Abstract

SCIPION SALAZAR, Víctor Daniel. TOWARD EQUITABLE JUSTICE: THE EXCLUSION OF THE PROSECUTOR AND ITS EFFECTS ON THE PROTECTION OF HUMAN RIGHTS. Aula Virtual [online]. 2025, vol.6, n.13, e536.  Epub Oct 01, 2025. ISSN 2665-0398.  https://doi.org/10.5281/zenodo.17037823.

The way in which the procedure for removing the prosecutor within the Peruvian criminal justice system is regulated reveals several problems that seriously affect the protection of fundamental rights, both for the accused and for the victims. This research suggests that the rules governing how the prosecutor should act are unclear, which can end up generating situations where due process is not respected, and this ultimately harms the fairness and balance of the judicial system. The main purpose of this work has been to review what has already been studied on the topic, to understand how these rules are affecting fundamental rights within the justice system. To do so, an article was prepared based on an orderly and detailed review of the available information, following a PRISMA (Preferred Reporting Items for Systematic Reviews and Meta-Analyses) methodology that helps review studies in a clear and organized manner. Various academic and legal texts that discuss the decision-making power of the Public Prosecutor's Office were gathered and carefully analyzed, including legal and ethical issues related to its practice. What was found is that this lack of precision in the rules that guide prosecutorial work ultimately leads to inequalities in access to justice and creates scenarios that complicate a person's right to adequate defense. Ultimately, what this study highlights is the urgent need to change and improve the rules that govern the prosecutor's work. Doing so would not only help better protect the rights of all those involved in a criminal process, but would also serve to build a more just, more humane justice system that truly respects the rights of every person.

Keywords : Exclusion; prosecutor; fundamental rights; defendants; victims..

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