Extrajudicial recovery of state property in Peru: foundations, scope and effectiveness

Abstract

This study provides a dogmatic and practical analysis of the extrajudicial recovery of state property (REPE) as a mechanism that empowers and compels the State to recover its invaded or illegally occupied properties without a court order, with the assistance of the National Police of Peru. Based on the principle of administrative self-protection and an axiological foundation, the study examines and elucidates the main factors that influence its proper execution, such as its status as a prioritized mechanism for the recovery of state property, its objective scope of application, the lack of a maximum deadline for its execution, among others. Likewise, in the quantitative branch, applied research has been carried out, using a non-experimental design, with a longitudinal temporal dimension and an explanatory and descriptive scope, through which it has been verified that the entry into force of the REPE legal regime has generated a superlative increase in the recovery of state properties by the SBN at the national level in the period 2014- 2024. Finally, opportunities for improvement have been identified.