(Posted in Law N ° 308 of 06/22/2010)
Francisco José
OF SOLAR RED
Lawyer PUCP and U. Central de Venezuela (UCV)
Graduate in Law, History and Communication Studies.
Professor of Law at the UIGV.
In two volumes, the leading litigators Ica, Juan Federico Monroy Galvez (Pisco, n. 1950), presents the second revised edition of his extraordinary work for "my other heart," Law, Process and other troubles, edited by Communitas, Lima, April, 2010 (Volume I, 524 pp, Volume II, 382 pp.). The first edition appeared in June 2000 and was widely accepted in our legal community.
In fact, read or reread Monroy is a great pleasure and a sincere invitation to reflection and awareness we have a moral obligation to be better. Article after article, paragraph by paragraph, line by line, the author spread his humanism full of love and identification with Peru, with democracy, with justice, equity, etc. All this, full of friendship, appreciation and hope for change. Hence, his permanent virile and courageous denunciation of injustice and abandonment in which millions of our countrymen. To these, our legal system, political, social and economic development has given back, and who calls for greater concern and attention directed towards achieving them as human beings and as Peruvians.
"MI OTHER HEART "
For all we can think of and adhere to the feeling of Monroy Galvez are part-to say of him," my one heart ", that is, are and will be" friends "of John Frederick, as well as understand this equation Guarao native tribe, belonging to the great river Orinoco. In short, the work of this distinguished jurist is a responsible and sincere call to close ranks in favor of large national majorities from the past, expect to be justice for more and better public services-health, education, security, etc. .- enabling them to fight and be forged themselves a better future.
Paola the beloved daughter of Monroe, occupies a privileged place in the dedication. The eminent philosopher, jurist, journalist and teacher San Marcos, Francisco Miro Quesada Cantuarias (Lima, n. 1918), enchants us with accurate, concise, beautiful and compelling introduction, full of humanism, secure and satisfied with the legion of loyal followers and admirers of his thought, and as to which John Frederick, complete and fully adhere. AUTHOR
Juan Federico Monroy Galvez is Professor of Procedural Law at the University of Lima. Former professor at the Pontificia Universidad Catolica del Peru (PUCP), where he graduated as a lawyer. Member of International Association of Ibero-American Institute and the Peruvian Association of Procedural Law. Ex-judge Court of Human Rights, based in Costa Rica. About
Monroy Galvez, wrote his biography in this supplement legal provisions (see Law No. 90 of 18.04.2006. Pp. 9-11). On that occasion, said: "Juan Federico Monroy Galvez is a model of man, lawyer and family man who dreams with the people, hoping that in the not too distant future, there is justice, truth and love in the country, order to attain spiritual development and material progress that we should all Peruvians. " WORK
Cantuarias Miró Quesada, says in the foreword: "The issues addressed are varied, ranging from the concept of duty to the excitement of football. But they contain a constant. A passionate love for Peru. But this is not an outdated chauvinistic love. His love is realistic. It is a love, despite the negative aspects of our country, anything salvageable that exist in our history, it is a love of Peru as it should. It is a love of the future. "
The conspicuous prologue, immediately afterwards, adding:" In all the articles that constitute the book emerges, clear and strong, another constant: the struggle for justice, the withdrawal by the oppression and rebellion against a reality that seems to deteriorate each day. This constant is humanism. Only by facing the problems that beset us from an authentic humanism, in which every individual is an end in itself and not an instrument in the hands of unscrupulous individuals or groups of economic and political arrogance, we can overcome a situation in which field the dishonesty and injustice. His whole book is a commitment to himself, demanding to anxiety, with Peru we all are. So our first obligation is to fight for the underprivileged Peruvians, who are the most, and poverty are discussed in seeking a job, day to day, further away from their hands. "
In 2000, the book Monroy was highly suggestive and important for understanding our reality. Hence, the teacher Miró Quesada, said: "It is difficult to decide which items have impressed me most. In all of these thoughts are interesting, attractive writing style and creative originality. "Today, after 10 years, remain vital to the study and reflection on our weaknesses and ailments, and with the noted philosopher may add:" The chapters ( the book) show that while not change the legal system that governs today in our country can not take a single step toward the humanization of Peruvian society. "
Anything else in general, are items that were published in the newspapers El Comercio and La Republica, from 1985 to 2000. We stress that Juan Federico wrote and reported, with courage, wisdom and courage, which autotilados other attorneys-lawyers, but very far from being recognized as "silent and rather preferred the positions and salaries before the robe and example future generations. Front faced the fujimontesinismo corrupt and defiling the true anesthetist popular demands, the requirement of the dignity and primacy of institutions. Hence the great value of this jurist, this fighter for just causes, this man's singular and exemplary husband and parent, special friend and companion. INTRODUCTION TO LAW
Indeed, the book has a varied theme impossible to summarize in a newspaper commentary. However, we will highlight three or four key areas in our modest opinion. Let's see. Coming from Reality
, Juan Federico demands better secondary education, which should include the course "Introduction to Law" for young Peruvians know and defend their rights and fulfill their duties, which, ultimately, prevent increasing social conflicts in intersubjective relations of future citizens.
This, without doubt, avoid misinformation-that law manifests itself in powerlessness, and which supports an unjust social system, however, so definitely, help to reduce corruption, violence, injustice and misery. At the same time, also demands better pay for teachers, judges, public health, education, etc.
AGAINST THE LAW
APPLICATOR Commonly called "operator of law" that, mutatis mutandis, the mere literal applicator of the rule of law, without value or think about the facts, circumstances, culture and social levels. That is, apply the law as if it were a technical catalog which mechanical operator procedure. Hence, Monroy, says: "that the court interpreter requires a high standard hierarchy that includes the power to break the infamous corset reducing its role to that of an applicator letter of the law."
There is no doubt that this is the purest and stale legal positivism against which we are humanists or neoiusnaturalistas lawyers. We feel like the German legal philosopher Hermann Kantorowicz (1787-1940) that the judge can and must resolve against the supremacy of law (contrarius legem) or in the words of Monroe: "The important thing is to make the constitution-the constitution- that any judge granted the authority to bring standard to this case, creating the right step. "We follow the proposals of Miró Quesada y Monroy, have written against the" wretched name "of" operator the right "(see Law No. 101 and 102 s, 4 and 07/11/2006, respectively, and El Peruano, 09.09.2008. p. 13. Carlos Augusto Ramos Núñez, Law No. 172 of 13.11.2007).
a national problem with honesty and sincerity Meridian, Monroe said: "No law or magic potion is going to solve a national problem, it is regularly product of a historical process in which intelligence or fraud have mortgaged the solution creditors petty but powerful " (...) "A national identity is constructed with a description of the past that after condemning us. Much less if it is harboring a story that anyone be proud to (...) "Only when we really who we are, we know who we are and, above all, what we must do to reach that awareness loi us to be" . We agree with Monroe because we have to rewrite our national history. Nationalism and patriotism are good at as they are not unhealthy because they distort reality, you lose objectivity. All the history we know is full of historicism and ethnocentrism, which has caused much damage and has taken us a wrong way but fortunately we have begun to change from 2000. In this sense, I think John Frederick and his supporters should be proud and satisfied that the teacher has "plowed the sea" as stated by the Liberator Bolívar, to see how crumbled his great work for freedom, independence and integration.
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