SOBRE EL ANÁLISIS DE PROPORCIONALIDAD Y LA DEBIDA MOTIVACIÓN DE LA PRISIÓN PREVENTIVA EN EL DERECHO PERUANO: EL CASO HUMALA-HEREDIA

Jorge Alexander PORTOCARRERO QUISPE
2021 Cuadernos Manuel Giménez Abad  
Some time ago, a series of legal decisions issued by both the Public Prosecutor's Office and the Peruvian Judiciary made use of the analysis of proportionality in order to assess the feasibility of ordering preventive detention against various Peruvian political figures under investigation for alleged money laundering offences, among them the former President of the Republic Ollanta Humala Tasso and his wife Nadine Heredia Alarcón; who allegedly received payments from Brazilian construction
more » ... anies in the context of electoral campaigns in exchange for future favours in the awarding of concessions for public works. The aim of this article aims to analyse, from a theoretical-practical perspective, the applicability of proportionality analysis in the assessment of the constitutionality of preventive detention in cases of alleged non-compliance with personal coercive measures established by Peruvian procedural law. To this end, the question of the structure of the proportionality analysis, its relevance for the fundamental right to due motivation of judicial decisions will be addressed, taking as an example the case of former president Ollanta Humala Tasso and his wife Nadine Heredia Alarcón to whom the order of restricted appearance in court was changed to preventive detention on the basis of a proportionality analysis.
doi:10.47919/fmga.cm21.0204 fatcat:ommu64m3azdaljdbba2qcpiviu