Katherinne Villanueva Cabañas
DOI: 10.59427/rcli/2024/v24cs.354-361
The objective of the study was to analyze the cases of the Superior Court of Justice of San Martín (Peru) regarding processes of violence against women and members of the family group. This made it possible to identify the jurisprudential tendency of the magistrates who are increasingly adopting the principles and values of constitutional law and the control of conventionality, which ensures that the processes are resolved by optimizing strategies and argumentative capacity in favor of human rights. The methodology used was a qualitative, systematic, critical and hermeneutical analysis of the cases that took as the study setting the Mixed and Criminal Liquidation Court of the province of Mariscal Cáceres – Juanjuí, San Martín region, Peru. In spite of the normative advances, the reality continues to be dramatic: neither judicial decisions, nor legal instruments, nor the granting of protection measures are contributing significantly to eradicate this type of violence or to effectively protect the victims. In this sense, the legal, political and judicial challenge remains latent.
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