A Peruvian man
Legislative Decree
No. 1377
THE PRESIDENT OF THE REPUBLIC
HOW MUCH:
That, the Congress of the Republic, through Law No. 308two3, has delegated to the Executive Power, for the period of sixty (60) calendar days, the power to legislate in the field of prevention and protection of people in situations of violence and vulnerability, in order to establish measures to optimize services in their favor;as well as strengthen the legal framework for the prevention and protection of victims of cases of sexual violation of minors, in accordance with the provisions of literals a) and b) of numeral 4 of article two of the aforementioned law;
That, article 3 of Legislative Decree No. 1098, Legislative Decree that approves the Law of Organization and Functions of the Ministry of Women and Vulnerable Populations, establishes that girls, boys and adolescents make up a vulnerable population;This is because of their age they face situations of helplessness, disadvantage or discrimination to meet their basic needs and make effective the exercise of their rights and freedoms, so they require measures that guarantee their protection and integral development;
That, the State must guarantee in all circumstances the right to identity and name of children and adolescents, enshrined in article two, subsection 1 of the Political Constitution of Peru, since in this way a firstrecognition of its existence and their status as a subject of rights;Therefore, it is necessary for adolescents to proceed the obtaining of the National Identity Document of the sons and daughters who have procreated;
That, on the other hand, it is confirmed that in the context of violence that seriously affects our society, the image of girls, boys and adolescents victims of these facts, or of their relatives, to avoid situations of helplessness andrisk for your life and personal integrity;
That, Legislative Decree No. 1two97, Legislative Decree for the Protection of Girls, Boys and Adolescents without parental or risk of losing them, regulates risk procedures and family deprotection in order to provide comprehensive protection to girls, boys and adolescentsthat are found in such situations, prioritizing their right to live, grow and develop as a family;However, it is necessary to improve the intervention of the Public Ministry in such procedures and expedite the process of publication of edicts, since the delay of this retards the possibility of adopting protection measures in timely and reasonable time;as well as optimize the performance of the municipal defenders of the child and adolescent - demunation in charge of local governments;
That, on the other hand, breach of the payment of eating pensions established in judicial sentences constitutes not only a contempt of the decisions of the Judiciary, but in certain cases configures a form of economic or patrimonial violence, in the terms indicated in theliteral d) of article 8 of Law No. 30364, Law to prevent, sanction and eradicate violence against women and members of the family group;Therefore, the State must take measures to force the immediate and priority payment of said pension;
In accordance with the provisions of literals a) and b) numeral 4 of article two of Law No. 308two3 and article 104 of the Political Constitution of Peru;
With the approval vote of the Council of Ministers;Y,
Charged to give an account to the Congress of the Republic;
Has given the following legislative decree:
Legislative Decree
That strengthens comprehensive protection
Of girls, boys and adolescents
Article 1.- Object
This legislative decree aimsFamily unprotection, their right to identity and name, the reservation of their identity and that of their relatives in cases of violence, as well as the prioritization in the payment of eating pensions determined in their favor in judicial sentences.
Article two.- Modification of the Civil Code
Modify articles 46, 361, 36two, 396 and 40two, subsection 6, of the Civil Code, approved by Legislative Decree No. two95, in the following terms:
«Article 46.- Capacity acquired by marriage or official title
The inability of people over sixteen (16) years ceases for marriage or for obtaining an official title authorizing them to exercise a profession or trade.
The capacity acquired by marriage is not lost due to the termination of this.
In the case of older fourteen (14) years, incapacity ceases from the birth of the son or daughter, to perform only the following acts:
1.Register the birth and recognize your sons and daughters.
two.Sue for pregnancy and childbirth expenses.
3.Demand and be part of the processes of possession, food and visits regime in favor of their sons and daughters.
4.Demand and be part of the extramarital affiliation processes of their sons and daughters.
5.Celebrate extrajudicial conciliations in favor of your sons and daughters.
