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90 years of Law at Catholic University

90 years of law at Catholic University

FRANCISCO JOSE DEL SOLAR Lawyer
PUCP and U. Central de Venezuela (UCV)
Graduate in Law, History and Communication Sciences
Professor of History of Law in
UIGV
The Faculty of Law at the Pontificia Universidad Catolica del Peru (PUCP) began operations on April 29 1919, with a small group of 20 students in the classrooms of the old premises of the Colegio de la Recoleta, Plaza Francia. Originally, his name was of Arts and Jurisprudence, approved by Supreme Resolution of 24 March 1917, date of creation of the University. In 1936, vacancies rose to number 50 and the Faculty was divided into two: 1. Letters, and 2. Law and Political Science. The latter, in 1956, was established in the Law School.
In 1947, during the deanship of the illustrious patriot and lawyer Victor Andrés Belaunde Diez Canseco (Arequipa 1883-New York, USA, 1966), the School moved to the colonial mansion of Lártiga-Casa Riva Aguero, at the center Lima (Jr. Camaná No. 459, current site of the Riva-Agüero) until October 3, 1974, the day the powerful earthquake that struck our capital. After a brief recess, the Faculty or Academic Program Law moved into classrooms donated by other academic programs and some temporary facilities in University City Fundo Pando. LAW AND REVOLUTION


Jorge Avendaño Valdez was dean of the Faculty of Law from 1964 until 1970. Year in which by order of the Revolutionary Government of the Armed Forces, the "Powers and deans" were renamed "Academic Programs and directors." In this situation, Avendaño also was director of the Academic Program of law to fulfill its mandate of six years. At the end of it, he was elected Pro-Chancellor of the University, while Felipe Osterling Parodi, on 12/14/1970, with the unanimous vote of the teachers took over the direction of the program, to be subsequently ratified by the Assembly University.
was a difficult and complicated because in 1968, with the coup constitutional President Fernando Belaunde Terry, the so-called Revolutionary Government of the Armed Forces who led by General Juan Velasco Alvarado, began "a process of change" trampling the order legal and legal-constitutional and that the true well-trained jurists and lawyers could not support. And PUCP, in general, and the Faculty of Law, in particular, could boast the membership of them, which we sumábamos most students.
On 03/10/1968, we met students from the faculties of Law and Arts and Humanities, in the latter's local (In Plaza Francia), to protest in our university for the constitutional violation and senseless legicidio. More or less were a number of 300. The police, in charge always do the dirty work of dictators, with a tank toppled the old gate of the academic unit and are violently ejected into the streets. We had no other way to face manfully, because "When they close the doors are opened legality of violence." (See Law No. 207 of 07.15.2008, p. 3). REFORM


Nevertheless, the University continued to function normally. Law was done on "education reform of law. "Process started during the administration of Jorge Avendaño Valdez. Fewer words words, was to give an efficient and effective theoretical and practical instruction in the legal field, in order to reduce the distance between the study of law-law, doctrine, jurisprudence and practice, and its application and either the due process or legal advice to legal and natural persons.
In fact, teachers themselves, especially young people, spoke of a mismatch between theory and practice of legal education then. In other words, a bookish education lacking or with very little practical application for good practice of the profession. To this add the feature had to be feathered Peruvian legislation since 1904 to then, had been enacted more than 20 thousand laws, giving effect to this Latin aphorism Francis Bacon: "How many laws, many rules" (Quot leges, regular tot).
To undertake such a great task was developed "a new conception of law", "A New Curriculum", "new course content," "new driving techniques in class", "reform of the rating system and granting of degrees "and reorganization of the faculty" etc.
With this new vision and mission with the support of the Ford Foundation entered into an agreement with the University of Wisconsin, United States of America. It would train teachers in developing new methodology and teaching materials. Gradually, a total of 15 teachers held an internship at the university. Returning after his new group, students identify them with the nickname of the "Wisconsin Boys."
Indeed, some made big contributions to the understanding and identification with the students, thus making highly beneficial reform. They along with other former teachers became teachers unforgettable and best friends because we were taught to think legally and set aside the odious mnemonic number of laws and proposals of articles and treatises and case law contradictory and impossible to understand the multiple meanings-many or in which we incur with great ease lawyers. That is, with great unselfishness, generosity and tolerance formed us to observe, analyze, interpret and comment. In contrast, others were so negative that created resistance and even rejection by their students and itching stubbornly believe intellectually privileged to have passed through the halls of the renowned and prestigious Wisconsin University.
parallel with this grim reality, it generated a more severe rejection These and other teachers who completed both measures of force by some students as the university authority, with honesty, is not relevant to recall. This, especially, because it was the fruit of youth, inexperience and intolerance. Fortunately, the water level again after some self-analysis and corrections that improved relations in the complex process of teaching and learning within the constructivist framework. Thus, the Faculty of Law PUCP was at the forefront of the teaching of law is not only the country but also in Latin America.
In 1970, the Academic Program of 329 registered law students enrolled and distributed as follows: 102 in first year, 51 second, 61 in third, 57 fourth and 58 in fifth. He resigned the secretary Juan Armando Lengua Balbi and was replaced by Alfredo Lopez-Alfaro Ostoja. Constitutional law professor Jose Pareja Paz Soldan was appointed ambassador of Peru in Denmark. The promotion was graduated teacher's name "Roberto Mac Lean Ugarteche."
By 1971 significantly increased the number of students: 415. 489 enrolled in 1974 and graduated 120 students, divided into two classes. One bore the name "Enrique Normand Sparks" and another the "Juan Armando Lengua Balbi."

TEACHERS UNFORGETTABLE
Among many others, in alphabetical order, remember Alzamora Valdez, Mario; Arce Murua, Juan; Avendaño Hubner, Jorge; Avendaño Valdez, Jorge; Avendaño Valdez, Juan Luis; Cornejo Chávez, Hector De Althaus Guarderas, Miguel Espinoza Villanueva, Carlos; Ferrero Rebagliati, Raúl; Figallo Adrianzén, Guillermo, Garcia Belaunde, Domingo Czech Gulman, Guillermo; Leon Barandiaran, Joseph Ugarteche MacLean, Roberto; Medrano Cornejo, Humberto; Normand Sparks Enrique; Osterling Parodi, Felipe; Pasco Cosmopolis, Mario; Pearl Velaochoga, Ernesto; Quispe Correa, Alfredo; Velaochoga Miranda, Guillermo, Rodriguez Pastor, Carlos, Vidal Ramírez, Fernando and Zolezzi Ibarcena, Lorenzo.
certainly before and after three or four years that we review and there were distinguished professors who gave and give their best to make this law school is the best in the country. Many students today are the outstanding professors at his alma mater. Suffice it to name the current president of the PUCP, Marcial Rubio Correa, who always stood out as one of the brightest students of law, and now occupies a privileged place as eminent constitutionalist.

MAGAZINE: Right
was founded in 1944 by Dr. Javier Kiefer-Marchand, secretary of the Faculty, and with Hugo Piaggio, exercised the direction of the newly published until 1949. With unmatched effort, Kiefer-Marchand was devoted to publish annually until 1967, which relinquished the position. In 1968, Law was restructured in format and content. Incidentally, in parallel, in 1965, a group of students from the School, founded Themis magazine, among them Domingo García Belaunde and his fellow students and Jaime Rossello Kresalja Baldo Leon Thorne, who later created the Law Association Themis. Notably, the last of these funded from his own pocket the first editions of this important publication that evoked the name of the "Goddess of Justice." (Vid. Law No. 207 of 15.07.2008, p. 6).
Well, the Academic Program Management Law and the directors of the student association decided to merge the two publications in a single organ of expression, in the belief that college is a community of learners and teachers, agreeing to preserve the name of law for the next stage of the Journal of the Faculty. This was the magazine we would read avidly and religiously.
Law Today magazine is published promptly by the Publishing Fund PUCP efficiently directed by Mrs. Patricia Arévalo Majluf (Vid. Law N ° s 146, 147 and 188 of 05.22.2007 and 15 and 4-03 - 2008, respectively, p. 8). In 1989 College students publish the magazine "Law and Society", and in 1990, do the same with "Ius et Veritas."

