Viviane Salli Castillo Benites, Gerardo Francisco Ludeña Gonzalez, Nilton Isaias Cueva Quezada

DOI: 10.59427/rcli/2024/v24cs.1502-1509

The objective of the research developed was to establish the basis for the application of the Principle of Proportionality within the framework of the jurisprudence of the Peruvian Constitutional Court; and, as specific objectives we have the following: a) Explain the elements that make up the structure of the Proportionality Test, b) Analyze the configuration of the Principle of Proportionality in Comparative Law. With regard to the methodology used, the type of research was of a basic nature, as it revealed a vast theoretical knowledge of the subject of study. With regard to the results, the aim of the Peruvian Constitutional Court is the application of the principle of proportionality and its development in its constituent elements: suitability, necessity and proportionality in the strict sense. As conclusions, it was determined that it should be taken into consideration both the basis on which the principle is applied, as well as the elements that make it up within its Test and the normative framework that arose in other countries, which were an influence for our current normative framework.

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