Demystifying myths: Economic analysis of double hearings in the Peruvian civil process

Abstract

Inside the Peruvian civil process, there are warranties that seek to protect the rights of the persons who come to it. Since these warranties are affirmed in the Peruvian Constitution and in international human rights treaties, they are considered as fundamental rights. One of them is the right to a second hearing. The present essay is a constructive critic of the principle of the right to appeal. The hypothesis consists in proving, through an economic analysis, that the second hearing does not play a role in our legal system.

Keywords

• Proceso civil peruano
• principio de doble instancia
• teorema de Coase
• principio de efectividad de la tutela jurisdiccional
• principios de oralidad e inmediación