LAW IN PANDO FUNDO
If it is true that the School was transferred from the earthquake due to the Fundo Pando, in 1974, as we have noted, it is also true that he had to take several years to contain its own facilities and appropriate . Indeed, it was during the second dean of Jorge Avendaño Valdez when it began construction of new facilities including the auditorium. The classrooms were opened in 1988 and the following year the spacious and comfortable auditorium for 350 people. FULL STORY


personally do not know yet no comprehensive history of our beloved and remembered Faculty. Some years ago, we talked to our good friend and colleague Teodoro Hampe Martínez, renowned historian, who was commissioned to write one, however, for reasons unknown, this arduous and complex task remained unfinished. Consequently, we still lack this record. However, he has published several articles as "A Brief History of the Pontificia Universidad Catolica del Peru," in Synopsis, Year 8, No. 2 (1988), "Academic Life in the Faculty of Law: seventy years of history (1917 - 1987), "Part 1 and 2, Themis, 2 Times, 1988, in numbers 12 and 13. And finally, an interview with Professor William Velaochoga Miranda, Compass, PUCP, Year 1, No. 1 (2000). Notwithstanding
pointed out, recently, we said another historian, colleague and best friend, Carlos Augusto Ramos Nuñez, he is devoting to write the required history of our Faculty, which, no doubt, from discount and high quality, both in form and content of the work he is preparing. This is because, its historical and legal papers submitted do not have any precedent in our national legal history. The proof of this assertion, is in the History of Republican Civil Law, published in six volumes by the Fund Editorial PUCP, and also in the history of the Supreme Court of the Republic has recently circulated on the Judiciary.
Finally, therefore, look forward this story to remember 90 years of the Faculty of Law PUCP, and also return to live with the thought of extra years spent studying, analyzing and interpreting the Constitution of 1933, codes, laws and case law now repealed, however, the important thing was that we were taught the method and systems for doing so. Hence, we have been easier to analyze and interpret efficiently and effectively produced new legal order after years 70. Reason enough to reject the notorious name of "operator of law", as the success of the true lawyer is in good education, better analysis and excellent interpretation of the Constitution, laws and jurisprudence, highly intellectual work to creative and speculative-philosophical and logical, which is far from being a simple and simple implementations of the standard, that is, the operator, which acts mechanically without reason nor more intellectual effort.

POSITIVISM-vs-NATURAL LAW
not forget that the legal positivism that falls outside the fair, morals, values \u200b\u200band fundamental rights the man is being beaten by the neo-natural law that precisely what privileges Von Savigny, Kelsen and others never wanted to understand and less accepting. Recall that we also learned in Catholic Theology and Ethics Coroner, and many of those unforgettable teachers instilled in us values \u200b\u200band principles to be better, to defend just causes to fight for justice, freedom and democracy. Let us keep in mind this special comprehensive training that is doing great at our institution in its 90 years of life.

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Peruvian Civil Code of 1984

Peruvian Civil Code of 1984
FRANCISCO JOSE DEL SOLAR

Lawyer PUCP and U. Central de Venezuela (UCV)
Graduate in Law, History and Communication Sciences
Professor, Faculty of Law

UIGV
civil law change more slowly than the criminal law or the commercial. After the Constitution, Civil Code (CC) is the most important legislative body of every nation-state. The history of the Peruvian legal system records up to now three civil codes: 1852, 1936 and 1984. The first two, little or nothing to say since the long and brilliant work of iushistoriador Arequipa, Carlos Augusto Ramos Núñez. He discusses at length in his excellent book History of Civil Peruano, nineteenth and twentieth centuries, published in 6 volumes by the Fund Editorial PUCP.


Review Commission, 1936 The CC was changed constantly over a long period, as new rights were created, new institutions were legalized and regulated civil relations unthinkable. Hence, by Supreme Decree No. 95 of 03.01.1965, the review commission was appointed to this body of law. Substantial changes process lasted 19 years until 07/24/1984, the date of enactment of the new Civil Code of 1984, it entered into force on 14 November of that year.
Review Commission in 1965 was appointed the first government of President Fernando Belaunde Terry (1963-1968). The Minister of Justice, Carlos Sessarego Fernández, presided in his capacity as holder of the Sector, joining later, as a member of it. The members were the supreme vocal Alberto Eguren Bresani and jurists Jose Leon Barandiaran, Felix Navarro Irvine, Romulo E. Lanatta Guilhem, Jorge Vega García, Jorge Castañeda Eugene Peralta, Héctor Cornejo Chávez, Max Arias-Schreiber Pezet and Bielich Ismael Florez.
In the course of time, the committee was enlarged. Joined Jorge Avendaño Valdez and Manuel Garcia-Calderon Koechlin, who when accessing a supreme Investigation Board was replaced by Felipe Osterling Parodi known lawyer in 1971. They were subsequently appointed new members, Macedo Oscar Lopez, Ezzie Parodi Marone, Fernando Trazegnies Granda, Fernando Vidal Ramírez, Lucrecia Maish Portocarrero von Humboldt and Manuel de la Puente y Lavalle. The first two were never incorporated.
Finally, outstanding young lawyers were invited to belong to the committee: Victor M. Villavicencio Cuneo, Delia Revoredo Marsano, Jorge Vega Velasco, Carlos Cardenas Quiroz, Susan Zusman Tinman, Jorge Muñiz Ziche and Rossello Rafael de la Puente. NEW CODE


The primordial review committee concluded that the best thing was to develop a new Civil Code prior to reform and modernize, 1936 given that lose organicity, unity and coherence. And it was. This arduous task avocado commissioners, who initially had structured their proposals under the 1933 Constitution, however, in the interim of their work had to adapt themselves to the new Constitution of 1979.
With the advent of democracy, Belaunde Terry was elected president in 1980. In his second term (1980-1985), placed special emphasis on completing this work coding. In this context, the committee was chaired by Osterling Parodi when he was appointed Minister of Justice. He accounted for presenting the draft Civil Code to the President Congress, on 15/07/1981, at a special ceremony at the Supreme Court of the Republic, at the time, headed by Alvaro Chocano Marina.
was how the Legislature empowered the Executive to enact by D. Legislative new Civil Code, before 28/07/1985, under Law No. 23403 of 05/13/1982. Mandated by this law, appointed the review committee of Congress, a task that fell to the Senators Javier Alva Orlandini, as president, Roger Cáceres Velásquez and Edmundo Haya de la Torre, in the members Ricardo Castro Becerra, Roberto Ramirez Zamalloa Rodolfo del Villar and Loayza, and attorneys representing the Ministry of Justice: Cesar Fernandez Arce, Guillermo Miranda and Jack Velaochaga Chrem Biggio. ENACTMENT OF THE CODE


The third civil code in our national history of the codification was promulgated by D. Leg. N º 295 of 07.24.1984, issued by President Belaunde Terry and his attorney Max Arias-Schreiber Pezet, a prominent attorney who was determined to make this body of law, to find practical solutions to the differences arising between members reforming the committee on the review committee, subtle distinction made by the lawyer Vidal Ramírez. Entered into force on 11.14.1984, and is currently governed us.
The CC 1984 is of personal nature, unlike the previous two (1852 and 1936) which are patrimonial. You have 2122 articles are preceded by a preliminary section with X numerals. Was prepared under the light of the 1979 Constitution. Its main "sources" were also of the various projects of the committees of both the reformer and the reviewer, the 1979 Constitution and the Civil Code of 1936. Of foreign origin, mainly the Italian Civil Code of 1942 and others, like the Portuguese in 1967 and Bolivia 1976. Suggested
REFORM

Like any human endeavor can be improved by Law N º 26394 of 16/11/1994, a committee was appointed CC reformer 1984, to update the globalized world and, particularly, to align it with the 1993 Constitution.
The commission was amended by Law No. 26673 of 10/14/1996. The new review group discussed whether the corpus legum reform or develops a new one. The problem is greatest in the Code of 1984, when he questioned the legal-political essence of the Charter of 1993, it was already clear that was the result of a political situation circumstantial, in the words of Vidal Ramirez, who believes that they are not given the conditions for a total reform of this body of law, but in any case, in part, only to save flaws and imperfections without affecting the cohesion that has the CC 1984. While, doctrinally, is of the view of doing the new codes.
This committee is chaired by reforming and composed Valdez Avendaño Vidal Ramirez, Marcial Rubio Correa, Javier de Belaunde Lopez de Romana, Augusto Ferrero Costa, Guillermo Luca de Tena Lohman, Delia Revoredo Marsano de Mur, Enrique Varsi Rospigliosi, Forno Hugo Florez Quirós and Juan Carlos Cárdenas Espinoza Espinoza, and presented to the public a draft new Title XII Preview with numerals. It privileges the custom as a source of law after the legal regulations and case law places the third, working with the same precision and predictability of law in the Roman-Germanic legal system.
On the other hand, in the implementation and substance of the law places the "general principles of law," the "doctrine of the authors", the "analogy" and other types of argumentation. Also stresses the importance of "good faith", etc.

