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La modificación constitucional del derecho a la nacionalidad peruana
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2020-05-29)
In 2018, article 52 of the Political Constitution of Peru of 1993, which regulates the ways in which Peruvian nationality is acquired and granted, was modified. With this amendment, will be considered Peruvians «by birth», among other cases, not only those persons born abroad of a Peruvian father or mother who are registered during their minority in the corresponding registry, but also those who, in that condition, are registered during their age of majority.This paper explains what should be understood by nationality; develops the Peruvian constitutional regulation of nationality, detailing the amendment process of article 52 of the Constitution; to finally make a critical analysis of this reform.The purpose of this paper is to demonstrate that there is no justification for establishing differences between persons born abroad of a Peruvian father ormother who are registered during their minority in the corresponding registry, who acquire nationality «by birth», and those who, in that condition, areregistered during their age of majority, who —before the amendment— were granted nationality for exercising the «right of option», which did not allowthem access to all constitutional rights role.
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La crisis de la democracia en el Perú, el rol de la justicia y la reforma constitucional
(Center for Political and Constitutional Studies, 2024-01-30)
In the last two centuries in Peru, thirteen constitutions have been enacted, but the loyalty of the rulers has been inconsistent. These political charters were adjusted to the needs, including structural and conjunctural changes due to wars and revolutions. In the 21st century, the trend continues with a political crisis triggered by the third call of Congress for the impeachment of President Pedro Castillo in December 2022. There was a failed self-coup attempt, resulting in Castillo’s ouster and the appointment of Vice President Dina Boluarte as his replacement. Nationwide protests and marches demand general elections and a constituent assembly. The crisis has revealed the constitutional conscience of the citizenry, but has also led to the repression and death of people, mainly indigenous. In this context, the constitutional causes of the crisis, the role of the Constitutional Court and the prospects for a solution through constitutional reform are analyzed.
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Reforma constitucional, Asamblea Constituyente y referéndum: ¿realizarla sin el Congreso?
(Universidad de Lima, 2023-07-07)
En el presente artículo, el autor analiza los argumentos -en concreto, la jurisprudencia- que se suelen utilizar como argumento a favor de la viabilidad de convocar directamente a una consulta popular de referéndum para la aprobación de crear una Asamblea Constituyente. Además, desarrolla los alcances del derecho a iniciativa de referéndum como derecho constitucional de configuración legal. También, contribuye al debate académico exponiendo los límites que posee la Asamblea Constituyente.
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Debates sobre bicameralidad: perspectivas y retos
(Pontificia Universidad Católica del Perú, 2025-12-19)
This round table discussion examines the return to bicameralism, a reform that has raised new doubts regarding its viability. Although Peru was governed under this system in the past, the main current criticism lies in the fact that this measure was approved despite its rejection by the population in a referendum, which seriously compromises its legitimacy. The authors agree that this change is risky: it alters the balance of powers in favor of the Parliament, increases public spending, and does not ensure faster processes. Ultimately, this reform does not resolve the main problem: Parliament’s lack of representation, a debate from which the reader may draw their own conclusions.
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