Resumo

CARDENAS-GONZALES, José Rolando; ALARCON-REQUEJO, Gilmer; CASTANEDA-MENDEZ, Juan Alberto  e  YUPTON-VASQUEZ, Jhonatan Milton. Constitutional Court and the control of legislative omissions in Peru. Rev. cient. cienc. soc. [online]. 2024, vol.6, e601209.  Epub 11-Nov-2024. ISSN 2708-0412.  https://doi.org/10.53732/rccsociales/e601209.

The Constitutional Court is the body responsible for guaranteeing the supremacy of the Constitution and respect for fundamental rights, including the supervision of legislative omissions that may violate constitutional mandates. The purpose of this study is to analyze the foundations, limits and effects of the control of legislative omissions by the Constitutional Court, exploring its legal and political implications. To this end, an exhaustive qualitative review of theoretical and doctrinal literature was carried out, which made it possible to identify two types of legislative omission: the absolute, when there is no regulation whatsoever, and the relative, when the existing norm is insufficient or incompatible with the Constitution. The findings reveal that, although the Court has the power to declare unconstitutionality by omission, it cannot replace the legislator or issue general rules; its role is limited to pointing out the unfulfilled duty and setting a deadline for its correction. The conclusions highlight that the control of legislative omissions is crucial to restore constitutional validity and protect citizens' rights, but it presents challenges both in its application and in its political acceptance.

Palavras-chave : Court; constitution; rights; parliament; legislation; constitutional law.

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