Osterling Parodi AND CASTLE FREYRE
Legal In an interview with the illustrious teacher and lawyer Felipe Osterling Parodi CC came to the defense of 1984, saying "do not blame the DC economy evil" (No. 25, 21/12/2004). Similarly, the prominent professor of law, Mario Castillo Freyre, wrote brainy articles in this supplement, highlighting the failures of the new Title Preliminary draft presented by the reform commission, saying it was not urgent or necessary (N ° s 43 and 44, 26-04 and 3 - 05-2005, respectively). Also, this conspicuous jurist, among others, stood as one of the most illustrious defenders of the current CC (Vid. Law N ° s 20 and 23, 16-11 and 12.7.2004 respectively).

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information of terrorist violence as a factor generating more terrorist violence

information of terrorist violence as a factor generating more terrorist violence
(Posted in Law No. 277 of November 17, 2009). JOSÉ FRANCISCO

THE SOLAR
Lawyer PUCP and U. Central de Venezuela (UCV). Criminologist
. Master in Criminal Science. Journalist
Graduate Center of Advanced Military Studies Professor at the UIGV



terrorist violence certainly caused a deep political crisis, economic and social development in Peru for two decades, from 1980 to 2000. However, in the first (1980-1990), there were the most bloody and devastating events were accompanied, unfortunately, by an intensive information campaign journalism that, indeed, failed to live up to this difficult situation, becoming On the contrary, an important factor generating more violence.

CRISIS AND INFORMATION
VIOLENCE Violence was generated by both the Communist Party of Peru, called Sendero Luminoso (SL) and the Tupac Amaru Revolutionary Movement (MRTA). This escalation of violence began on May 17, 1980, in the district of Chuschis, Ayacucho, with the burning of ballot boxes elections called by the military government of General Francisco Morales-Bermúdez Cerruti, to return to democracy and hand over power the candidate who the people chose. There were two candidates with greater choice, the Popular Action (Fernando Belaunde Terry) and (APRA Armando Villanueva del Campo). Weeks later, SL attributed to the fact and started a fire in the deep gorges of the Andes. Massacred both communal and district authorities as defenseless peasants. Lima
paid no more attention to these facts. The Interior Minister, José María de la Jara and Ureta blamed the cattle rustlers made while the senior director of the Civil Guard, Lieutenant General John Balaguer GC Morales, spoke of a political plan of the ultra left. This undoubtedly led to the separation of high official position he held, being replaced by Lieutenant General GC Catter Humberto Arredondo, who showed permeability to the minister and confirmed what he had said. In sum, while government policy was to minimize the actions "subversive" walkers intensified its violent action and went on to commit the crime of terrorism. The example is in the atavistic terrorist attack led by the Lagos Gloria Edith Sáenz, at Christmas 1980. Our legislation is not criminalized, so the government passed the D. Legislative N ° 046 of 03/10/1981. Immediately after creating the Anti-Terrorism (DIRCOTE) as a specialized body of the Investigative Police of Peru (PIP)
As the situation worsened and the national press began to deal with internal problems, exposing the bloody events criminal and indifference by the government, he was forced to declare a "State of Emergency" in the departments of Ayacucho, Apurimac and Huancavelica, under Article 231 of the Constitution of 1979 and order "to maintain order internal "to the Armed Forces, Quine took it in December 1982. In late January 1983, eight journalists fall Uchuruccay, news went around the world. Consequently, the field was already turned on and began to burn steadily. The front pages of newspapers and magazines as well as "flashes" of radio and TV., Were stained with blood, fire, tears, attacks, kidnappings and persecution, perhaps engendering more violence (intended purpose of terrorism), both terrorist offenders as bad or wrong in some members of law enforcement (perhaps in self-defense or revenge), and the Peruvian people resigned accepted what is called the "Culture of the blackout and curfew."
Moreover, the government responded by criminalizing the offense of "glorification of terrorism" to which this amended and incorporated in Article 288 "D" of the Penal Code. Later, in an effort to provide viable and procedurally constitutional guarantees to citizens the President Belaunde enacted the Law of Habeas Corpus and Amparo Act (Law No. 23,506), the 8-12.1982. So we as a country lawyer and vice dean of the College of journalism is the defense of many colleagues who were unfairly and wrongly accused by the new crime of "glorification of terrorism."

RESEARCH
This grave situation, we were concerned since . Only after a reasonable time has elapsed, we decided to conduct a thorough scientific investigation of descriptive and explanatory level ex-post facto, with l in order to determine what were the root causes that generate media coverage reach more acts of terrorist violence. In order to be comprehensive, we review four theories of social sciences that have worked and are working with boldness the causes and consequences of violence, such as Criminology, Science Communication, Psychology and Sociology. It is obvious that these sciences since they began studying the phenomenon of violence pose were discordant. Let's see.
Criminology is true that the information gives a "determinant influence on, while the three next-Communication Science, psychology and sociology," notes that "influence is decisive." But also, the theory of communication provides the thesis that the influence is more on the receiver / audience in the media, which was a new approach to this study. Words
other words less, we decided to compare these theoretical approaches with empirical reality science investigation. This allowed us to verify that the media coverage was established in factor generating terrorist violence or may serve the media as a sounding board or stimulus intervening in the commission of acts of terrorist violence, given the partial successes in fight or political confrontation military and terrorist criminals then governments and law enforcement, in particular, and against the "bourgeois democratic system" in general, which they thought they could break down or destroy creating chaos and terror in society, in the State nation, to build a new one. Which obviously did not happen or could happen because the nation-state, read people, was solid and its security forces (armed forces and National Police) were still operative capability of war, total destruction of the enemy. This, obviously, if it had been necessary as a last resort to meet legitimate and legally in order to defend freedom, democracy, the Constitution and laws.


BASED RESEARCH Research on the one hand, was made on the news reports of terrorist violence in the major media in the period of 1980-1990, and on the other hand, were surveyed as 278 terrorists sample of a population of 1 000 subjects convicted of the crime now serving a sentence, now pardoned, now released after serving sentence. Also conducted a background interview some of them, especially to those recognized as major leaders.

anxious to know
We formulate then the following questions: Were they really the social media or mass media agents harmful to society?. Or was the kind of information, content or messages, which hurt the audience / receiver?. And in this sense, was it then possible that the information generated more terrorist violence terrorist violence?.
Obviously, get the answers to these concerns was not simple or easy task. Required, rather, on the one hand, a deep theoretical analysis and, on the other hand, the field research mentioned above. THEORIES


Violence has always been present in all or almost all revolutionary movements that have sought to reform the social, economic and political. Thus, violence is inherent to human nature and gives more or less in all social relations. It can only be influenced by the degree of socialization, says Philip RP MacGregor SJ, former rector of the PUCP and student of this problem.
On violence and terrorism there are many good research from multiple perspectives, both national and foreign authors. Among the former, for example, Gonzalo Portocarrero: Structural Violence: Sociology (1990), César Rodríguez Rabanal: structural violence: Psychoanalysis (1990), Gustavo Gorriti E: Path: History of ancient war in Peru (1991); Francisco Eguiguren P.: Structural Violence: Law (1990), María del Pilar Tello: Peru: the price of peace (1991 , etc.). Moreover, on the other hand, the Peruvian government was concerned by this phenomenon and in 2001 formed the Commission of Truth and Reconciliation Commission (TRC), which was established to study, analyze and interpret the terrorist violence from 1980 to 2000.
other words Words least all agree that when the economic, social and political life of a nation-state is not viable the implementation of its citizens, there is structural violence, institutional and personnel overflow the legal limits and / or normal frustrations, committing crimes or misdemeanors, both those in power-government, as of the governed-the people-in a series of structures domination. "
CRIMINOLOGY

