EFFECTS OF THE MINIMUM LIVING WAGE ON THE LABOR MARKET IN PERU
The above estimates of the measure of the impact of the MLW on employment can
be used to quantify the number of jobs that would be lost if the state decides to
increase the MLW by a certain percentage, which is shown in the table below:
TABLE 3: Simulation of MLW Effects on Employment
Assumptions: Scenario of increased MLW
3% 5% 10%
GDP (var %) 1/ 5.89 5.89 5.89
Employment (var %) 2/ 1.78 1.78 1.78
MLW (var %) 3.00 5.00 10.00
Employment elasticity -MLW -0.20 -0.20 -0.20
Effects in terms of employment (in thousands of people)
Employment generated by growth GDP 30.16 30.16 30.16
Jobs lost due to growth MLW -3.38 -5.63 -11.25
Net effect of MLW Y GDP 26.79 24.53 18.91
1 / Employment elasticity is assumed to be/GDP = 0,5.
2/ Total formal employment in companies with 10 or more employees = 700 mi
Source: self-made.
If the MLW is increased by 10%, from s/. 750 to s/. 825, and assuming that
there are no employment gains (and/or losses) due to increases in production, there
would be a loss of 11.25 thousand formal jobs in Metropolitan Lima.
If an increase in the MLW of 5%, from s/. 750 to s/. 787.5, and assuming that
there are no employment gains (and/or losses) due to increases in production, there
would be a loss of 5.63 thousand formal jobs in Metropolitan Lima.
The impact of a 3% increase in the MLW, from s/. 750 to s/. 772.5, and assum-
ing that there are no employment gains (and/or losses) due to increases in
production, would result in a loss of 3.38 thousand formal jobs in Metropolitan
Lima.
CONCLUSIONS
It is estimated that there is a negative relationship between minimum living
wage and employment in Perú during the period 2005-2015. The employment-
MVR elasticity is approximately -0.20. Likewise, the employment-product elas-
ticity turned out to have a positive effect (0.41 percent).
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Yessica Aro Huanacuni
The average monthly income of workers in Metropolitan Lima has grown at a
positive rate in recent years in Perú, according to age groups: 14 to 24 years old
(1082.5 S/. on average), 25 to 44 years old (1870.7 S/. on average), 45 to 64 years
old (2053.4 S/.) and 65 years old and over (1839.3 S/.). Likewise, there is an in-
creasing income gap between workers in companies: from 1 to 10 (1325.1 S/.),
from 11 to 50 (1954.1 S/) and 51 or more workers (2457.7 S/.), whether the work-
ers are men or women and the branch of economic activity to which the worker
belongs.
With respect to the behavior of employment in companies with 10 and more
workers in Perú, during the period 2005 - 2015, the following is detailed: the level
of education( primary with 22.8 and secondary with 43.9 percent), age groups (15
to 29 years old with 29.1 percent and 30 to 44 years old with 36.7 percent), branch
of economic activity (Non-personal services and Agriculture, livestock, forestry
and fishing), income range (500 to 999 soles per month) and according to gender
(Male) represented more than half of the labor mass in Perú. Therefore, it is con-
cluded that the monthly variation of employment in formal private companies with
10 or more workers had a positive behavior in recent years.
It is estimated that there is a positive relationship between the probability of
remaining employed and income ranges in a context of changes in the Minimum
Living Wage, June 2012. Therefore, it was found that the higher the income levels,
the higher the probability that workers maintain their employment is estimated to
be. The probability of an individual (14 to 25 years old) to be in the labor market
in Perú is 64.83% on average. The costs in terms of job loss before and after the
increase in the Minimum Living Wage were higher among the youngest workers.
BIBLIOGRAPHY REFERENCES
Céspedes, R. N. (Marzo de 2005). Efectos del Salario Mínimo en el Mercado. (D.
N. 003, Ed.) Working Paper series.
INEI. (2015). Ficha Técnica de Encuesta Permanente Empleo en Lima Metropo-
litana. Instituto Nacional de Estadistica e Informatica.
Maloney, W., & Nuñez, J. (2002). “Measuring the Impact of Minimum Wages Ev-
idence from Latin America”. N° publicado, Banco Mundial.
Mayorga, M. M., & Muñoz, S. E. (2000). La Técnica de datos de Panel: Una guia
para su uso e Interpretación. Departamento de Investigaciones económicas.
Ministerio de Trabajo y Promoción del Empleo. (2007). “Empleo y Demografía
en el Perú: efectos de la explosión demográfica sobre el mercado de trabajo”.
