Abstract

VILCHEZ GUIVAR DE ROJAS, Leyla Ivon  and  ROJAS CALDERON, Fernando Manuel. DELIMITATION OF CONSTITUTIONAL JUSTICE, SUPREMACY OF THE CONSTITUTIONAL COURT, AND EXCLUSIVITY OF THE JUDICIAL BRANCH'S JURISDICTIONAL FUNCTION. Aula Virtual [online]. 2025, vol.6, n.13, e596.  Epub Dec 27, 2025. ISSN 2665-0398.  https://doi.org/10.5281/zenodo.17802593.

The purpose of the article was to examine the role of the Constitutional Court of Peru in relation to the limits of its jurisdiction, especially in cases where, through binding precedents or legislative exhortations, it has assumed functions that correspond to the Legislative Branch, generating tensions in the principle of separation of powers. The research was qualitative in nature, with a dogmatic-legal approach and a descriptive-analytical design. The hermeneutic method was used to review and interpret the Constitutional Court's rulings, as well as to analyze constitutional doctrine, current legislation, and relevant case law. The study identified that, in various rulings, the Constitutional Court has issued provisions with general normative effects. Although the Constitutional Court has the function of interpreting and guaranteeing the supremacy of the Constitution, it should not exceed this power or replace the legislature in the creation of norms. Strengthening the constitutional state requires respecting the autonomy of the judiciary and promoting the proper use of diffuse control by ordinary judges, thus guaranteeing judicial independence and institutional balance, in line with international commitments to democratic consolidation and constitutional justice.

Keywords : Exclusivity; constitutional justice; judiciary; supremacy; Constitutional Court.

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