If violence is in man and can lead to crime, and also the degree of socialization to self-realization has a great influence on the commissions, then violence is also object of study in criminology. Moreover, while today it is accepted that criminology is an interdisciplinary social science and prominence its comprehensive approach BIO-Psychic-SOCIAL raised by the French criminologist and professor Jean Pinatel (1), so that criminologists have structured a criminological theory of violence as holding the Argentine Israelite origin criminologist, Israel Drapkin (2 ), it has been enriched with a multidisciplinary approach. Assessment which took into account to study, analyze and interpret the specific case of terrorist violence developed in Peru, in the tragic decade of the 80's.
The increase in criminal activities by terrorist groups, suggested to the authorities and public opinion was due to the wide and even excessive information of terrorist violence. To do this, some scholars dusted theories and approaches of journalism and propaganda, now grouped in the disciplines of Communication Sciences.
In fact, in this context, communication theory says that repetition of information (content or message) leads to action as the communications expert and professor says Venezuelan Hector Mujica. (3) This is dealt with when dealing with aspects of the media, which, as a species of communication, is to strengthen and expand the message by the issuer and ending with the adaptation (action) of the recipient / addressee in process communication. The spread is used in press campaigns for party propaganda, ideological or religious, for the advertisement for sale of goods or services and public relations to achieve the integration of common interests and complementary needs of man, the entity corporate and society.
If it is true that on terrorism in particular and violence in general has written extensively, both in Peru and abroad, the fact remains that very little or nothing has been investigated, and not published, on the information terrorist violence as a factor generating more terrorist violence. In this context, for example, how was propaganda used by terrorists?, how they used the information provided by them, What were the excessive use of terrorist violence information?, etc.
On the other hand, starting Pinatel study, we formulated the hypothesis of "criminal terrorist criminal personality", identifying it with the following characteristics: 1. Egocentrism. Believed to be the elected or want to be the center of attention. 2. Emotional indifference or moral insensitivity. Perversity. 3. Lability. Easily prone to fall or to pass the act criminal. 4. Aggressiveness. Large capacity innate violence and destruction. Criminal personality summarize Eila with the acronym. (4)

STIGMA OF THE PRESS
was the father of criminology, Cesare Lombroso (1835-1909), who originally "stigmatized the pernicious influence of the press" as Pinatel statement. (5) Indeed, Lombroso, said: "These excitations morbid, are now hundredfold increase those papers truly prodigious criminal who wet his pen in the most fetid corruption of the social ills and, in the only goal of a profit abject , excites unhealthy appetites and the most morbid curiosity of the lower social classes, and I compare them with those worms that come out of putrefaction, the further increase their presence. "(6) With him was" the origin of the traditional theory that implicates additional incentives to crime that result from certain media, "says Pinatel (7)
Thereafter, began the study of the press as criminogenic factor. Soon after, he was also incorporated into the film under the great development which held thanks to technological advances. Within these parameters, in 1918, the famous American criminologist Maurice Parmelee, Ph. D., professor in philosophy and major universities in the country, said in his work entitled Criminology on " influence of tabloid newspapers in the so-called yellow, the propensity for crime alerts that provide for criminal acts. "(8)
these statements were also echoed in Peru, now accepted or rejected. In the first approach were, among others, Manuel Prada González-Ulloa, Francisco García Calderón Rey and the famous criminal lawyer and criminologist Mimbela Eduardo de los Santos, who sustained: "It is undeniable that the theory of imitation are truths almost Evening absolute relation to the crime. Hence, factors such as film and media criminology have significant impact on the offense. All Quiet on the offense was imitated or copied by other criminals. "(9) In the second, lies the San Marcos professor and criminologist Oscar Miró Quesada of the war, saying that the press only exerted some influence on the predisposition of man to commit crime, however, the incidence was very "little thing" as the criminologist said after Stephan Hurwitz, a professor at the University of Copenhagen in his powerful study, "La presse et la criminalité." (10)
Therefore, until end of the 70 positions had two issue or found: 1. The direct cause, which is traditional and part with Lombroso and has continued to assert itself information that violence is a criminogenic factor, which acceded Pinatel, Drapkin, Joseph Klapper, Albert Bandura, Leonard Berkowitz, Jean Chazal, Jose Lopez Riocerezo; Armand Mattelari, Herbert Schiller, Fernando Tocora, among others. 2. The cathartic action, based on psychoanalytic theory that defends the position that information only produces more violence cathartic effect (release) and no generator of violence.
But then came a third ethical. 3. The responsibility, which requires ethical behavior from the press or media information violent content, preservation of function or purpose thereof. Was supported by the Jesuit priest Tony Mifsud, SJ, in his study "The media (or conflict? Social." Coming from Reality, is a self, I argue that held him responsible press interested in "promoting and maintain compliance with high ethical standards which invariably should regulate the national press, "according to the principles of the Peruvian Press Council (11).

communication technology
While it is true that in the late eighteenth century, British jurist and politician Edmund Burke called the press "fourth power" it is also true that this power is continuing and has been studying the theory of communication.
was called "Chicago School" was originally promoted by the communicator Paul F. Lazarsfeld, who gave consistency to the group of empirical research in the Bureau of Applied Social Research at Columbia University and strengthened the Mass Communication Research. The consolidated Professor Wilber Schram, who provided the communication process (a source, a message and a destination) and the existence of feedback or feed-back. In 1956 he was determined that the influence of mass media was not so decisive in accordance with the results of the study by sociologist U.S. and broadcaster Dennis Mc Quail (12)
On the other hand, Germany had emerged the "Frankfurt School" with Theodor Adorno and Herbert Marcuse and subsequently incorporated Jürgen Habermas. She was devoted to study mass communication or mass and concluded that the mass media served to alienate the man to encourage the culture industry, and advertising propaganda for consumerism of ideas and products, respectively. Concluding that there was influence of the communication behavior of the receiver.
Faced with these two opposing positions emerged third made by the social psychologist Melvin De Fleur, who sustainability in two theories: 1. Of individual differences, noting that all human beings are different according to our psychological makeup, taking into account the "level of attention and perception." 2. Cultural norms, stating that "individual behavior is usually guided by cultural norms (or actor prints of what are the rules) for an idea or situation." (13)
In particular, De Fleur concluded that "the media can influence" in the audience that is not uniform and can be manipulated or influenced in terms of individual differences and cultural norms in the following aspects: i) reinforce existing patterns, ii) create new shared convictions about lesser-known songs by the receiver, and iii) Change existing standards when they are not well established. Without doubt it was decisive to the extent that information dissemination becomes consistently generating the changes sought by the issuer to varying degrees in the receiver according to his intellectual and moral quality, having both the advantages of communication technology: the issuer has favor the impact and replication, while the receiver has the zaping and variety of programs.

PSYCHOLOGY OF VIOLENCE
To formulate a psychological theory of violence has had on human aggression, personality and the causes of their achievement. As for the psychological theories of human aggression, as writers John Darley, Sam Glucksberg and Ronald Kinchla, "originally part of theories of learning and conditioning. They were then extended by the prospect of Albert Bandura's social learning and others who recognized that many of the aggressive acts are learned through observation. "(14)
Indeed, Bandura provided valuable research with the existence of observational learning and has therefore been included in the "theory of direct cause" of the influence of press as a criminogenic factor or generator of violence in Criminology, as the eminent criminologist says professor Alejandro Solis Espinoza. (15) However, there are other positions, however, the truth is that reality has given reason to Bandura, especially when one's "communication theory" gives such importance to the media. SOCIOLOGY AND VIOLENCE


is no doubt that sociology is to study the social reality. And this is to explain the nature and relationships that it creates. It calls for a description and analysis to understand social reality. On the subject of the influence of information there are many theories, however, in short, sociologists of the media have found that "the spread of mass media is highly correlated with various indices of development: literacy, urbanization, per capita income, etc ... that in developed countries there is a close relationship between mass media use and attitudes, behavior, and the information held about social change ", says Mark Quail. (16)


RESEARCH OBJECTIVES The overall objective was to assess the media coverage generated terrorist violence during the years 1980 to 1990. Specific objectives
were: i) establish whether the review of facts apologetic influenced the amount of terrorist violence from 1980 to 1990. ii) establish whether the side effects of apologetic actions influenced the amount of news on terrorist violence in the period. iii) establish whether the content analysis of the various acts of terrorist violence adversely affected the media during the years 1980 to 1990. iv) Whether the information of terrorist violence exerted a major media in the media during the years 1980 to 1990. v) Determine whether the backlash of State influence information on terrorist activities through the mass media were not the cause or origin of the increase during the years 1980 to 1990. CONCLUSIONS


1. It was established that the review of facts apologetic influenced the amount of terrorist violence from 1980 to 1990.
2. It was established that the side effects of apologetic actions influenced the amount of news about the terrorist violence of the years 1980 to 1990. 3. It was determined that the content analysis of the various acts of terrorist violence adversely affected the media during the years 1980 to 1990.
4. It was determined that the factual information of terrorist violence in media exerted a major media during the years 1980 to 1990.
5. It was established that the violent reaction of the State influenced the information of terrorist activities through the mass media, however, were not the cause or origin of the increase in violent acts during the years 1980 to 1990.
Finally, as a general conclusion, it was established that the media coverage was established in generating factor of more terrorist violence during the years 1980 to 1990.


