The protection of rights as a means of constitutional control and protection of the fundamental rights of the accused

Abstract

The present research aimed to describe the mechanisms for protecting fundamental rights of individuals in general, as well as the protection of the rights of the accused in the face of the actions of the Public Ministry and the National Police of Peru during the preliminary investigation stage through the procedural mechanism called "tutela de derechos". The methodology employed was a short original study, utilizing a qualitative thematic analysis design with a basic and phenomenological description. It is highlighted that the Peruvian constitution, as the supreme norm, has its own mechanisms aimed at the protection of rights, proposing two models: a) concentrated constitutional control exercised by the Constitutional Court, which ensures the validity of the constitution, and b) diffuse constitutional control exercised by ordinary judges, who are empowered to resolve cases by prioritizing the primacy of the constitutional norm. It is concluded that "tutela de derechos" is a mechanism of constitutional control, where the Preparatory Investigation Judge is responsible for safeguarding constitutional rights and rights recognized by the laws in the face of actions taken by the Public Ministry and/or the National Police of Peru during the preliminary and intermediate investigation stages, in the event of a direct accusation request, and/or requests that fulfill the functions of formalization, with the purpose of protecting the rights established in the laws and the constitution of the accused, as well as all parties involved in the process (victims and responsible third parties), in the event of violations of fundamental rights.