Abstract

RABANAL OYARCE, Aladino  and  ROCA ANDAGUA, Rodolfo. LEGALITY IN THE APPLICATION OF STATES OF EXCEPTION IN PERU, LATIN AMERICA AND EUROPE. Aula Virtual [online]. 2025, vol.6, n.13, e494.  Epub Aug 07, 2025. ISSN 2665-0398.  https://doi.org/10.5281/zenodo.16635714.

This study aimed to analyze the application of states of exception in accordance with democracy and the rule of law, examining their legal foundations from a normative and sociopolitical perspective in Peru, the Americas, and Europe. The methodology used was the PRISMA methodology. Searches were conducted in Scopus, EBSCO, and other alternative databases. Primary and secondary documents, including articles, books, and regulatory documents, were used for the analysis. The results show that in Peru, the state of exception can only be applied in situations of health emergency, loss of internal peace, and catastrophes. This also coincides with other Latin American countries, although it is also applied in economic situations. It is concluded that states of exception occur in Peru, Latin American countries, and Europe, protected by their constitutions. These constitutions curtail fundamental rights due to extreme circumstances, and the executive branch is responsible for their execution.

Keywords : States of exception; militarization; regimes of exception; national territories; democratic authoritarianism.

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