Can I Sue A Salon For A Waxing Gone Wrong

CITIZENSHIP AND JUSTICE IN PERU: THE END OF A RELATIONSHIP ABSENT

Gorki Gonzales Mantilla



The recent survey of Public Opinion Institute PUCP reveals a scenario repeated in the historical process of the judiciary from nineteenth century. As images of the past that remain in the uncertainty of the current reforms, lack of trust, corruption, slow procedure, the red tape, lack of independence from political or bureaucratic encrypted define the city feeling to justice. In particular, the survey suggests the need to undertake a more diligent about the role of lawyers in corruption. Beyond cosmetic considerations expressed in the codes of ethics and proposed, it seems naive to think that corruption geste outside the prevailing influence of the lawyers.

The survey, regardless of the aforementioned, approaching a problem of enormous magnitude: the absence of a link between the judiciary and the public. It is a fact that has not received due attention from specialized studies. And the configuration of the problem from the perspective of access to justice not enough to measure the intensity of discovery. That people are not treated equally by the judicial system or, as also seen in the survey, it does not come equally to all social sectors projected a picture of inequality and worse still excluded.


The possibility of exercising the rights or judges to shape public goods as the core of the community in a constitutional democracy, vanish completely when, as mentioned by Professor Boaventura de Sousa Santos-inequality require in this case, as a hierarchical system of social integration, while establishing a system for allocating rights to exclude, ie prohibition creates mechanisms to the point of preventing the membership of those who have never been included. While inequality is concealed under the cloak of formal equality, exclusion from the state orchestrated hardens the imaginary biological determinism to justify racial, sexual and which emerges from one's own socio-economic status.

judicial system reform is therefore a citizen suit involving a critique of the culture on which to build the system itself. Consequently, beyond the changes in infrastructure, efforts to provide theoretical tools to assign to the judiciary approval corrregir or management processes that would enable to improve the service of justice, it matters a radical change in legal culture is still immersed in the formalism. The formalist view is that allows judges, foster social fragmentation and exclusion, as factors that impede access to the rights and contribute to deepening poverty and underdevelopment in the country.

judicial reform must incorporate into its program processing tools and principles that the Constitution gives to guarantee citizens' rights above political contingencies, and to rethink the way of organization of the judicial system in terms of democracy constitutional.


Pando, November 12, 2008