Abstract

LLUEN ESPINO, Claudia  and  LLUEN VALLEJOS, César Augusto. SELF-DEFENSE AND SOCIAL CONTROL: LEGAL AND SOCIAL IMPLICATIONS IN THE REGULATION OF PRIVATE VIOLENCE. Aula Virtual [online]. 2025, vol.6, n.13, e548.  Epub Oct 01, 2025. ISSN 2665-0398.  https://doi.org/10.5281/zenodo.17132694.

This article analyzes the impact of Peruvian Law No. 32026, which eliminates the proportionality requirement in self-defense. Its objective is to examine the relationship between self-defense and social control following this reform, considering its legal and social implications. Employing a qualitative approach and a bibliographic analysis of primary sources (Law No. 32026, Peruvian Penal Code) and scientific literature in criminal law, comparative law, and legal sociology, the study uses a descriptive-interpretative methodology. International legal systems are compared to contextualize the reform. The results show that eliminating proportionality increases the risk of arbitrariness and private violence. The expansion of the use of lethal force, even without prior aggression, unbalances the public and private regulation of force, straining formal and informal mechanisms of social control. It is concluded that an integrative approach, combining legal and sociological analysis, is needed to achieve a fair and effective application of self-defense, balancing individual protection with public order.

Keywords : Self-defense; social control; private violence.

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