Effects of the decision of unconstitutionality: On the unconstitutionality of the sanctions applied by Pe-ruvian Contraloría General de la República

Abstract

In this essay, the author analyzes the boundaries that the Peruvian Consti-tutional Court possesses in order to exercise its power to rule as unconstitutional a legal statute, as well as ensure that their decisions had retroactive and nullity effects. Also, the author evaluates the possibility of override administrative and judicial procedures that applied the unconstitutional statute even if they are under way, and the limits that must exist for this decision.