Layza Estefany Aguirre Sánchez, Rolando Rosmer Coronado Orrillo

DOI: 10.59427/rcli/2023/v23cs.4296-4302

The objective of the article was to analyze the death penalty and the right to life in Peru. The methodological approach was executed through a positivist paradigm, with a qualitative approach, using documentary review, together with inductive, analytical, synthetic and hermeneutic methods. The documentary sources were obtained from Google Scholar, Dialnet, Redalyc, Latindex, Scielo and Web Of Science. The results show that the death penalty in Peru is legally in force, and its application poses a clear violation of the right to life and fundamental rights, as it constitutes an inhumane and disproportionate criminal sanction, as well as its validity reflects a clear incompatibility with the legal system guaranteeing human rights. The study concludes that the death penalty finds both constitutional and legal legitimacy in the Peruvian legal system, but highlights the incompatibility of the death penalty with the right to life, fundamental rights and Peru’s legal system of guarantees. It highlights the need to move towards the abolition of the death penalty, in order to guarantee the protection of human rights of all individuals, in accordance with international trends and respect for human dignity.

Pág 4296-4302, 31 Dec