6.Request your registration in the Single Identification Registry of Natural Persons, Process the Expedition and obtain your National Identity Document.
7.Judicially challenge paternity."
«Presumption of paternity
Article 361.- The child or daughter born during the marriage or within the three hundred (300) calendar days following his dissolution has as father the husband, unless the mother expressly declares the opposite."
«Presumption of marriage affiliation
Article 36two.- The son or daughter is presumed marriage, unless the mother expressly declares that she is not from the husband."
«Recognition of the extramarital son of married woman
Article 396.- Married woman's son or daughter can be recognized by her parent when the mother has expressly declared that she is not from her husband.This recognition can be made during birth registration when the mother and the parent go to the Civil Registry, or after the registration made only by the mother, when she has declared who the parent is.
It also proceeds when the husband had denied him and obtained a favorable sentence."
«Origin of the Judicial Declaration of Extramarital Paternity
Article 40two.- Extramarital paternity can be judicially declared:
(...)
6.When the parental link between the alleged father and the son or daughter is accredited through the DNA test or other genetic or scientific tests with the same or greater degree of certainty.The judge will dismiss the assumptions of the preceding subsections when a genetic test or another of scientific validity with equal or greater degree of certainty had been carried out."
Article 3.- Modificación de los artículos eleven y 48 del Decreto Legislativo Nº 1two97, Decreto Legislativo para la protección de niñas, niños y adolescentes sin cuidados parentales o en riesgo de perderlos
Incorporate literal g) to numeral eleven.4 del artículo eleven y modifíquese el artículo 48 del Decreto Legislativo Nº 1two97, Decreto Legislativo para la protección de niñas, niños y adolescentes sin cuidados parentales o en riesgo de perderlos, en los siguientes términos:
«Article eleven.- Functions of the authorities within the framework of this Law
They are functions of:
(...)
eleven.4 The Public Ministry, through specialized family or mixed prosecutors:
(...)
g) Comunicar las situaciones de riesgo o desprotección familiar a la autoridad competente en un plazo no mayor de two4 horas."
«Article 48.- Edict
If the family of origin of the girl, boy or adolescent is not located, we proceed to their search and location through the police station in the last address consigned and at the home that appears in the Reniec.In case they do not have known address, they are notified for a period of five (5) calendar days through edicts on the website of the Ministry of Women and vulnerable populations or in the mural of the municipality for the same term, when inThe place there is no Internet access.In the latter case, the competent authority may request the collaboration of the Ombudsman's Office, boy and adolescent-demunedict at your premises.The lack of communication to the demuna or dissemination of the edict by it, does not invalidate the notification made in the mural of the municipality.
The edicts include the name of the girl, boy or adolescent or the one that was assigned, date of birth, age or age, a synthesis of the circumstances in which it was found/or the names and surnames of the recipients of the recipients of theNotification, in case of knowing each other."
Article 4.- Modificación de los artículos 6, 4two, 43, 44, Four. Five, 46 y 47 del Código de los Niños y Adolescentes
Modifíquense los artículos 6, 4two, 43, 44, Four. Five, 46 y 47 del Código de los Niños y Adolescentes, aprobado mediante Ley Nº two7337, en los siguientes términos:
«Article 6.- To identity
6.1 The boy, girl and adolescent have the right to identity, which includes the right to have a name, to acquire a nationality and, as far as possible, to know their parents and take their last names.They also have the right to the integral development of their personality.
6.two Es obligación del Estado preservar la inscripción e identidad de los niños y adolescentes, sancionando a los responsables de su alteración, sustitución o privación ilegal, de conformidad con el Código Penal.
6.3 In the event that said alteration, replacement or deprivation occurs, the State will restore true identity through the most suitable mechanisms.
