As Justice Is Questioned In Peru

As justice is questioned in Peru

Introduction

In Peru, justice is questioned because it is not correctly administered, the problems that Peruvian society are concerned are that: many times the judicial processes are slow;For example, when divorce is given the dissolution of it can take years. Another problem that has affected in many aspects to the Judiciary is the famous corruption that manifests not only in lawyers but also in judges and prosecutors, even at the highest level of the Court. The ineffectiveness and lack of commitment of the members that make up the Judiciary every year that elapses and therefore an improvement is seen.

Developing

These are the problems that most affect and stain the image of the "Peruvian Justice". A crisis is being seen within the third state of Peru, we do not apply solutions, but the most important thing and it is something that we often question ourselves “at what time in Peruvian history the so -called justice began to corrupt? This question will be answered as this report takes place. We start asking us what is justice?, There are many definitions for this word, each author has their own idea about this concept. Justice is defined as a social value because it occurs in the environment and is reflected in the behavior and attitudes of people.

According to Aristotle, justice considers as a virtue mentions it in his work "Ethics to Nicomaquea", for him it is one of the most important and necessary virtues that man must have.

Another definition is the Jhon Rawls, who after its publication of "the theory of justice" changes the notion of the classic concept of justice. According to his theory, he seeks to establish a change based on moral principles in order to live in a more orderly society. According to the Royal Spanish Academy, justice is the moral principle that leads to each one that corresponds or belongs. Having a broader vision of what justice is.

Taking it from different points of view, it is concluded that justice is both a value and a virtue that is present in society and generates harmony in day -to -day life, but this if we take it to reality often notIt is fulfilled by the aforementioned problems. Peruvian society has currently seen a crisis for the latest events that arose, it is known that money, in the Judiciary can buy many, so people no longer trust and have lost hope when claiming theirRights because they have resigned to live in a corrupt society. 

In the era of cultures, starting with the Caral culture to Tahuantinsuyo a justice system was seen, each cultural taught it in its own way. In the cultures that had a more theocentrist vision, the largest court of justice was led by the priest since they considered it the wisest person of the place. In the Tahuantinsuyo there were three principles that had to be fulfilled, not doing so the punishments were very strong and forced the population not to commit it more. These were love sua (don’t be a thief), love Llulla (don’t be a liar) and love Kella (don’t be idle). But as time passed, the Spaniards came to invade unleashing a shock in society. 

It was a radical change, religion became monotheistic and polytheism went down in history, this also meant a change in mentality since their customs were torn from root and in a violent way. One of the most unfair events that occurred when the Spaniards arrived was the trial of Atahualpa, he had no idea what a Bible was, he did not know how to read and much less believed in one god. The Spaniards took advantage of that and used it in their favor, judged them in an unfair way since they were two different realities located in the same context. His death caused fear in the population and this time the Inca empire fell apart.

Before I was already with problems like every society, but with the arrival of the Spaniards there was a definitive end. The viceroyalty was established and as a result of imposing an authority that violated rights and only sought their benefits, the natives began to rebel their own justice because they were already fed up with such exploitation and humiliations to them and their families who only sought to live in aQuiet society. History continued to give us lessons, many deaths were charged and injustices that were lived were every day bread, one of the most fought so that it can be abolished, it was the excessive collection of taxes. 

The beneficiaries were always the Spanish crown and all who were allied to them. Mother Spain was more strengthened in exchange for injustices and many deaths did not matter in order to be a power. It was wanted to see changes, one of the rebellions that marked the story until today is that of José Gabriel Condorcanqui better known as Túpac Amaru II than together with his wife Micaela Bastidas gave the example of claiming the right thing cost what it costs, they died of aVery painful way, they were very brave because neither of them gave their arm to twist. Túpac Amaru II is recognized his courage and his desire to see a change. 

In Micaela Bastidas the support he gave to her spouse and showed that a woman can also impart justice with her own hands and with an ideology determined to change. In later years, the Holy Inquisition was one of the ways of "doing justice", they thought that this was what God wanted and therefore did their will, the punishments were inhuman and many times people were not judged in a wayhonest. They declared guilty for the simple fact that the penalty they were given was not so painful. Justice has been misrepresented, it is observed that throughout history it has benefited those who have more power.