RECOMMENDATIONS 1. Promote and achieve an agreement between the owners and / or directors of the media to set limits on the information on terrorist violence or not, control or censorship by clearly marked in codes of ethics, with the main purpose to avoid being sounding boards for illegal acts that give any importance or prominence to the authors, to instil terror , plunged in anxiety or create instability in certain orders, political, economic and / or social. In this vein, including the alarming economic information generated and is classified as economic terrorism.
2. Tending to raise the cultural levels of the popular segments C, D and E, in order to enrich their individual differences and have greater social self with strong ethical and moral formation, rich in values, such as the cult of truth, responsibility, fairness and solidarity, allowing them to reject and repudiate violence information and, consequently, the acts of terrorist violence. This will create a culture for peace, which can be enhanced by feelings of solidarity and social justice. ----------------

(1) Pinatel, Jean. Criminology, Volume III in the Treaty on Criminal Law and Criminology and Jean Pierre Bouzat Pinatel, second edition, Universidad Central de Venezuela, Faculty of Law, Caracas, 1974, 761 pp.
(2) Drapkin, Israel. Criminology of Violence, Ediciones Depalma, Buenos Aires, 1984, 138 pp.
(3) Mujica, Héctor. The Empire of the news. Caracas. Editions of the Library of the Universidad Central de Venezuela, 1967. p. 29.
(4) DEL SOLAR, José Francisco. "Criminology and terrorism" in the Journal of the Forum, the CAL-Year LXXIV No. 2, July-December 1987.pp. 169-186.
(5) Pinatel, Jean. Op. p. 169.
(6) Lombroso, Cesare. Theory of the born criminal. 1899. p. 252.
(7) Pinatel, Jean. Op. p. 169.
(8) Parmelee, Maurice. Criminology. Madrid. Editorial Reus SA 1925. p. 126.
(9) Mimbela DE LOS SANTOS, Eduardo. Criminology. UNMSM. Lima. 1988. p. 164.
(10) HURWITZ, Stephan. Criminology. Barcelona. Ediciones Ariel. 1956. 186-191.
(11) STATEMENT publications appearing in the leading newspapers of 11.29.1996.
(12) MC QUAIL, Dennis. Influences and effects of mass media. Fondo de Cultura Economica. Mexico. 1981. p. 87.
(13) DE FLEUR, Melvin. Theory of Mass Communication. Polity Press. Buenos Aires. 1975. p. 180.
(14) AA.VV. Psychology. Princeton University. Fourth edition. Prentice-Hall Hispano SA Mexico 1990. p. 763.
(15) ESPINOZA Solis, Alejandro. Criminology. Contemporary landscape. Lima. Book Publishers and Distributors EDDILIS.A. 1986. p. 136 et seq.
(16) MC QUAIL, Dennis. Sociology of mass media. Paris. Gram Editions Mont SA 1973. p. 111. HISTORY

Free Plans For A Offroad Buggy

Las Cortes de Cádiz and Freemasonry

Las Cortes de Cádiz and Freemasonry

(Posted in Law No. 267 of September 8, 2009)

The illustrious brother Mason, lawyer, politician and poet Peruvian José Gálvez Barrenechea (Tarma 1885-Lima 1957), wrote "Independence was the work of masons and were all, almost everyone you know and revere your fathers country, and among them, as you'll discover later, even priests was" (... ) "Masonry served beautifully to the work of freedom. "(1) The absolute truth has always been overlooked by historians officers, officials and, especially, by the dogmatic Catholic masters of their own fears have not wanted to deal with this issue scientifically, regardless of favoring or not Masonry. Masonic Presence


Without prejudice to the above stated, we can cite the English Jorge Blaschke and James River, a noted journalist and prominent brother Mason, respectively, who say: "The Masonic presence was evident in the Cortes of Cadiz, of which Masons were part renowned, as Augustine of Argüelles and Antonio Alcalá Galiano. "(2) In fact, it was. To confirm this assertion, it suffices to recall the origin, establishment, development and achievements of this great assembly constituent constitutionalised liberalism and imposed, in part, the three fundamental principles of Freemasonry: liberty, equality and fraternity. Let's see.
In fact, the first two as natural rights (iusnaturalis), where God (G:. A:. D:. U:.) Has created man and gave him full liberty, so that Freemasonry is the enemy of slavery and tyranny (outside the system of government, monarchy now, now Republic). The third approach is universal union of men through tolerance and rationality, ie true friendship among men regardless of their contrary religious or political ideas, making possible the formation of a fraternal chain. It is true that this is not fully achieved, however, was legally and formally start Masonic development in Spain.
In sum, the Masons had collected from the Encyclopedists and political thinkers of that time, many of them brother Masons, the ideal of promoting the concept of sovereignty of the people in those nations where there was absolutism, dictatorship and intolerance. In this vein, for Freemasonry sovereignty was "the right of the people to enact laws and establish the form of government that best suits the interests of society. "That was their north and purpose in the late eighteenth and early nineteenth centuries. That was his contribution to the independence of the thirteen Anglo-American colonies in the French Revolution, the struggle of the Hispanic kingdoms for their freedom and the stubborn resistance of the liberal English Spain to build a modern, independent of France, a monarchy favors constitutional fundamental human rights.

Origin of Cortes de Cádiz
's in the will of the English patriots, the pair of rejecting the Constitution of Bayonne of Charter 1809-sponsored by Napoleon to which Spain has a fundamental law of a liberal- also sought a constitutional solution to the political crisis in the peninsula against the invasion of France in 1808. While the "Gallic" are accommodated with the Napoleonic armies, liberal patriots and royalists were revealed in operating the Governing Board, created by King Ferdinand VII, prisoner before leaving Valencay (France). In this way, "the king wanted" returned "legitimate" power to the people, represented in the Board. Undoubtedly, this will ensure the legitimacy of power.
In this context, the "Provincial Board" decided to create a "Central Board", consisting of 35 members. This began to sit in Aranjuez, on 09/25/1808, under the chairmanship of the older brother Mason, and Conde de Floridablanca (José Moniga and Redondo, 1728-1808), who acted legally and fidelity. There, died this distinguished politician who had initiated at large in the Age of Enlightenment. Beside him, in his last moments was his close friend and brother Mason, despite the age difference, Lord Holland, the celebrated Henry Richard Vassal Fox, ... third Baron Holland (1773-1840), brother Mason York, seen above.
The Central Board members demanded the convening of Parliament, so the corresponding decree was issued (22-05-1809) and was sent to the viceroys to elect their representatives. Moreover, the 8-06, the same year, the Board established a "Commission on Courts" which although was chaired by the Archbishop of Laodicea, Juan Delgado Acisclo Vera and is no less true that it was composed of five members, of which Mason was a notorious brother, the Spaniard Gaspar Melchor de Jovellanos. This committee, in turn, appointed other, which came to involve other illustrious brother Masons, as Augustine of Argüelles Álvarez, José Blanco-White, etc.
other words less words, the fact was that De Jovellanos became conspicuous by his talent the leader of the "realists" and his opinion was highly regarded and respected. The Spaniard celebrated as a good "Anglophile", copied the British model of the two chambers-type estates, and the most absolute respect for fundamental rights, representation incorporation of new cities and towns in Parliament, making room for the people of Latin America, etc.. In particular, we can say that the position of Asturias De Jovellanos was undoubtedly Aguna, pro-American in his position clear realistic.
Gaspar Melchor's position, no doubt, there was present the influence of Lord Holland - triumphed in the bosom of the Board Central, which, by decree of 29.01.1810, convened the meeting of General and Special Courts, composed of two chambers, for 1-03, the same year. By then, the Board had moved from Seville to Isla de León, opposite the port of Cadiz. The decree of the call was written by the same De Jovellanos. On 31/01/1810, the Board established a "Council of Regency" that he transferred all his power and authority of government without any limitation and, consequently, decided to dissolve itself. Without doubt, resulted in illegitimacy but its decision was legal, as we have seen above. This was the cornerstone on which relied on government boards Caracas and Buenos Aires, the requirement that such legitimacy is the people's "popular sovereignty" and that it was illegitimate transfer of power from the Board to the Council of Regency. In short, had distorted the legitimacy that the king had granted to the Board and it had committed the crime or dissolve itself error.
In this context, the 14/02/1810, the Council of Regency sent American viceroyalties proclamation convening and inviting councils in each capital to elect their representatives, in a trio, and be elected by ballot. These elections were conducted only in Mexico, Central America and Peru. As was questioned in some realms Hispanic and primarily rejected first by the Supreme Board of Governors of Caracas, and then by the Buenos Aires, also seen above.
Unfortunately, shortly after the Council of Regency officials did not find the decree of 01/29/1810, and when people gathered in Parliament, did so in a single chamber. This strong and deeply resented De Jovellanos, who publicly denounced the mysterious fact. The aforementioned decree bid announcement recently appeared in October 1810 (3) As noted by the eminent English jurist and historian Joaquín Varela constitutional Suanzes-Carpegna.