6.4 When a boy, girl or adolescent are involved as authors, participants or witnesses of an infraction, lack or crime or are victims of them, their identity or their image will not be published through the media.The prohibition extends to the father, mother, tutor or the people who live with him/her.The media have the obligation to guarantee the reservation of personal data and any information that allows them to identify them, unless, in the case of girls, boys and adolescents, there is a written authorization of parents or legal representatives, and provided thatDo not undermine your best interests."
«Chapter III
Girl, Boy and Adolescent Ombudsman
Article 4two.- Child, boy and adolescent Ombudsman
The Ombudsman's Office, Child and Adolescent is a free and specialized service that is part of the National Comprehensive Care System.It works in local governments, in public and private institutions and in civil society organizations, and its purpose is to contribute to the exercise of the rights of girls, boys and adolescents for their comprehensive protection, acting in accordance with the principles indicated in this Codeand other standards applicable in your favor.
Article 43.- Administrative instance
The Ombudsman's Office, boy and adolescent acts in the administrative instances of public and private institutions for girls, boys and adolescents.The MIMP, as a central authority, promotes, inscribes, leads, norm, coordinates and supervises this service, as well as trains its members.
When the Ombudsman's Office, boy and adolescent is in charge of a local government, is called the Municipal Defensoría of the girl, boy and adolescents.The local government is in charge of its implementation and support, guaranteeing the conditions required for the fulfillment of its functions.
In the case of the defenders of the girl, boy and adolescents promoted by other public entities, private entities or civil society organizations, these must provide the necessary conditions for the fulfillment of their functions.
Article 44.- Members of the defenders
The Municipal Ombudsman of the girl, boy and the adolescent - Demun is made up of professionals from various disciplines, of recognized moral solvency and trained to perform the functions of the service.The defenders promoted by other institutions or organizations can count on professionals or, when their possibilities do not allow it, they must be integrated at least by people in the community duly trained and accredited for the exercise of their function.
The members of the defenders can perform in said service as a responsible defender, defender, promoter or support personnel, and for this, they must meet the following conditions:
a) Be over 18 years old.
b) Do not register police, judicial or criminal records.
c) Not being a food debtor.
d) Having approved the training course for defenders.
Article Four. Five.- Functions
Four. Five.1 These are the functions of the defenders:
a) Promote or develop actions to prevent and care for situations of violation of the rights of girls, boys and adolescents to make their best interests and contribute to the strengthening of relationships with their family, and their communal and social environment.
b) Disseminate and inform about the rights and duties of girls, boys and adolescents.
c) Perform specialized extrajudicial conciliation without the need to become conciliation centers, issuing minutes that constitute an executive title in terms of food, possession and visits regime, provided that the same matters have not been resolved by judicial judicial instance.
d) Provide the opening of food consignment accounts derived from the conciliatory agreements that have been held.
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e) Promote the registration of births and request it in case of orphanage or family lack of protection, with knowledge of the competent authority.
f) Promote obtaining the National Identity Document, coordinating with the National Registry of Identification and Civil Status - RENIEC and the Civil Registry Offices of the Municipalities.
g) Promote the voluntary recognition of girls, boys and adolescents, and for this purpose they are empowered to prepare minutes of commitments provided that some of the parents request to record said voluntary recognition of extrajudicial filiation.
h) Communicate or denounce the alleged offenses, crimes or contraventions against girls, boys and adolescents, to the competent authorities.
i) Exercise procedural representation in food and affiliation processes, as established in the Civil Procedure Code.
j) Communicate to the competent authorities the situations of risk or family lack of protection that are of their knowledge.
Four. Five.two Las DEMUNA tienen como funciones adicionales las siguientes:
a) Intervene as a technical instance in disaster risk management at local levels in childhood and adolescence issues, as well as in emergency operating centers.
b) Act in the procedure for risk of family lack of protection, in accordance with the law on matter.
c) Collaborate in family deprotection procedures at the request of the competent authority.
Article 46.- Work in local networks
The defenders of the girl, boy and adolescent establish the mechanisms of coordination and cooperation at the local level, with other entities, for the fulfillment of their purpose.