Boletin laboral N° 5.
200
EFFECTS OF THE MINIMUM LIVING WAGE ON THE LABOR MARKET IN PERU
Nuñez, M. (2004). Measuring the impact of minimum wages: Evidence from Latin
America. (Chicago, Ed.) Law and Employment, eds.
Saavedra, J., & Maruyama. (2000). “¿Crisis real o crisis de expectativas? El em-
pleo en el Perú antes y después de las reformas estructurales”. Grade,
Documento de trabajo 25.
Saavedra, J., & Torero. (2000). “Efectos del incremento de la Remuneración Mí-
nima Vital en el 2003 sobre los trabajadores dependientes de Lima
Metropolitana". manuscrito.
201
IMPACT OF THE LAVAJATO CASE (ODEBRECHT - PERU) ON THE
PRODUCTIVITY AND SERVICE LEVEL OF THE ROAD MANAGEMENT
AND CONSERVATION PROJECT BY SERVICE LEVELS OF THE ROAD
CORRIDOR PE-34H, PE-34I, PE-34V
Mamani Arraya, David Edison
ABSTRACT
The Infrastructure Projects that are executed in Peru, generate a positive impact in
the Area of Influence in which they are developed, at the level of well-being and
economic development. The Construction sector as a driving agent for the devel-
opment of the Regions and as a bridge to achieve the objectives of the State,
requires the attention and commitment of all the agents involved and of the interest
groups that allow the fulfillment of the Purpose of the Contracts. As is public
knowledge, cases of corruption related to the Brazilian Construction Company
Odebrecht “Lavajato Case” have been reported through the media, which have
generated political and economic instability in our Country. Currently in Peru,
There are Peruvian Construction Companies that, when linked to the Brazilian
Construction Company, are having many restrictions for the fulfillment of their
contractual obligations, generating discomfort in each of the users of the Area of
Influence of their Projects; Therefore, in this context, it is necessary to identify the
scope that the “Lavajato” case has generated in the Peruvian Construction Compa-
nies regarding their Productivity and Service Level of their Projects, as well as the
impacts caused by the cases of corruption that afflict the Country, for which a par-
ticular Project of a Peruvian Construction Company will be studied, to evaluate the
impacts generated by the aforementioned reasons according to the results obtained,
ensure decision-making at the managerial level that allow to strengthen the Produc-
tivity and the Service Level of a Project .
Keywords: Conservation, management, productivity, project, service.
INTRODUCTION
The modern world requires Infrastructure to develop its technology, as well as
to promote the integration of its States, so it is not difficult to identify the need to
build to promote the development of a Country, which allows it to close integration
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David Edison Mamani Arraya
gaps and sustainable development of its peoples. In our country, investment is re-
quired at the infrastructure level in all its components, the same ones that allow
promoting the economic and comprehensive development of each of its regions.
Therefore, having identified the need in the construction sector, it is imperative
to address and solve the country's problems regarding the lack of infrastructure
through the formulation and execution of Investment Projects, which are directed,
evaluated and monitored by the corresponding Ministries of the Peruvian State.
Faced with the boom in the construction sector in Peru, large-scale projects have
been carried out throughout the national territory, which have set precedents in
Peruvian Civil Engineering at the level of Road and Port Infrastructure, structures,
buildings, irrigation and other specialties of the construction sector.
To comply with the requirements and requests given by the construction sector
in our Country, many of the Projects tendered have been contracted within the
framework of the State Contracting Law and its respective Regulations, having as
one of the winners the most incidents and frequent, to the Brazilian Construction
Company Odebrecht, the same one that has carried out its operations in Peruvian
territory, through each of the Projects to which the aforementioned Construction
Company has been awarded; As a result of the preliminary and detailed investiga-
tions, the cases of corruption that occurred in Peru regarding the execution of
works carried out by Constructora Odebrecht have become publicly known
through the media, which caused economic damage to the State and that it is being
investigated by the corresponding authorities. Such was the impact that compro-
mised former Presidents of the Republic, as well as the Construction Companies
associated and / or linked to Odebrecht.
Therefore, in this context, it is known that many Peruvian construction com-
panies that are being linked to Odebrecht due to the “Lavajato” case currently
present serious and considerable restrictions for the fulfillment of their contractual
obligations, the same ones that are not allowing them to fulfill their obligations.
scope and are generating discomfort and disagreement in the users of the Area of
Influence of their Projects.
