Vegas, Guillermo Alexander
    The problem dealt with in this investigation is related to the importance of a fundamental right enshrined in the constitution, which is the right of every convicted person to re-socialize and who can, after serving his sentence, rejoin society, in that sense, Article 22 of the constitution is of vital importance, since it is the constitutional tool, which allows the development of the norm of the penal code referred to the automatic rehabilitation, however, the problematic results from the non-fulfillment in the reality of this norm that establishes the automatic rehabilitation . In virtue of this problematic framework, the following was formulated as a statement of the problem: What are the factors that prevent automatic rehabilitation? The main objective of this investigation was established: To identify which factors prevent automatic rehabilitation. In view of this, the following was formulated as a tentative response: The factors that prevent automatic rehabilitation are the procedural burden, the absence of a specialized judge in that function, the negligence of the judges to perform the rehabilitation and the non-existence of a computer system. Alert in advance of compliance with sentences is a factor that prevents automatic rehabilitation. The same one that later was verified with the analytical methods and the survey techniques by questionnaire, concluding that these were the factors that prevent the automatic rehabilitation, and recommending that: it is necessary and urgent the creation of the judges in charge of compliance monitoring of the penalties, combined with a suitable computer system, for the realization of the rehabilitations of office.