Victor Manuel Moyano Ponce

DOI: 10.59427/rcli/2024/v24cs.1850-1854

This study seeks to disseminate the problem of abuse of authority in the judicial system of Peru, especially in situations where citizens, in their search for the right to defense and innocence before the highest Supreme Court of the Republic in cases where a request for review is filed, encounter obstacles when presenting notarized affidavits as evidence. The supreme judges, according to Appeal No. 15-2019-Cusco of March 12, 2021, have indicated that these statements, by themselves, lack the necessary guarantees to be considered as conclusive evidence, both due to their beginning and their content. Likewise, it is argued that they do not constitute genuine personal evidence nor can they substitute for direct participation in oral trials. In methodological terms, the research approach is qualitative, with a non-experimental design that does not deliberately manipulate variables. The study is retrospective and cross-sectional, and as it is a review article, the unit of study was formed by reviewing the published bibliography, placing it in a specific context. A methodology focused on documentary review was used to collect the information, thus allowing an examination to be carried out and to make sense of the data obtained. These data were structured and organized in tables and graphs as part of the descriptive analysis of the study.

Pág 1850-1854, 29 Abr