The Peruvian Constitutional Court

Summary: The Peruvian Constitutional Court comes developing a constitutional doctrine that contributes to the consolidation of a State of Right in which the exercise of the action leads to predictable and feasible results; having as he bases the presence of the binding precedent. Previous considerations: Although it is certain with the Political Constitution of 1979 appeared a Court of Constitutional Guarantees, the application of the rights contained in their corpus iuris generally was not applied in the failures emitted by the supreme courts, in such sense the constitutional jurisprudence besides being little, was contradictory; still more in spite of its existential ratification in the Constitution of 1993 materialized this one after questionable political events, the legal sphere of the constitutional court was injured by the governing in favor influence, limiting thus its legal doctrine. Nevertheless, as Blond Strap asserts the Martial Dr., the last years have marked a remarkable difference: our Court Constitutionalist has developed a constitutional doctrine that we considered energetic and needs. He contributes to the consolidation of a State of Right in which the exercise of the action leads to predictable results and, in addition, feasible. A legal initiative of this type must develop discussion necessarily and fight with respect to concepts and of solutions but, we create, the general action of the Court has been highly positive for the Peruvian Right generally and not only for the Constitutional Right. As a result of the entrance in use of the Constitutional Procedural Code, the concept of binding constitutional precedent has been introduced in our legal system. It tolerates, of preliminary way, that the Constitutional Court has two basic functions; on the one hand it solves conflicts, that is to say, he is a Court of tactical missions; and, on the other, he is a Court of precedents, that is to say, it establishes, through his jurisprudence, the jurisdictional policy for the application of the right on the part of the judges of the Judicial Power and the own one Constitutional court in future cases. .