METHODOLOGY
From the Context of the Study Area
The Project of "Road Management and Conservation by Service Levels of the
Road Corridor: Juliaca - Putina - Sandia - San Juan - Alto Azata and Huancané -
Moho - Conima - Tilali - Border with Bolivia" is developed in the National Routes
PE-34H, PE-34I and PE-34V, the same ones that cross urban and rural areas that
make use of the Road Corridor as a whole. The Project in question was awarded
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IMPACT OF THE LAVAJATO CASE (ODEBRECHT - PERU) ON THE PRODUCTIVITY AND SERVICE LEVEL OF THE ROAD MANAGE-
MENT AND CONSERVATION PROJECT BY SERVICE LEVELS OF THE ROAD CORRIDOR PE-34H, PE-34I, PE-34V
by means of the Services Contract N ° 066-2016-MTC / 20 to the Peruvian Con-
structor "Ingenieros Civiles y Contractors Generales S.A." the same one that began
its operations in the aforementioned Road Corridor, on April 20, 2016.
Once public opinion regarding the cases of corruption generated by the Brazil-
ian Construction Company Odebrecht “Lavajato Case”, the Peruvian Company
that has been linked to the Brazilian Construction Company, has had restrictions
for the normal development of its activities and / or works scheduled, having re-
source limitations as well as financing for the continuity of the Project. Such has
been the conjunctural situation generated by the "Lavajato - Odebrecht Peru" case
that the population of each one of the communities that the Road Corridor crosses,
has manifested through stoppages their disagreement due to the paralyzed works
and limited progress of the Project, due to the financial restrictions caused by the
“Lavajato - Odebrecht Peru” case, generating losses in the Productivity and Ser-
vice Level of the Project.
Therefore, in the face of such national and regional reality of direct impact on
the Projects that are being executed in Peru, it is necessary to investigate the impact
generated by such a situation already exposed above and to quantify the losses that
have been caused in the Projects, whose Contractors are being linked to Odebrecht.
Of the incidence of the Ministry of Transport and Communications
The Ministry of Transport and Communications of the Peruvian State, con-
nects and integrates the country through the development of transport systems, and
the communications and telecommunications infrastructure, promoting socio-eco-
nomic development, national, regional and international integration, the
facilitation of trade, the reduction of poverty and, as a priority, the well-being of
the citizen, working in concert with regional and local governments.
Provías Nacional is a Special Project of the Ministry of Transport and Com-
munications created by Supreme Decree No. 033-2002- MTC of 07.12.2002, it has
technical, administrative, financial autonomy and is in charge of the execution of
construction, improvement, rehabilitation and maintenance of the National Road
Network, in order to provide users with an efficient and safe means of transport
that contributes to the economic and social integration of the country. Provías
Nacional has the mission of providing national road infrastructure to the popula-
tion at optimal levels of service through the preparation, management,
administration and execution of activities and projects for their conservation, op-
eration and development.
Provías Nacional in its capacity as Administrator of the National Road Net-
work, on 03.02.2016, the Special Committee appointed with Vice-Ministerial
Resolution No. 366-2015-MTC / 02 of 11.06.2015, according to the Public Tender
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David Edison Mamani Arraya
Act No. 0065- 2015-MTC / 20, awarded the Good Pro of the “Road Management,
Improvement and Conservation Service by Service Levels of the Road Corridor:
¨Juliaca - Putina - Oriental - Sandia - San Ignacio - Punta de Carretera and Dv
Putina - Moho - Conima - Milalaya - Border with Bolivia and Dv. Mililaya - Tilali
- Border with Bolivia¨, to the Conservative Contractor, Civil Engineers and Gen-
eral Contractors S.A. whose technical and economic details of the Service are
stipulated in the Service Contract. On 03.22.2016, the Special National Transpor-
tation Infrastructure Project - National Provías of the Ministry of Transportation
and Communications - MTC and the Conservative Contractor - Ingenieros Civiles
y Contractors Generales SA, signed the Service Contract No. 066-2016-MTC / 20
"Road Management, Improvement and Conservation Service by Levels of Road
Corridor Service: ¨Juliaca - Putina - Oriental - Sandia - San Ignacio - Punta de
Carretera and Dv Putina - Moho - Conima - Milalaya - Border with Bolivia and
Dv. Mililaya - Tilali - Border with Bolivia¨.
The purpose of this Contract is to contract the Service, in accordance with the
Administrative Bases of the Public Tender Selection Process No. 0065-2015-MTC
/ 20 approved with Directorial Resolution No. 1235-2015-MTC / 20 of 11/27/2015,
Terms of Reference and Minimum Technical Requirements, whose technical and
economic details are referenced therein.