Article 47.- Role of the Regional Government
The regional government articulates and promotes actions with the local government for the strengthening of the demuna, according to the regulatory framework of the service."
Article 5.- Modificación de los artículos 3, 4 y 7 a la Ley Nº two8970, Ley que crea el Registro de Deudores Alimentarios Morosos.
Modifíquense los artículos 3, 4 y 7 a la Ley Nº two8970, Ley que crea el Registro de Deudores Alimentarios Morosos, en los siguientes términos:
«Article 3.- Content of the Registry of Moors Food Debtors –redam-
The Moors food debtors record must contain the following information:
a) Complete names and surnames of the Mooring Food Debtor.
b) Real domicile of the Mooring Food Debtor.
c) Number of the National Identity Document or another that makes its times, of the Mooring Food Debtor.
d) Photograph of the Mooring Food Debtor.
e) Number of fees in partial or total default, amount of the pending obligation and interests until the date of communication.
f) Indication of the court that orders the registration."
«Article 4.- Process
4.1 The jurisdictional body that knows or knew the cause, ex officio or at the request of the party and prior to ordering the registration, notifies the food forced, to report within three (3) days the fulfillment of the debt.The judge orders registration in the same period if the debtor does not demonstrate the fulfillment of the debt or does not acquit the requirement.
4.two El deudor puede oponerse a la inscripción o solicitar la cancelación de la inscripción solo si acredita haber cumplido con el pago de la deuda alimentaria.This opposition or application can be formulated at any time and has the effect of the cancellation of registration.
4.3 In cases of family assistance omission, the criminal judge informs the data of the prosecuted person, for their corresponding registration, for their corresponding registration, for their corresponding registration.
4.4 When the opposition or cancellation of the registration is requested, the judge resolves the lifting of registration within a maximum period of three (3) days.
4.5 For the purposes of the registration or cancellation of registration in the registry, the judge must officiate to the governing body of the Judiciary within a period not exceeding three (3) days after resolving the issue.The governing body of the Judiciary makes the registration or cancellation within a maximum period of three (3) days."
«Article 7.- Duty of collaboration between state institutions
7.1 The Ministry of Labor and Employment Promotion, at the request of the Government Body of the Judiciary and within five (5) business days, sends the information of the electronic form that is relevant to current labor contracts, of the peopleregistered in the Redam, with the purpose of communicating to the corresponding courts, in the term of distance, so that they proceed according to their powers.
7.two La Superintendencia Nacional de los Registros Públicos, a pedido del Órgano de Gobierno del Poder Judicial, remite las listas de transferencias de bienes muebles o inmuebles registrables realizados por las personas inscritas en el REDAM, en un plazo de cinco (5) días hábiles.
7.3 The Bank of the Nation, in the cases that the eating pensions are paid in accounts administered by said entity, at the request of the Government Body of the Judiciary, sends the report of fertilizers made to the people registered in the REDAM, within a periodof five (5) business days.
7.4 The governing body of the Judiciary, at the end of each month, must refer to the entities indicated in the preceding numerals, the list of people registered in the REDAM, for the fulfillment of the information referral.
Article 6.- Incorporación del artículo 10 a la Ley Nº two8970, Ley que crea el Registro de Deudores Alimentarios Morosos
Incorpórese el artículo 10 a la Ley Nº two8970, Ley que crea el Registro de Deudores Alimentarios Morosos, en los siguientes términos:
«Article 10.- Payment of food debt and breach
10.1 The person registered in the Moorish Food Debtors Registry can postulate and access the civil service in the State, or be appointed trusted official or manager, or hire with the State, provided that the registration is canceled or authorized the discount by payroll or byAnother means of payment of the amount of the monthly pension set in the food process, prior to the subscription of the contract or the issuance of the corresponding designation resolution.
