Corrupción y sanción: Efectos de la muerte civil mediante inhabilitación en delitos funcionales del Perú

Abstract

Among the biggest social problems facing Peruvian
society is corruption, which destroys citizen confidence
and destabilizes the rule of law, manifesting itself from
small bribes to large frauds in public management. This
has generated the demand for more severe and exemplary
sanctions, including the so-called “civil death”, which
falls under the meaning of perpetual disqualification that
restricts the use of civil and political rights of officials
who have been convicted of acts of corruption during
their mandate. Under this premise, the following general
objective was formulated: to analyze the effectiveness of
the civil death penalty as a mechanism for punishing the
functional crimes of public servants in the Peruvian State.
The research adopts a qualitative approach at a descriptive
level, and with a hermeneutical technique, aimed at
analyzing the normative, doctrinal and comparative
framework on the application of disqualification with
special reference to Legislative Decree No. 1243. The
results show that this measure responds to a strong social
demand for greater firmness in the fight against corruption,
by preventing convicted officials from returning to public
office. It concludes by highlighting the importance of
conceiving civil death not only as an exemplary sanction
but as an instrument of social control that must be
applied under criteria of justice and rehabilitation.