Keywords
International Human Rights Law
International Instruments in Human Rights
Residuality
Alternate Procedures
How to Cite
Abstract
The author presents a reflection from the Constitutional Procedural Law and the International Law of Human Rights, referring to the substantial change in the conditions of possibility of the constitutional procedures in Peru, starting from the validity of the Constitutional Procedures Code, the first in Ibero-America (with out taking into account the Argentinean estadual code). Following this line, the author analyses such statue from the International Law of Human Rights. Starts establishing the importance of the rights of the human being in the Estado Constitucional y Democrático de Derecho, then presents the evolution of the International Law of Human Rights, where are diluted the distinctions between fundamental rights, human and constitutional, reviewing its principal characters. Next, presents the principal international instruments in human rights and the central problems that its implementation and validity present. The author also makes a brief reference to the treatment of 1979 the Peruvian constitution, in contrast with the Fujimorist of 1993. The author finishes proposing the restitution of the alternate procedures or the congressional establishment of mechanisms to avoid that the validity of the causal derives in defenselessness.
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