the reification of binding precedent 1 .- Introduction. An unfavorable emotion caused me to gain access to the claims of the Supernumerary Judge Maria Teresa Cabrera Vega and Luis Alberto Quispe Provisional Judge Shock during Judge program on Radio broadcast on "Radio Cañete on 07/24/2010 .
According to the Press Release N ° 226 - 2010-OPII-CSJL, the judges stated: "The benefits of redemption prison the penalty for work and education, semi-freedom and conditional release are not applicable to those convicted of rape of a minor "and" stressed that the invalidity of the pardon, commutation of sentence and the right of pardon for those convicted of crimes above. "
Obviously the context of discovery of the judges in question, it is noteworthy, for it "objectifies human beings, making them unrecoverable born criminals and society in contravention of the principle and right of judicial functions contained in paragraph 22 Article 139 of the Constitution of Peru more heinous crime has been committed, but just-esteem-known that these individuals comes from a society which we all belong, and indeed more so, I believe, unaware that anywhere in the world to social problems solved by punishment civilian deaths or cancellations human cell, because criminal law is not part of the mental health program policy outlined by the MOH.
is a fallacy to say that for reasons of "national security" those convicted of these heinous crimes must remain on "life without any benefit to prison," not only a fallacy, but I believe a lack elementary complex social, psychological and anthropological the judges mentioned that administer justice in the city of Lima, befitting a "police state regime, for example the Nazi Regime officials who were addicted to the hygiene legislation Racial and justified the deaths of 200,000 human beings with physical handicaps and mental and insane, and criminals, ie for the crime of not being as one.
The expression "life unworthy of being lived" (German for "lebensunwertes Leben", literally "life unworthy of life") was incorporated into Nazi rhetoric to refer to sections of the population which, according to the racial hygiene policies of the Third Reich, were denied the right to life and therefore, ultimately, should be sterilized or killed.
2 .- Development In the philosophy of science usually distinguishes between the context of discovery and context of justification of scientific theories, the first activity is to discover or articulate a theory that is not susceptible kind of logical analysis, the only thing that fits in the context of discovery is to show how it generates and develops the scientific knowledge that is you can draw distinctions between psychological motives, social context, ideological circumstances, so they moved to a particular judge to issue a certain resolution.
words from the Theory of Legal Argumentation, we can say that applying the context of discovery on press statements supporting the unusual perspective of judges who calls us, is evidence of a social prejudice and discrimination against offenders as the objectified, and are denied their dignity as human beings, as opposed to the values \u200b\u200bderived from the principles of democratic rule of law that, for example, states in the FJ N ° 151 and following of the STC No. 0010-2002 - AI / TC, "In the democratic state of law, prison system is to re-education, rehabilitation and reintegration of the prisoner to society, "which, under our Constitution, Article 139, paragraph 22), is one of the principles of the prison system, which, in turn, is consistent with Article 10.3 of the International Covenant on Civil and Political Rights, which states that "the penitentiary system shall comprise treatment of essential aim of which shall be their reformation and social rehabilitation of prisoners."
That, as outlined in the FJ to No. 15 from No. 1593-2003-PHC/TC STC, the justification for imprisonment is ultimately protection of society against crime. This can only make sense, "if it takes a period of deprivation of freedom to achieve, if possible, that the offender is not only willing to respect the law and provide for their needs but also to be able to do so" .
In short this is not a personal attack, but regular exercise is the right to criticize the opinions of two judges in the exercise of their functions, and they express their mental paradigms, which unfortunately does not coincide with the values \u200b\u200band constitutional definitions of a modern democratic state of law, nor the jurisprudence of the Constitutional Court.
3 .- Conclusions A. - Perhaps most important problem, is to say that regardless of compliance with the formal requirements established by law, the granting of prison benefits is subject to prior judicial assessment that the inmate can be reinstated for having rehabilitated, aimed at verification of compliance with legal requirements, and a business valuation to determine whether the treatment of prisoners has achieved its purpose, so that Article 55 of the Code of Penal Procedure states that the benefit "[...] parole will be granted in cases where the nature of the crime task, the agent's personality and behavior within the facility, to suggest that will not commit new crimes. "
B. - In that sense, what matters is the assessment and legal reasons, not the report of INPE, which is a circumstantial evidence or illustrative data on the process of rehabilitation and resocialization of the sentenced person;
C. - In any event, it set a genuine criminal policy, and consequently raise the scientific and technical level of criminal rehabilitation programs in Peru, recognizing the many nations and cultures within the territory. Jonny
Ricardo Moreno Ccancce
Member of the Advisory Committee on Civil Litigation and Real
