SOME PROBLEMS OF ACCESS TO JUSTICE IN OUR COUNTRY (1) I. - INTRODUCTION
In the everyday common sense is unpleasant news, whether at the television, or radio writing. The recurring theme is the injustice (of nature: civil, criminal, labor, constitutional, etc.) Which the subject feels a number of Peruvians who do not find answers (appropriate to law) to their legal and social demands, and materialized view under the cloak of apathy and indifference ineffectiveness and lack of guardianship, by who is on duty to provide: The State.
Therefore, this paper will seek to identify those (algunos) obstáculos que con frecuencia suelen darse a través de los largos caminos de los pasillos judiciales de nuestro país.
II.- IDENTIFICACIÓN DE LOS PROBLEMAS
No hace falta realizar un trabajo estadístico o de recopilación de datos, para darnos cuenta que, para gran parte de nuestra sociedad -resulta casi una “presunción iure et de iure” (por darle una metáfora jurídica)-, la percepción de que la corrupción tanto pasiva como activa, es un lastre que genera una barrera a los justiciables de obtener una tutela jurisdiccional efectiva. Esta barrera socio And legal, is undoubtedly a wall with which we live whether we like it or not. And it is often not only the public official is the leading actor of the brutal scene, but, bad professionals and the famous lobby predominate in contributing to a vicious circle facing all moral ethical principle, which usually finishes "stoned slowly" to the disadvantaged (who does not have "sponsorship"), those without the resources to face the "most powerful" (corrupt and the corruption it generates) can not give a fight as equals in a process should be far removed from such unscrupulous mischief.
Another problem, with almost equal to the previous occurrence, is related to the economic and cultural development of our "colorful" population, many people living inside the country is unable to exercise their right action by having to litigate outside its territorial (usually on appeal), bringing economic situation detrimental to their flashpoints pockets, this together with that in many places far from the capital, namely in the provinces more isolated (often for lack of proper roads and lack of active state presence), the cultural level of its residents is below the citizen who lives in the capital (due to lack of dissemination of standards and ignorance of social reality), leading many times to solve their problems through self governance in its most degraded expression, frequent cases given in the department in Puno, where the alleged perpetrators of a crime, are stoned, lynched and burned up by the angry mob that seeks to do justice by own hand.
On the other hand, we can add another barrier to access to justice is often caused by the giving of legal rules that limit the effective judicial protection, eg it is the Section 15 Constitutional Procedural Code, which regulates a different procedure in the treatment of the injunction filed against an act issued by regional or municipal agency in relation to the process that gives precedence to other acts which alter the unprecedented aphorisms parties, evidence of a legal barrier against the ends of justice.
III .- SUGGESTIONS TO SOLVE THE BARRIERS IDENTIFIED
For at least reduce corruption that exist within the judiciary, the State shall adopt appropriate policies and punitive connotation, to prevent further proliferation corrupt in its broadest sense, to curb many acts of injustice given by judges biased to one party in litigation.
acts of corruption are a barrier to access to justice, since those can be used to harm a party to the issuance of decisions affecting the content of judicial protection effective. We have witnessed an exception, as in the early nineties, a certain group of people colluded to run an organized manner of criminal activities, monopolizing the top positions within the Peruvian judiciary, in order to "sell decisions to the highest bidder" and give a dye "legal" acts contrary to law.
Wanting to access to justice under the conditions described, is without a doubt, an impossibility, since the defendant beforehand that he wanted to touch the doors of the State for a decision according to law on a complaint raised only notice the dissatisfaction of interest because their desire for justice will become the chimera, if in the street, the other contender (parties to the litigation), belonged or was amical of one circle one Member Mafia-entrenched in the administration of justice.
There is a saying used in the legal justice delayed is not justice, that relates to the fact that our country is geographically uneven, and whose macro-level road infrastructure is poor, this means that the citizen who lives at 20 hours from the capital, hard to access to justice in equal opportunity that living in the capital or at least not so far from it.
contributes to the above mentioned, the fact that news that take place in the capital, can hardly be known in most remote places, this news about political, police, social, not to mention the legal content. A citizen apart from the parameters that govern life in society can hardly behave or develop in a medium from which ignores the principles or regulatory guidelines for a peaceful coexistence.
is the duty of state policies aimed at spreading between people outside the capital, the real event happening in the world and give them an education that aims to "undoubtedly" , knowing that the justice should be available to those whose purpose is to provide a solution to their conflicts,
Another measure to take is at the legislative level, with the enactment of the Civil Procedure Code was abundantly clear that the state has no privilege with respect to its counterpart, but there are rules that give prevalence to the state against the defendants, as is the case concerning the application of precautionary measures against acts of the regional governments and / or local. This type of rules, are to some extent the barriers to justice and to limit my right to effective judicial protection, in the same conditions as my counterpart, the State.
In this regard, the State must be more connected to the problems of citizens, shall issue rules that safeguard the rights of all citizens, ie the flag of strict respect for fundamental rights, and banish from our current system of sources coexistence of rules providing differential treatment when one of the parties to the dispute for the State, should survive only those that ensure equal treatment of individuals.
(1) Article written by Marco Antonio Torres Cumpa in the course of judicial protection and due process of the mastery of Civil Procedure, 2007.