From Conservation Project Management
Productivity; According to the Master Thesis "Construction Project Manage-
ment System based on the Lean Philosophy and the PMBOK to improve its
Productivity" (2018), UPN, Productivity is the relationship between the production
obtained by a production system and the resources used to obtain it. These produc-
tive resources include the labor factor, capital and other inputs such as land,
energy, raw materials and even information.
Currently, construction is the sector that contributes the most to the economic
growth of the country, when production in the construction sector increases, eco-
nomic factors such as the Gross Domestic Product and the trade sector rise. (Buleje
& Brioso, 2012)
Productivity is defined as the measure that calculates how many products,
goods and / or services have been produced in relation to each resource that has
been used during a given period.. (Vial, La, & Arequipa, 2018)
The planning and execution of construction projects in Peru is in the process
of change. Its implementation is accompanied by a technological advance that is
not in line with industrialization, but that little by little is making our business more
competitive and productive. (Guzmán Tejada, 2014).
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IMPACT OF THE LAVAJATO CASE (ODEBRECHT - PERU) ON THE PRODUCTIVITY AND SERVICE LEVEL OF THE ROAD MANAGE-
MENT AND CONSERVATION PROJECT BY SERVICE LEVELS OF THE ROAD CORRIDOR PE-34H, PE-34I, PE-34V
The Lean Construction philosophy is transcendental in the world of new meth-
odologies to efficiently manage a construction project (Rocio, 2016).
Productivity requires resources such as plant capacity, personnel, costs, raw
materials, facilities, capital, technology, budgets, supplies, and information. (Pan-
duro Torres, Panduro Torres, & Panduro Torres, 2015)
The true competitiveness in a construction project is measured by its produc-
tivity and it is the improvements in this, which allow greater prosperity. (Ayala
Vilela & Temoche Rosillo, 2017).
The lossless construction theory requires strengthening production manage-
ment systems as well as the production processes themselves. (Geometry &
Analysis, n.d.)
On the other hand, the difficulty faced by current construction companies in
reaching optimal levels of productivity and therefore executing construction pro-
cesses in an effective and efficient manner was verified.(Mora Valverde, 2012).
Service level; They are the indicators that reflect the situational status of a Pro-
ject in each of its conservation components, so that in order to obtain a good level
of service, it is necessary to comply with each of the evaluation parameters and
thus obtain a percentage of the level of optimal service.
The deterioration of the road causes poor trafficability in users that leads to
longer transport times, high costs, lack of communication, among others.
(CHAVEZ MUÑOZ, 2013).
This new form of contracting for road maintenance of highways, which is be-
ing promoted by the Ministry of Transport and Communications, allows the
investment made by the Peruvian state in building them to be conserved, transfer-
ring the responsibility for adequate, fast and efficient maintenance to the private
company.(Ramos-casiano, 2014).
The purpose of the same is to ensure the free passability of the road during the
execution time of the contract, for which, on a monthly basis, service checks are
carried out before, during and after the commissioning period.(Justo-casaretto,
2013).
From Study Place
The Road Corridor "Juliaca - Putina - Sandia - San Juan - Alto Azata and
Huancané - Moho - Conima - Tilali - Border with Bolivia" is located in the De-
partment of Puno, according to the following detail:
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David Edison Mamani Arraya
Figure N° 01
The Road Corridor comprises 13 Sections, which are identified as follows:
Section I: Juliaca - Dv. Putina. (PE-34H)
Section II: Dv. Putina - Putina. (PE-34H)
Section III: Putina - Ananea. (PE-34H)
Section IV: Dv. Chuquine - Sandia (PE-34H)
Section V: Sandia - Quiquira (PE-34H)
Section VI: Quiquira - Putina Punco (PE-34H)
Section VII: Putina Punco - Alto Azata. (PE-34H)
Section VIII: Dv. Putina - Huancané (PE-34I)
Section IX: Huancané - Moho (PE-34I)
Section X: Moho - Dv. Mililaya (PE-34I)
Section XI: Dv. Mililaya - Border with Bolivia (PE-34I)
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IMPACT OF THE LAVAJATO CASE (ODEBRECHT - PERU) ON THE PRODUCTIVITY AND SERVICE LEVEL OF THE ROAD MANAGE-
MENT AND CONSERVATION PROJECT BY SERVICE LEVELS OF THE ROAD CORRIDOR PE-34H, PE-34I, PE-34V
Section XII: Dv. Mililaya - Tilali (PE-34V)
Section XIII: Tilali - Border with Bolivia (PE-34V)
Therefore, the place of Study for this research will be located at:
Table 1.
