The Political Trial, the Political Pre-Trial and the Vacancy due to Moral Incapacity: brief notes on the Responsibility of the President of the Republic in the Peruvian Constitution of 1993

Authors

  • Christian Muñoz Cabrera Pontificia Universidad Católica del Perú https://orcid.org/0000-0002-4267-6493

    Abogado por la Pontificia Universidad Católica del Perú (PUCP). Segunda Especialidad en Derechos Fundamentales y Constitucionalismo en América Latina por la misma casa de estudios.
    cmunozc@pucp.edu.pe

DOI:

https://doi.org/10.18800/dys.202201.008

Keywords:

Political Trial, Political Pre-Trial, Presidential Vacancy, Moral Incapacity, President of the Republic

Abstract

The present work deals with the study of the responsibility regime of the President of the Republic in the Peruvian Constitution of 1993. To this end, the article will analyze, both from a historical and comparative approach, the figures of the political trial, the political pre-trial and the vacancy due to moral incapacity. In this way, the paper begins by reviewing the historical origins of impeachment in Anglo-Saxon systems of government. Subsequently, it studies the way in which this figure was adopted in the Peruvian model, as well as its historical development. Finally, this study focuses on the analysis of the presidential vacancy due to moral incapacity, proposing a way of understanding this figure and some reform alternatives.

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Published

2022-05-25

How to Cite

Muñoz Cabrera, C. (2022). The Political Trial, the Political Pre-Trial and the Vacancy due to Moral Incapacity: brief notes on the Responsibility of the President of the Republic in the Peruvian Constitution of 1993. Derecho & Sociedad, (58), 1–38. https://doi.org/10.18800/dys.202201.008

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