First meeting of the Cortes
On 24/09/1810, met for the first time, 104 Members in General and Extraordinary Cortes in Cadiz, the Andalusian port protected by the powerful British squad. After a year and a half, 03.19.1812, 184 signed the adoption of the Constitution. And a year and a half later, on 14.09.1813, 220 signed the minutes of dissolution. Of this total, the jurist and historian of Peruvian law, Juan Vicente Ugarte del Pino (Lima, b. 1923), notes that Americans were 49 members. Nine of whom recorded their origin in the Viceroyalty of New Castile (Peru): lawyers and Masonic brothers Vicente and Ramon Morales and Duarez Olaguer Feliu (born in Chile), the canon Ostolaza Blas, the real blood Cuzco Inca Dionisio Yupanqui, Antonio Suazo, José Lorenzo Bermudez, Pedro García Coronel, Francisco Salazar and Jose Antonio Navarro, who was secretary of the Courts. (4) Incidentally, Ugarte del Pino made a great contribution to the historiography of Peru's constitutional right to note the amount of nine fellow members who participated in this great assembly, given that, before him, all writers indicated that Peruvians were only five deputies in the Cortes de Cádiz (Vid. Law No. 241 of 10.03.2009).
Discussions were intense and deep. Surfaced doctrine, legal philosophy, political history, reality and suffering of the peoples of the both sides of the Atlantic-Hispanic-Americans, as were the subject of deeper analysis, the correct interpretation and conviction to legislate in favor of them, under the influence of natural law, freedom and equality. In this cultural background, the children of light, the brother Masons, as the Conde de Toreno, de Argüelles, were teachers and yet his intellectual superiority and training, awarded, by the very nature Masonic some aspects that go hand in hand with the "intolerance" as the recognition of Catholicism as the only and official of the state (monarchy), in order not to hurt "the feeling traditional religion of the English people, however, much progress was made to approve the fundamental rights which, no doubt, laid the cornerstone of Latin American freedom.
In this context, we point out that the Constitutional Commission of the Parliament, responsible for drafting the "Constitution of the English Monarchy" was based on it prepared by the Central Board, in other words, produced by De Jovellanos. It was established on 03.02.1811 and was composed of 15 members. Among them, the Spaniard flashed Argüelles and Peruvian Lima lawyer and brother Mason, Vicente Morales and Duarez (Lima 1757-Cadiz, Spain 1812. Vid. Law No. 75 of 06.12.2005), who came to exercise the vice presidency and presidency of the Courts, between 1811-1812.
Masonry and liberalism were stronger and more united than ever in the development of the English Constitution of 1812, also known as Constitution of Cadiz, Cadiz Constitution, characterized by being a "real Constitution, liberal and revolutionary." For example, by the way, Morales and Duarez promoted equal treatment of Indians and mestizos, halves suppression motion proposed by the deputy and brother Mason Guayaquil José Joaquín de Olmedo Maruri (1780-1847) and approved the 12-08-1812), freedom of the press (Decree of 10/10/1810 and enshrined in Article 312 of the Constitution), by which established the right to print without prior restraint (censorship) of any kind and was subject only to legal liability of print.

British Masonry Failure
However, it should be noted that, despite Lord Holland and de Argüelles, the "most prominent members of the Cortes of Cadiz did not follow the British constitutional path, but they had drawn the French revolutionaries 1791. "(5) No doubt this was considered a partial failure of the British Masonry (York), inviting further temperance and moderation, and the preeminence of a constitutional monarchy with an estate society (Position "Jovellanos") While Scottish Freemasonry, more French influence, became more and more revolutionary, more radical, more liberal. She was a member of the Conde de Toreno, who fervently and strongly defended "the ideas of nature and state of incorporation or the natural rights theory of checks and balances, which were liked by most members of Courts ", as rightly pointed Varela Suanzes-Carpegna.
is obvious that this author does not mention the Masons and their relationship the Cortes of Cadiz, however, the fact is that two separate Masonic groups had logial activity, ie work in workshops. Those who were under the jurisdiction and influence of the Supreme Council of England met at "Grand Chapter", while the dependent or linked to the ritual "Ancient and Accepted Scottish," they did in "Philosophical Council." However, both the beginning and the end of the work in the "workshop", both made it to the strains of "Masonic Cantatas," as the "Day of the lodge or Gesellenreise", "Joy Maurerfreude Masonic or Die" or "The praise of friendship." Important works such as the Masonic opera "The Magic Flute", which is the great teacher of composition or creation brother Mason Austrian Wolfgang Amadeus Mozart, 1756-1791). Masonic
This distinction-not-call difference was concern the Venezuelan De Miranda, so precisely intended to overcome with the creation of his three Grand Lodges-American Meeting, Knights Rational and Lautaro ", bringing together brothers Masons two separate rites, rule of patriotism and dedication in the struggle for independence. Situation that obviously failed, given that he himself was the victim of temperaments incubated in both rites (De Miranda vs. De Bolívar). This, undoubtedly, was also evident in the American liberators and brother Masons: San Martín De Matos (York) and de Bolívar y Palacios (Scottish), whose difference was present in the "Interview of Guayaquil" (26 and 27-07-1822), as we shall see below, and in due course.
Mutatis mutandis, this distinction had its own effect on the final achievement of American independence, that is, in Peru. Claims that do under some testimonies collected by our uncle, lawyer and politician, Pedro del Solar Gaváz Alexandria (Lima 1829-1909), when he traveled to Europe 1878 and ratified in 1892, in his capacity as ambassador of Peru in Spain and first vice president (1890-1894).
Specifically, between Masonic contributions to the Constitution of Cadiz, can be identified as follows: fundamental rights, both civil and political, who consecrated the first Constitution of France (1791), however, without a specific chapter to them, Given that the deputies did not want doceañista were called "French style." This Charter, specifically in regard to these rights, also known as first generation human rights, had the support of the Declaration of Rights of Man and Citizen (1789). Declaration took the liberty, equality and fraternity as a banner of the French Revolution and the republic, as a new system of popular and democratic government. Where, obviously, was Scottish Masonic influence. The representation of this important fact was subsequently captured by the English painter Salvador historicist Viniegra y Lasso de la Vega (1862-1915), born in Cadiz, and his painting titled "The promulgation of the Constitution of 1812" (Museum Cadiz City).
However, jealousy and animosity against Freemasonry reborn again. Near the end of approval Cadieux Charter (19-03-1812), extreme conservative deputies promoted an agreement to ban Freemasonry in Spain and their kingdoms, given that the Scottish Rite had been drinking too much importance, along with Creole or English Americans in peninsula. Approved the motion, "the Council of Regency of Spain and the Indies, temporarily authorized by the General and Special Courts, the Masons decided to pursue regardless of rank or privilege of any kind. It did so by Order of 19/01/1812, signed by Pedro de Agar and Silvestre Collar. (6)
Anything else, historical coincidence or causality criminal as a result of this situation, was almost three months after the order allegedly poisoned died Peruvian brother Mason and president of the Cortes, and Duarez Morales (02/04/1812).

