Abstract

LOPEZ CHAVEZ, Carmen  and  CUEVA QUEZADA, Nilton Isaias. CONTEXT OF FAMILY VIOLENCE IN THE FACE OF THE PRINCIPLE OF LEGALITY IN PERU. Aula Virtual [online]. 2025, vol.6, n.13, e632.  Epub Dec 30, 2025. ISSN 2665-0398.  https://doi.org/10.5281/zenodo.18458009.

The objective of the study was to analyze how the application of the context of family violence in article 122-B of the Criminal Code (CP) affects the principle of legality in Peru. Regarding the methodology, a qualitative and descriptive bibliographic review was carried out, using the method of documentary analysis. The sources included indexed articles, theses and jurisprudence focused on the periods 2015-2024 that coincides with the enactment of "Law 30364". Combinations of keywords such as "family violence", "principle of legality" and "Law 30364" were used. The results show that family violence is a deep-rooted and often normalized social problem in Peru. The application of the Criminal Law, especially Article 128-B of the Criminal Code, is complex because it must be complemented with the other regulations (Article 108-B and Law 30364). This complexity generates a lack of clarity (lex certa), which leads to arbitrary interpretations and inconsistent judicial application. This clarification negatively affects both the effective protection of victims and the right to defense of the accused. It is concluded that the precision of Article 122-B violates the principle of legality, and therefore it is essential that the Peruvian State guarantees a clear and coherent interpretation of the legislation on family violence, aligned with the requirements of criminal typicity and ensuring the comprehensive protection of victims.

Keywords : Family violence; emotional affection; lex certa and right of defense.

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