Interpretation of Statutes at Peru
Interpretation of Statutes in Peru – Overview
Peru follows a civil law system rooted in continental European traditions, particularly influenced by Spanish and French legal principles. The interpretation of statutes is governed by the Political Constitution of Peru, the Civil Code, and other codified laws. Courts apply systematic and purposive methods to ensure the proper application of laws consistent with constitutional and societal values.
Legal Framework for Interpretation
Political Constitution of Peru (1993)
The supreme law.
All statutes and regulations must conform to the Constitution, including fundamental rights.
Civil Code of Peru
Contains provisions on interpretation of laws, including principles and methods.
Article 3 of the Civil Code specifically deals with interpretation.
Legislative Decree and Laws
Other laws provide procedural rules and detailed guidance on interpretation.
Judicial Decisions
While Peru follows civil law, judicial decisions, especially from the Supreme Court, influence interpretative approaches.
Principles of Statutory Interpretation
1. Literal (Textual) Interpretation
The primary method is to apply the clear and ordinary meaning of the text.
If the language is clear, courts apply it directly.
2. Systematic Interpretation
Laws must be interpreted in harmony with the entire legal system.
Ensures consistency with other statutes and legal principles.
3. Teleological (Purposive) Interpretation
Courts seek the purpose and objectives behind the statute, especially when the text is ambiguous.
Reflects the legislative intent and social values.
4. Historical Interpretation
Consideration of legislative history, preparatory works, and explanatory documents can assist in clarifying ambiguities.
5. Constitutional Interpretation
All interpretation must respect the Political Constitution and fundamental rights.
Conflicts between statutes and the Constitution lead to invalidation of the conflicting provisions.
Role of Courts and Precedents
Peru’s judiciary does not follow a formal precedent system but Supreme Court rulings carry significant persuasive authority.
Courts aim for uniformity and predictability by following established interpretations.
Use of Interpretation Aids
Preamble and titles of laws
Definitions and explanatory notes
Legislative history and parliamentary debates
Academic and doctrinal writings
Summary
Statutory interpretation in Peru is:
Guided by literal, systematic, purposive, historical, and constitutional principles
Rooted in the Political Constitution of Peru and Civil Code
Supported by judicial interpretations and legislative materials
Focused on applying the law in a way that respects legislative intent and constitutional norms
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