The sanctions that promulgate are not the same for everyone, so corruption had already been taking place since the past time, this means that it is a problem that has to tear off, little by little since we are "accustomed" to fraud and ineffectiveof the Judiciary. In the 1980-2000 Peru, Peru was in a very problematic situation, terrorism came strongly, began in the second Government of Belaúnde Terry and continued to the Fujimori government. Shining path and the Túpac Amaru (MRTA) revolutionary movement seized Peru, the violence they acted was too cruel. 

Families were destroyed, women lost their children and husbands, it was a massacre without remorse. The Judiciary was obliged to give a high penalty to those who were involved in these attacks, the lives collected were never returned again and the minimum that the now dysfunctional families expected was for justice to do their work, many victims came outDisappointed, the testimonies that each of the victims gave were heartbreaking, the way they had them caused a lump in the throat. The lawyers did their job defended their clients and the judges gave their verdict for or against, each received their sentence.

The Judicial Power is constituted in a hierarchical and organized manner, its highest level is the Supreme Court that is divided into three sub -levels, in the second level are the upper courts and finally we find the so -called Courts of the Peace, its function is basically generating aconciliation between people. We also mention the Public Ministry that is responsible for defending and protecting public interests and the Constitutional Court that is an autonomous institution. The problems in the Judiciary As we mentioned before come from ancient times, a fracture is seen that is very difficult to solve.

For example, you must have a commitment and really be on the side of justice without being corrupted for money some facilities that it gives you. There is also a deficiency in the infrastructure and salaries given to public sector workers, the lack of organization is added and undoubtedly corruption. The laws that are promulgated should be updated since times have changed and a significant advance is seen in society, the laws should not benefit anyone only must fulfill their function that is to be fair. Justice in Peru is scarce, this is the opinion of many of the Peruvians therefore.

What is happening to us as a society?, We still believe that justice is a utopia and that it can only happen if you are lucky. Justice has been seen that it is not updated, we talk about the laws that are not yet fully updated, therefore, the penalties towards rapists, terrorists, drug traffickers do not fulfill a high penalty that really gives them a lesson and causes them more thanFear of respect for the Peruvian State. It seeks to achieve a reform in the Judiciary, unfortunately in Peru the changes are slow and so that this change is really achieved, there must be commitment on the part of the officials who work in the judiciary.

It must be taken into account that in the Fujimori government it was where a legislative reform was given, now the new laws were the Organic Law, which basically became a change in the judicial organization. The Criminal Procedure Code, its reform was that the Public Ministry was responsible for criminal investigation and the criminal judge had to resolve it. On April 5, 1992, the coup d’etat occurred because the judiciary was totally corrupted, apparently there were alliances with the terrorists and that is why this decision was made since if justice did not give solutions because the crisis we were passing throughI would never end. 

This coup d’etat brought many changes, and that was how a law was given for people who were in terrorism, which was a minimum penalty of 20 years. The constitutional reform was given in October 1992, already with new laws that are according to what they were living and the people who constituted the Judiciary now had to go through a filter so that what happened above was not suffered and did nothave to repeat that April 5, 1992. In the Judiciary there have been several cases of human rights violations and justice has generally not arrived. One of the most popular cases was terrorism, but now it is not only that, the femicides that are increasing every year have joined the list. Which is very worrying since we notice the inefficiency and lack of commitment of the judges.

conclusion

Apparently they only look for their benefit and the victims’ aggressors often still free. The figures of affected women are very alarming, the penalty that the aggressors must comply with is often not the fairest. There have been cases where corruption has reduced the years that the aggressor must be locked and this is very outrageous since Peruvian justice has once again been involved in the famous and so well -known ineffectiveness. It is clear that in Peru values must be reinforced and this must come from family so that future professionals are competent and especially in the Judiciary they show honesty and a lot of commitment.