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: CONSTITUTIONAL COURT DECLARES VOID EMPOWERS PRECAUTIONARY MEASURES AND START FROM CIVIL AND CRIMINAL JUDGES dealt treacherously

The sentence passed in Exp No. 00001-2010-CC/TC, the Constitutional Court has set a precedent binding, among others, the following rules: a.


Court rulings that have the non-application of Legislative Decree No. 843, or the Supreme Decrees Nos. 045-2000-MTC, 053-2000-MTC, 017-2005-MTC-MTC 042-2006 or Emergency Decrees Nos. 079-2000, 086-2000, 050-2008 and 052-2008, or in violation resolved, away or unobserved rules established as a precedent binding on the STC 05961-2009-PA/TC are null and void for being unconstitutional . B.

Judges who have issued judgments, providing for derogation of Legislative Decree No. 843, or the Supreme Decrees Nos. 045-2000-MTC, 053-2000-MTC-MTC 017-2005 and 042-2006 - MTC or the Emergency Decrees Nos. 079-2000, 086-2000, 050-2008 and 052-2008, or in violation resolved, unobserved away or established rules as binding precedent 05961-2009-PA/TC STC, must be prosecuted and sanctioned by the National Judicial Council and the Office of Judicial Control. C.

Entities of public administration are disabled to comply with any court order issued beginning June 18, 2010 that disapplying Legislative Decree No. 843, or the Supreme Decrees Nos. 045-2000-MTC, 053-2000 -MTC, 017-2005-MTC-MTC 042-2006 or the Emergency Decrees Nos. 079-2000, 086-2000, 050-2008 and 052-2008 or in contravention or failure to observe the rules established as a precedent binding on 05961-2009-PA/TC STC. D.

Judges who have issued judgments that provide for the disapplication of Legislative Decree No. 843, or the Supreme Decrees Nos. 045-2000-MTC, 053-2000-MTC, 017-2005-MTC-MTC 042-2006 or decrees Emergency Nos. 079-2000, 086-2000, 050-2008 and 052-2008, or in violation resolved, departing from established rules or unobserved as binding precedent 05961-2009-PA/TC STC, must be reported criminal by the prosecution for the crime of malfeasance.

Finally, the Constitutional Court has ruled that the precautionary measures to provide for the disapplication of Legislative Decree No. 843, or the Supreme Decrees Nos. 045-2000-MTC, 053-2000-MTC, 017-2005-MTC and 042-2006-MTC or Decrees Emergency Nos. 079-2000, 086-2000, 050-2008 and 052-2008, as well as being null and void for being unconstitutional, the defendant generated promote the declaration of civil liability as judges, lawyers and plaintiffs .

Lima, August 12, 2010