Abstract

ANTON-DE-LA-CRUZ, Jessica Elizabeth; ROJAS-LUJAN, Víctor William; RECALDE-GRACEY, Andrés Enrique  and  YACHE-CUENCA, Eduardo Javier. Infringement of the right to defense in the imposition of protection measures for family violence. Iustitia Socialis [online]. 2023, vol.8, suppl.2, pp.197-206.  Epub May 16, 2024. ISSN 2542-3371.  https://doi.org/10.35381/racji.v8i2.2908.

The general objective of the research was the legal analysis of the violation of the right to defense in the imposition of protection measures for family violence. The method used in the research was based on the qualitative approach, handling the collection and analysis of a documentary-bibliographic typology, which allowed the analysis of the object of study. It was carried out in the Judicial District of Lambayeque. The participants were 10 individuals made up of criminal law specialists, prosecutors and criminal judges. The interview technique was used. It is concluded that, within the Specialized Permanent Family Court of Lambayeque there are rights of defense of the accused that are being violated, being one of the main ones the right to defense, to contradiction, to due process, to offer evidence and to reasonable time. All this happens through the secondary actions carried out by the judge.

Keywords : Social and economic rights; social measures; family.

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