La afectación al proyecto de vida como reparación.

Abstract

The Inter-American Court in 1998 is the first entity that contemplates the affectation of the life project as an element in the reparation of the violation of rights, within the Loayza Tamayo vs. Peru case. Developing a first statement about what this figure consists of and contemplating it within the intangible reparation, however, the development was not the most complete, because among other aspects, they could not quantify the reparation on the affectation to the life project. This figure has been integrated into the law in recent years, so it is difficult to deal with it, since there are problems when defining, identifying, quantifying and measuring the scope of the impact on the life project. Our legislation continues the development that the Inter-American Court began, where the affectation of the life project is part of the non-material reparation and that is embodied within the LOGJCC. The legal vacuum found in the law leads to the need to try to find a correct development, because it has complicated its use within the law. It is necessary for our legal system to be precise in affecting the life project, as it is an important element within comprehensive reparation. To solve this problem, the jurisprudence on the affectation of the life project by the CC must be further developed and bills created that cover the development of the problems that are around this element in our legislation.