Procedural and jurisdictional protection of the Constitution. Reflections on the unconstitutionality of repealed laws

Abstract

This research article reviews the procedural protection of the constitutional norm through constitutional processes, emphasizing its special characteristics, which differentiate them from ordinary processes, in order to analyze a modality of defense of the Constitution: the process of unconstitutionality against repealed norms that, despite not being in force in the Peruvian legal system, can still generate unconstitutionalities, infringe the constitutional norm and injure fundamental rights of the individual. This work focuses on differentiating between validity, invalidity, unconstitutionality and repeal in order to delimit the control of laws that have been repealed. This research has a qualitative approach, a grounded theory design, and a basic type of research; it uses documentary analysis and text review data collection techniques, which is mainly limited to doctrine, normative and jurisprudence; it concludes with final reflections.