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ESCUELA DE POSTGRADO
PROYECTO DE INVESTIGACION
Huaraz – Perú
2018
Doctor
Presidente
________________________________________
Doctor
Secretario
________________________________________
Doctor
Vocal
________________________________________
ASESOR
In the city of Huaraz, and acting as Assistant Provincial Prosecutor and Senior Deputy
Prosecutor, and acting as a legal operator, we hold faculties, duties and responsibilities
for those who at first are considered suspects and even investigated for the presumed
commission of a illicit penal, duties that must be inherent and consubstantial to every
Human Being, even more if it is to restrict one of the Fundamental Rights of great
transcendence such as Personal Freedom; However, the apprehension procedure is
precisely a mechanism of repression to the extent that several constitutional and
procedural rights inherent in every person are violated, that is why the purpose of this
investigation is basically to create normative and jurisprudential precedents in order to
highlight the real function of the Judge of Investigation Preparatory (Judge of
Guarantees) as the only jurisdictional body par excellence to perform the task of Control
of Legality of all Preliminary Detention in Flagrance, that is why, the comparative
method has been applied to effects of analyzing the procedural regulations at the level
of comparative law of Chile, Ecuador and Colombia, which do regulate the work of
Legality Control of Detention, with the dogmatic method has been analyzed that there is
an accepted current guarantee advocated by Luigi Ferrajoli for to safeguard
Fundamental Rights against acts of repression of the State and historically has analyzed
the procedural systems that affect more for the pro homine protection of the rights of a
detainee; as a criterion of exclusion, and under the method of observation has resorted
to analyze as samples the Criminal Records of the Superior Court of Justice of Ancash,
of which results were obtained in 100% that no Judge made a Control of Legality of the
Preliminary Police Detention in Flagrancias, 62.5% of the Judicial Records, the
Preventive Prison Hearings were held outside the deadline established in violation of
article 2, numeral 24) literal f) of the Political Constitution of Peru, and which has been
weighed the categories of Admissibility, Provenance and Fundability that precisely the
Hearing for the Control of the Legality of Detention must be the first hearing before
verifying other requests for measures of personal coercion.
KEY WORDS: Judge of Investigation Preparatory, Judge of Guarantees, Right to
Personal Liberty, Audience of Control of Legality of Detention.