Police identity control and its impact on the right to personal freedom in Peru

Abstract

The purpose of the study was to analyze, from the experience and perception of judges and lawyers defending fundamental rights, the impact of police identity control against the right to personal freedom when the identity control mechanism is applied during the development of interventions in public places by law enforcement. The research approach was carried out from a qualitative methodological perspective with a thematic analysis design, with phenomenological and hermeneutic description and a hybrid method. The interview guide and documentary analysis were used as a tool for collecting information; the computer software ATLAS.ti, version 23, was used to process the data obtained. The findings showed that police identity control in the framework of comparative law and the current regulations of Peru is a legal instrument that contributes to citizen security and prevents the commission of crimes; However, its inadequate application, either due to the operator's lack of preparation or ignorance of the rules that regulate it, results in excesses that affect said right; The constitutional questioning of the legal tool is also highlighted in a more comprehensive vision.