Interpretation of the Constitution and Criminal Judge

Abstract

Objective: is To explain the meaning of the interpretation made by the preparatory investigation criminal courts of the Judicial District of Huaura, to the constitutional rules and provisions that recognize fundamental rights. Method: The descriptive-explanatory method was used, and the population of study was the sentences issued by the preparatory investigation criminal courts of Barranca, Huaura and Huaral, issued in the years 2015, 2016 and 2017, through the use of the technique of the documentary analysis, having as a study sample 16 sentences issued in the aforementioned period of time. Result: In the Judicial District of Huaura, the majority of the criminal investigation courts, hearing the habeas corpus petitions, do not don’t interpret the rules in accordance with constitutional principles. Conclusions: the preparatory investigation criminal courts of Barranca, Huaura and Huaral, from the Judicial District of Huaura, mostly don’t interpret the rules in accordance with constitutional principles, due to the lack of specialization in constitutional science and, because the habeas corpus petitions aren’t resolved in practice by courts specializing courts in constitutional matters, but by criminal courts, which makes it difficult for them to carry out a more solid interpretation and constitutional argumentation on issues of fundamental rights