The article analyzes the regulatory legal framework of the relationship between the Armed Forces and Congress, and the role of the Ministry of Defense. This analysis considers the cultural and political factors that make up this framework. The analysis concludes that the authority of the President of the Republic has been, and will continue to be an element of utmost relevance in the conformation of the standards that regulate the relationships of power, affecting the influence and authority of the Congress over the Armed Forces. Nevertheless, the study shows the existence of series of standards that allow for a fluid relationship between the Legislative Branch and the military, at least in terms of establishing information and communication channels for carrying out legislative oversight and investigation. These norms, however, limit the work of Congress in budgetary matters, and in the organization and composition of the military force. Finally, this article proposes to advance toward greater institutionalization of this relationship, strengthening the advisory function of the authorities called to participate in these, as well as creating procedures so that the Ministry of National Defense may participate effectively in this relationship.
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This article briefly describes the law as pertained to obligatory military service in Peru between 1823 and 2000. From there the author goes on to describe the recent reforms to obligatory service made by the Peruvian legislature. The author indicates that global changes in attitude toward obligatory service, as well as the changing situation in Peru were factors in the decision to overhaul the laws regarding obligatory service. The article discusses some of the particular changes made by the law, which took effect January 1, 2000, and indicates that, unlike the tendency in other countries, however, the Peruvian reform is not seeking to establish a completely professional military. Instead the new Peruvian model is one of a rotational volunteer service in which enlisted personnel would receive occupational training for their eventual, productive reincorporation into Peruvian society.
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