Abstract

LLUEN ESPINO, Claudia  and  FRISANCHO LAZO, Jorge Luís. THE INEFFICACY OF CRIMINAL SANCTIONS IN THE PROTECTION OF OCCUPATIONAL SAFETY AND HEALTH. Aula Virtual [online]. 2025, vol.6, n.13, e603.  Epub Dec 27, 2027. ISSN 2665-0398.  https://doi.org/10.5281/zenodo.18108317.

This research examined the effectiveness of criminal sanctions in preventing occupational accidents and diseases. The Peruvian legislation was reviewed and compared with the Spanish framework, starting from the problem of the gap between legislation and practice in Latin America—particularly in Peru—where high levels of informality and the lack of a preventive culture exacerbate the situation. A qualitative methodology was employed, based on the analysis of legislation and existing scholarly literature. The analysis focused on the interpretation of legal norms and their practical application, identifying legal gaps and limitations in the enforcement of criminal sanctions. The findings revealed deficiencies in the definition of offenses against occupational safety and health, the imposition of mild and insufficient sanctions, a lack of precision in the attribution of responsibility, and the absence of adequate mechanisms for the reparation of affected workers. It was concluded that the Peruvian criminal regulation is ineffective in protecting occupational safety and health, requiring a comprehensive reform that prioritizes prevention, the participation of all stakeholders, and the guarantee of fair compensation for victims. A holistic approach is proposed—integrating prevention, criminal regulation, and effective reparation mechanisms.

Keywords : Occupational safety and health; Criminal sanctions; Occupational criminal law.

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