10.two La oficina de recursos humanos o la oficina de logística, según corresponda, o la que cumpla dichas funciones, comunica al REDAM la autorización de descuento, dentro del plazo de tres (3) días hábiles, bajo responsabilidad.The same office is responsible for processing the respective judicial deposit through the Treasury Office or the one that makes its times in the entity, unless otherwise provided by the competent court on the form of payment.
10.3 In the private sector, the authorization of the discount by payroll or by other means of payment of the amount of the monthly pension set in the food process is established by common agreement between the employer and the worker or the applicant, and the office ofHuman Resources or the one that fulfills these functions, inform the REDAM of the discount authorization, within the period of three (3) business days."
Article 7.- Refrendo
This Legislative Decree is endorsed by the President of the Council of Ministers, the Minister of Women and Vulnerable Populations, the Minister of Justice and Human Rights and the Minister of Labor and Employment Promotion.
Article 8.- Financing
The implementation of the provisions of this standard is financed by the institutional budget of the entities involved, without demanding additional resources to public treasury.
Complementary provisions
Finals
FIRST.- Complementary standards of the girl's, child and adolescent service.
By supreme decree, endorsed by the minister of women and vulnerable populations, within sixty (60) business days the regulation of the service of the defenders of the girl, boy and adolescent is approved.
SECOND.- Priority of compliance with food obligations.
Consider the fulfillment of food obligations of interest to the State, for which the entities involved implement the mechanisms that guarantee compliance with this law.
THIRD.- Obligation of semiannual verification of the REDAM
The Human Resources offices of public and private entities, or those that fulfill these functions, semiannually verify the registration of delinquent food debtors for the subscription or proposal for the subscription of the authorization to retention of the consideration or discount by the payroll of their remuneration of the remuneration of theworker, as the case may be, for the payment of the alimony that is pending.
In the case of the public sector, the refusal to subscribe the authorization is the cause of contract resolution, unless it demonstrates the cancellation in the aforementioned registration.
QUARTER.- Annual Report of the Judiciary
The Judiciary prepares an annual report detailing the actions carried out for compliance with this Legislative Decree, which must be sent to the Congress of the Republic and published on its institutional page.
Fifth.- Adecuación del Reglamento de la Ley Nº two8970
En un plazo no mayor a sesenta (60) días hábiles, mediante Decreto Supremo refrendado por el Minister of Justice and Human Rights y la Minister of Women and Vulnerable Populations, se aprueba la adecuación del Reglamento de la Ley Nº two8970, Ley que crea el Registro de Deudores Alimentarios Morosos, de acuerdo a lo señalado en el presente Decreto Legislativo.
Complementary disposition
Transient
ONLY.- Authorization for the retention or discount by payroll for the payment of the alimony of workers of the public and private sector
Within sixty (60) business days from the effectiveEntity proceeds to retention of the consideration or discount by the form of its remuneration, as the case may be, for the payment of the alimony that is pending, provided that it is verified that it appears registered in the Registry of Moors Moors.The refusal to subscribe authorization is the cause of contract resolution, unless demonstrating cancellation in the aforementioned registration.
Complementary provisions DEROGATORIAS
FIRST.- Derogation of article 404 of the Civil Code.
The Civil Code referred to the Paternity Judicial Declaration of the Casada Women's Son.
SECOND.- Derogatoria de la Ley Nº two7007
Derógase la Ley Nº two7007, Ley que faculta a las defensorías del niño y el adolescente a realizar conciliaciones extrajudiciales con título de ejecución.
SO:
Command is published and fulfilled, giving account to the Congress of the Republic.
Given in the Government House, in Lima, on the twenty -third day of the month of August of the year two thousand eighteen.
Martín Alberto Vizcarra Cornejo
Republic President
César Villanueva Arévalo
President of the Council of Ministers
Vicente Antonio Zeballos Salinas
Minister of Justice and Human Rights
Ana María Mendieta Trefogli
Minister of Women and Vulnerable Populations
Christian Sánchez Reyes
Minister of Labor and Employment Promotion
1684460-1