Term of Cadiz Constitution
The Constitution of Cadiz was valid until 04/05/1814, when King Ferdinand VII, the ignored and the more absolutist said: "I am the Constitution." It was a blow to the Liberals and Masons, who immediately, were persecuted and imprisoned. One of them was the famous English jurist and Judge José María Calatrava (1780-1846). Others died in the dungeons or prisons Court restored Holy Inquisition (Decree 24/05/1814). Hence, this evil king passed the "desired" to "rejected."
Among other famous brother Masons who died shackled, in addition to General de Miranda, Lima found the lawyer and elected Member of Parliament, José Javier Leandro Baquijano and Carrillo de Córdoba (Lima 1751-Sevilla, Spain 1817. Vid. Law No. 124, of 22-12-2006) and the Peruvian lawyer born in Chile, Ramón Olaguer Feliu, who as deputy to Cortes, was a member of the committee to welcome the arrival of Ferdinand VII of Spain, which had been recently released by Napoleon. The king received the commission and, shortly thereafter, ordered deputies to apprehend. Olaguer was unfairly tried and sentenced to eight years' imprisonment in the castle from the town. Died there, ignored and forgotten. Consequences


If it is true that the Constitution did not have much time Gaditana effective as we have noted, the fact remains that she forged in the crucible of freedom and in the hearts of men of good will, the firm conviction live under a constitutional legal order guaranteed to live and develop politically, socially and economically to all people within the royal regime to respect "fundamental rights of man and citizen." This honorable group of men was made up of liberals and freemasons, who stood out as intellectuals, politicians, soldiers and merchants, who identified themselves as "constitutional."
other words Words least one hand, they were the ones who promote and strengthen the ideals of freedom and autonomy of the kingdoms against the metropolis, without breaking the links with the English monarchy, following the originally proposed motions put forward in 1810, the relationship was altered by the American creoles with vengeful attitude, reactionary and authoritarian Fernando VII, to return to monarchical rule. And, on the other hand, the disappointment of the new elite who had fought for the return of the king, finally convinced that the observance and respect for the constitution was vital to live in peace and achieve progress and development of the Kingdom of Spain.
In fact, six years later, the military promoted peninsular liberals and freemasons 01/01/1820 revolution in Spain itself, and demanded that the re-implanted doceañista Charter, to which was granted by the monarch, against their will against the overwhelming victory of General Mason and brother Rafael del Riego y Nunez (1784-1823), as we have seen above. Unfortunately, this was only a constitutional and democratic spring (1820-1823), collected in the history of Spain as the "constitutional triennium, seen above.
Unfortunately for freedom, liberalism and Freemasonry, this short experience concluded with treason against Del Riego, and ordered his death by Ferdinand VII, who restored his despotic rule until 1833, which, obviously, is another subject. However, it is worth noting that the king issued the Royal Decree of 08/01/1824, in Sacedón, through which strictly banned in the kingdom and dominion of India all congregations of Freemasons and other secret societies.
The basis of this standard and earlier was in the "Report of the King, 12/06/1823, before the Crown Council, which stated that "a major cause of the revolution in Spain and America, and the most effective of the springs that were used to carry it out had been the secret societies which were under different names introduced some time now between us, frustrating the government surveillance, and acquiring a degree of malignancy, ignoring even in countries where they had their original source "(7) -----------


-------------- (1) Galvez Barrenechea, José. "These terrible Masons" in magazine "Fraternity", special edition of the Grand Lodge of Peru, Lima, 1996, pp. 30 to 32.
(2) Blasch, Jorge and RIO, Santiago. The true story of the Masons. Editorial Planeta. Barcelona, \u200b\u200bSpain. 2006, p. 185.
(3) SUANZES-CARPEGNA VARELA, Joaquín. Three essays on constitutional history. Universidad Inca Garcilaso de la Vega. Rector's Cuadrenos No. 12. Lima. 2008. p. 82 et seq.
(4) PINE Ugarte, Juan Vicente. History of the Constitutions of Peru. Editorial Andina SA, Lima. 1978. pp. 29-30.
(5) SUANZES-CARPEGNA VARELA, Joaquín. Op. p. 130.
(6) NATIONAL ARCHIVES OF COLOMBIA. Bogotá. Volume XXXVIII. Royal Decrees and Orders. File. Annex, page 313.
(7) Carnicelli, Américo. Masonry American independence in 1810-1830. Two volumes. Bogotá. Colombia. 1970. Volume II, p. 45.

Monroe Shower Curtain

Apostille on the criminal trial against

Posted in Law No. 264, August 18, 2009
................... HISTORY



Apostille on the criminal trial against
Leguía FRANCISCO JOSE DEL SOLAR

Lawyer PUCP and U. Central de Venezuela (UCV)
Graduate in Law, History and Communication Sciences
Professor of History of Law in
UIGV

In Law No. 223 of 11.4.2008, wrote the article "criminal trial against Leguía ", on which we need today and / or rectify some statements that are critical for a true story, objective and clear, to the greatest extent possible. This we do with the widest appreciation for two important reasons, vital to us. One, for spiritual and moral, which requires no further explanation. Another scientific rigor, as we subscribe to the history and social science (School of the Annals), and as such, adhere to the revisionist trend, with the sole purpose of shifting the romantic history, literature, adapted to the interests of dominant groups in the different stages of our national history, under the two prevailing oligarchy, both military and economic, ergo, officer, official or unofficial harms in the construction of a real and true history and national identity. Domingo Garcia Belaunde


teacher recognized constitutional law scholar as restless as the philosophy of legal history, and unique friend. It was our professor in the Faculty of Law at the Pontificia Universidad Catolica del Peru. (PUCP) and permanently guide yesterday, today and tomorrow ", so we kept the utmost respect, consideration and admiration for his intelligence, selflessness, generosity, integrity, loyalty, friendship, humility that makes him great- and other values \u200b\u200bthat their parents-honorable distinguished jurist Domingo García Rada (Lima 1912-1994) and Belaunde Mercedes Irigoyen-planted in him.
Well, in this context, Domingo García Belaunde (Lima, n. 1944), read, constantly, what his former students produce ("Dear Paco: As usual, I read your interesting reviews ....") . Thus was worried about the article today Apostille through the exchange of knowledge and endless dialogue we have from our stay in the old halls of the Casa Riva Aguero, where law-PUCP worked, until the earthquake of 1973 (Law N Vid. ° 207 of 15.07.2008). DIED WITHOUT

Leguia SENTENCING
This statement attracted much attention to Sunday, so began a review work on the subject. Began with the classic and traditional lawyer and historian of the Republic, Jorge Basadre Grohmann (1903-Lima Tacna 1980). There he found the decision of the Second Chamber of the National Sanction Court issued on January 7, 1931, with insightful comments. (1) Insider dealing and of great importance given by our "great and unique history of the Republic." This is because other historians record a specific vacuum on the subject of the sentence Leguia. Actually this statement is not criminal, custodial, financial compensation but the State and obviously moral.
As we affirm, like most legal historians-that Leguia had died without being convicted, according to what he told us-in chat, for the 60 - our good friend, great lawyer and diplomat, Alfonso Benavides Correa ( Lima 1924-2005), Sunday was not satisfied with the information obtained, so he turned to colleagues worried about the legal history of criminal procedure. Among them, a judge specializing in Criminal, Eduardo Contreras Morosini, who is also a former student of Garcia Belaunde, and our classmate. He gave a tip that "Leguía itself had been condemned," promising to get a copy of the appropriate sentence. I claim that Sunday and were reported to revise and expand our investigations until we reached Eduardo copy of this procedural item.
In this vein, ratified in 2008, which Alfonso told us, when we read the pamphlet that he published in August 1952 under the heading "Leguia Don Augusto legal defense before the Court of Alfonso Benavides Loredo Penalty" . Indeed, Benavides Correa-child Leguía lawyer, Alfonso Loredo Benavides (Lima 1893-1939) - wrote this booklet in honor and memory of his father in order to clarify or amend certain ex-president's biographers, who erroneously claimed that Don Augusto lacked legal representation and without trial.
Undoubtedly, this statement went against the historical and legal right, given that Loredo Benavides defended suitability, integrity, courage and friendship to Leguia, reaching the point of being imprisoned for his courageous defense of the right to demand her rights and attended the trial and sick ex-president.
Well, to carefully reread the booklet mentioned above, we found that the very Benavides Correa said, then the existence of the conviction by the Court Sanction, but not of criminal sentencing in the criminal process, he was subsequently initiated or should incoársele Leguia, following encontrársele responsible for having "engaged in illicit enrichment" . But still, also, this decision never reached the convicted or his lawyer. Alfonso sought her constantly in both family and official records (Judicial and Archivo General de la Nación) and not found. Moreover, the case file had disappeared and only their hands on the "fake file" inherited from the documents left by his father.
any case, Leguía did have legal defense and was condemned morally and financially by the Second Chamber, as we shall see. Indeed, Alfonso said: "It should make clear that, Don Augusto B. Leguia was tried and convicted without any evidence substantiating the Second Chamber of the Court Sanction, ... "(p. 6). Emphasis added. But we insist that "there was no criminal conviction," died in prison in the hospital with a criminal trial interrupted by illness and neglect of his accusers and persecutors. DEFENSE
Leguia

