info:eu-repo/semantics/bachelorThesis
Incidencia del carácter inimpugnable de los títulos de propiedad emitidos por cofopri y el derecho a la tutela jurisdiccional efectiva en el marco de un estado constitucional de derecho
Fecha
2015Autor
Cruz Castillo, Jorge
Espinoza Mendoza, Luis
Institución
Resumen
The phenomenon of the invasions entered chaos, it close to the deficient administration of the Municipalities, who limited themselves to recognizing invaded zones and to delivering title deeds without any diligence. It is so, there arises the Organism of Formalization of the Informal Property (COFOPRI), who has the faculty to deliver title deeds, documents that develop in unquestionable into Judicial route, as it is established by his legal in force devices. This work centres on determining the incident of the character of inimpugnable of the above-mentioned title deeds in the right to the jurisdictional effective guardianship of the affected ones, in relation with the Constitutional State of Law. For it there was realized an integral review of the procedure and judicial pertinent resolutions, by means of the utilization of the methods hermeneutically, analytical, comparatively, between others; being cases of basic relevancy, of which there decides the existence of a negative incident, when preventing the right of access to the justice. Finally, our hypothesis is confirmed, fulfilling the raised aims and recommending the modification and / or derogation of the legal unconstitutional devices. KEY WORDS: COFOPRI - Title deeds - Constitutional State of Law - Jurisdictional Effective Guardianship.