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Item type:Publication, The social issue in Peruvian constitutionalism of the 20th century and in the case law of the Constitutional Court: influence of socialist constitutionalism?(Supporting Academic Initiatives Foundation, 2021-01-01)The socialist ideas of Russian Revolution were well-known in Peru, according with the struggles of working-class and student movements and the birth of socialist and communist parties. But the Peruvian Constitutions of 1920 and 1993 only opened someone social rights, not only for the workers, but also for the indigenous people to protect their community territories. Only with the Constitution of 1979 the leftwing constituents were almost one third of the constituents. In this way the Constitution included social ideas in the type of State as social and democratic Rule of Law, the equal rights between all persons, particularly between men and women, the employment was protect by the State, the public education cost-free, the property had a social function, the natural resources were of the Nation, and the indigenous and Amazonian communities were protected, etc. But, with the neoliberal Constitution of 1993 the economic model was liberalized in favor of the market and the international investors, reducing the social rights, and the national power was centralized in the Executive Power. But, since 2000, after the fall-down of Fujimori’s regimen, the Constitutional Court played a role of balanced the impact of this new model, according with the international treaties of human rights and social rights. In this sense, the Constitutional Court was able to give the Constitution of 1993 a social content. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Property without law?: Why land titling and adverse possession do not solve the problem of informal property(University of Zaragoza, 2024-01-01)It is common to find «informal ownership» in Latin America in the context of illegal takings. Human settlements in Peru, favelas in Brazil, or camps in Chile, in all cases, a group of people builds land rights outside the law. Although this phenomenon has been analyzed many times from an economic perspective, mostly proposing the granting of property titles as a solution, the review of the Peruvian case shows its ineffectiveness. In 1982, 53.54 % of the houses in Peru had property titles; however, after almost forty years and multiple land titling laws, in 2017 this percentage dropped to 50.65 %. Moreover, between 2001 and 2018, 46 % of new housing was built upon informal property through illegal takings. The present investigation proposes another view from the legal perspective, investigating on the traditional civil institution of the adverse possession, and offering a refocus to the problem. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, La concepción medieval de la propiedad. Dominium y soberanía como base de la secularización del mundo moderno(Pontificia Universidad Católica del Perú, 2025-12-03)In this paper, I establish a reconstruction of the tensions between the theological and secular foundations of the concept of property during the Middle Ages. What I propose is that this tension is represented as well by tensions between the power of the church and monarchical power, which leads, in turn, to the secularization processes that we can find as a basis for modernity. In that sense, from this tension also arises the basis for the modern capitalist conception of property.1