From the Penitentiary, Augusto Bernardino Leguía and Salcedo, 10.30.1930, sent a letter to Benavides Loredo, as follows: "I urge to have a consultation with you and I would be grateful to me as soon as possible." And he did. From then until the death of former President (6-02-1932), this worthy and exemplary lawyer always served as an advocate and friend. So much so, that Leguia spoken through his counsel.
The Second Chamber of the National Court of Punishment, "formed with five members, appointed from among the chiefs and officers of the Army and Navy and two prosecutors of the Supreme Court, was responsible for prosecuting Leguía. The two prosecutors were appointed attorneys Carlos Zavala Loaiza (Lima 1882-1957) and Fernando Palacios Palacios, managers the classification of crimes, and whose performance, unfortunately, leaves much room for analysis, interpretation, comment and criticize in order to highlight the errors and horrors that were committed with the sole purpose of preventing abuses of this nature will never be repeated . Both justice and historical truth were tainted in the process, which (s) file (s) official (s) no (n) was (were) gone (s) to erase the evidence of crimes, abuse and disability both the judges and the then government headed by the commander dark Luis Miguel Sánchez Cerro.
But we will not repeat the questions, descriptions and abuses committed by members of this unlawful and illegal court created by Decree Law No. 7040, of 08.31.1930, 04.09.1930 and installed the operating rules and regulation by D. Law No. 6878, dated 09/09/1930 (Note that the numbering of the latter decree predates the origin gives birth). There are more, yet, by D. Law No. 6910, on 10/28/1930, created the two Chambers of the National Court Sanction.

JUDGEMENT OF THE COURTROOM SECOND PENALTY
The industrious, diligent and patient Morosini Contreras search led him to find the text reproduced the publication of the conviction by this court against Leguía. He sent it to Garcia Belaunde and he, in turn, us. This is the daily "Liberty", Year I, No. 113, p. 3. Lima, Thursday 08/01/1931. Returned immediately to review the issues of major newspapers of the date (El Peruano, El Comercio, La Cronica and La Prensa). Nothing found, even in El Peruano that "also" should publish this statement or comment of it, given the importance or political and moral significance of the process concluded. However, remember that by then there was no requirement to publish the statements in the gazette.
Indeed, Leguia was tried and sentenced by this court, on 07/01/1931, as stated Basadre. In all honesty, we-like Alfonso Benavides Correa, years before, we had searched for years and the vast majority of historians and iushistoriadores the unaware. Some military officers and lawyers of the 30 knew that there was this sentence, but no one testified to actually exist.

THE NATIONAL ARCHIVES
With copy-on-hand in the decision published in this little diary back to the Archivo General de la Nación. Some years earlier we had been there. Now we insist that something had to be on the process of the Court of Punishment or Leguía criminal trial that was cut short before his death.
Indeed, our previous visits to look specifically for these documents belonged, first to the 70's, during military rule, and then twenty years later in full autocratic administration limited research in this exhibition of the national memory. The recent find was exceptional and extremely polite, so we extend our appreciation to the officials and employees who assisted us. Could not be otherwise, we live a full and complete democracy, where no facility to investigate and is transparency in decisions and administrative actions.
In this vein, we provided everything that exists on the Court National Sanction. This is a book of records which have been copied or transcribed the few sentences handed down. The book is intact, almost new, gently used by both pre-and post-court or current-source research firm is not one of the members sentenced soldiers and sailors, only include the Secretary Juan F. Mendoza, testifying to what is written there. The files, according to re-inform, do not exist.
therefore emphasize and repeat there is only one book of sentences copied by the secretary. "Book of the National Court Sanction of 1931" which was kept under lock and key, whose first few pages contain these sentences and the rest, almost all of the book is blank. Incidentally, there could hear the sentences against the lawyers, on the one hand, an acquittal in favor of Peter M. Oliveira, prosecuted for illicit enrichment, dated 28.1.1931, declared the charges unfounded, free of responsibility and was ordered to lift the mortgage on your real estate. And, on the other hand, Jose Francisco Mariátegui conviction, former prefect of Lima, corresponding to 5/2/1931.


CONTENT OF JUDGEMENT first thing we did was to verify whether the copy in our possession had the same content of the transcript that appears in the book mentioned. Well, it was the same. Then had to be analyzed, following the advice of Sunday, since he seemed very poor. This does not instruct.
First, remember that the closing argument was Loredo 02/01/1831 Benavides, the same that was published in the newspaper El Comercio, the 01/06/1931. We will not insist on a fair and intelligent defense that he was emphasizing that he tore the judge, that the Court had no legitimacy to judge as I did on commission, it being prohibited by article 55 of the Constitution of 1919 etc.
Second, the ruling is dated 07/01/1931 and concludes: "In accordance with the opinion of Messrs. Fiscal BUGS whose foundations are reproduced on behalf of the Nation, and the criterion of consciousness that the law has given us, who have engaged in illicit enrichment Augusto B. Leguia, Augusto Leguia Leguía Swayne Swayne and John, look at twenty-five million gold soles the amount of monetary liability that jointly affect them, ordered their return to the state, whichever is possible, upon payment of the respective preferential loans; and establish that the accused will be financially responsible for the amount that is left unmet, we have taken out a certified copy of the documents that form the Annex "B", referring to the gambling house and tolerance, and explicit the Correctional Tribunal for the purposes of criminal proceedings in question, in harmony with the provisions in the latter part of Article thirty-seven of the Statute-Law, and pass this file and send attachments along with their claims submitted by creditors, the first room of the Supreme Court, for the purposes of Article thirty-seven, first part. Carlos Augusto Pásara, Manuel A. Sotil, Henry F. Maura, Daniel Desmaisson; Alberto Panizo S., John F. Mendoza. Secretary. "(...) CERTIFY that the vote of Mr. Vowels, Captains Panizo Desmaisson and is in every line, except as to the amount of illicit enrichment that the estimated fifty million gold soles Mendoza. Secretary. "


ANALYSIS First, there is the question: was sent or not criminal court record and the annexes, pursuant to the mandate of Article 37 of D. Law No. 6910, of 10/28/1930 (Statute of the Court of National Punishment): Issued and published the verdict on account of this procedure, refer the application, together with claims submitted by creditors to the First Chamber for it to execute the decision and ruling on the legitimacy or priority of claims "(...)" If in the course of the investigations undertaken to qualify enrichment, criminal elements have been discovered, the Second Board, before making the referral referred to above, send out a certified copy of relevant parts and send it to criminal court for the purposes of criminal proceedings in question. "
Quite frankly we do not think so therefore not even started the "relevant criminal trial." It is true that Leguia and his sons were convicted "morally and economically," to return 25 million soles to the state and cancel the credit claims submitted by creditors, but the Court Sanction no national sentenced depriving him of his freedom because he could not do, given that judged by committee and, essentially, to teach economic content causes offense and administrative functional, being required to submit to criminal court processes aimed at condemning criminal with a prison sentence of deprivation of liberty. Thus, it must be clear that this sentence Leguía had no criminal.
Regarding the criminal process there are many doubts and questions: What happened and where the 600-page record of proceedings in the Court Sanction Loredo National Benavides met? Why there is no record that should open the Criminal Court from the Court of National Punishment? Indeed, and that it Basadre, says: "Missing analysis with detailed examination of the record of over six hundred pages that formed in the Court of Punishment and documents that can expand ... "There was a year
a month of hard Leguía bustle of attorney from the 7 - 01-1931 to 02/06/1932, to be known officially sanction Court of National and also the initiation of criminal proceedings. That is, from the date of the sentence that blew up the death of ex-president. Despite the denials, threats, assaults and arrests, the advocate is melted. There was no reading of this statement to Augusto Bernardino Leguía and Salcedo, nor was another sentence him to lose his freedom, however, died without the two, without trial or freedom.
-----( 1) BASADRE Grohmann, Jorge. History of the Republic of Peru (1822-1933). Published by El Comercio. Lima. December 2005. Volume 14. pp. 297-300.

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