UBICACIÓN WGS-84, ZONA 19
JULIACA (Km.02+940) COORDENADAS INICIO
NORTE ESTE
8290034 381183
Population and Sample Size
POPULATION
General Unit : Ministry of Transport and Communications - MTC.
Executing Unit : Provías Nacional - PVN,
Execution Projects : Conservation of Road Infrastructure.
Axes of Intervention : National Routes.
Execution Modality : By Contract.
Specific Condition : Former partner of Odebrecht.
SAMPLE
Entity : Provías Nacional - PVN / MTC
Contractor : ICCGSA.
Execution Project : Road Management and Conservation Service by Road
Corridor Service Levels: Juliaca - Putina - Sandia - San Juan - Alto Azata and
Huancané - Moho - Conima - Tilali - Border With Bolivia
Axes of Intervention: National Routes PE-34H, PE-34I, PE-34V
Contract N° : N ° 066-2016-MTC / 20
Specific Condition : Former partner of Odebrecht.
209
David Edison Mamani Arraya
Of the Methodology Procedure
To determine the loss of Productivity of the Project, due to the impact caused
by the Lavajato - Odebrecht Peru case, the information on Production and Work
Progress corresponding to the Road Management and Maintenance Service Project
by Road Corridor Service Levels will be obtained: Juliaca - Putina - Sandia - San
Juan - Alto Azata and Huancané - Moho - Conima - Tilali - Border with Bolivia,
in such a way that knowing the scope of Production, the daily progress record, the
resources available in the work fronts, yields , work programs, productivity can be
obtained for the aforementioned scenario. So that by quantifying the service level
indicators, as well as the variables that are part of the Road Infrastructure and
through the surveys to be carried out directly to the users, the loss of the service
level in the road corridor can be determined. The following resources will be used
for this purpose:
• Cabinet and field information (Scheduling of Work, Record of Work Progress,
Situational Status of Equipment, Personnel Relationship, Warehouse report,
performance chart, the like).
• Desktop Computer for Information Processing.
• Notes obtained from the field visit.
• User surveys.
CONCLUSIONS
As a result of the proposed Study, the impact and incidence of the Lavajato
case on Productivity and Service Level of Road Maintenance Projects executed in
the national territory, department of Puno, will be determined.
BIBLIOGRAPHIC REFERENCE
Arquitectura, S. Y., Une, Q. U. E., Provincias, L. A. S., Espinar, D. E. C. Y., Gui-
llermo, B., & Inga, S. (2018). Facultad de ingeniería civil, sistemas y
arquitectura.
Ayala Vilela, O. J., & Temoche Rosillo, V. E. (2017). Metodologías y herramien-
tas de gestión para la mejora continua de la productividad en la construcción.
Universidad de Piura. Retrieved from https://pir-
hua.udep.edu.pe/handle/11042/3247
Buleje, K. E., & Brioso, X. (2012). Productividad en la construcción de un con-
dominio aplicando conceptos de la filosofía Lean Construccion. 1–102.
Carolina, L., & Panta, C. B. (2013). FILOSOFÍA LEAN CONSTRUCTION Lizbeth
210
IMPACT OF THE LAVAJATO CASE (ODEBRECHT - PERU) ON THE PRODUCTIVITY AND SERVICE LEVEL OF THE ROAD MANAGE-
MENT AND CONSERVATION PROJECT BY SERVICE LEVELS OF THE ROAD CORRIDOR PE-34H, PE-34I, PE-34V
Carolina del Carmen Burneo Panta.
CHAVEZ MUÑOZ, M. (2013). Universidad nacional de , ingenieria facultad de
ingenieria civil ,. 156.
Correa, C., Gutiérrez, A., & Gal, Q. (2016). encargada de in vestigar los presuntos
hayan sid o adjudicados a las empresas INFORME FINAL. 01, 1446.
Filosof, D. E. L. A. (2016). TESIS :
Guzmán Tejada, A. (2014). Aplicación de la filosofía Lean Construction en la pla-
nificación, programación, ejecución y control de proyectos. 121. Retrieved
from http://tesis.pucp.edu.pe/repositorio/handle/123456789/5778?show=full
Justo-casaretto, M. (2013). Miguel Justo-Casaretto.
Mora Valverde, J. J. (2012). MEDICIÓN Y Resumen. Instituto Tecnológico De
Costa Rica Escuela De Ingeniería En Construcción.
Panduro Torres, K. H., Panduro Torres, K. H., & Panduro Torres, K. H. (2015).
Propuesta de mejora continua de la productividad en obras por administración
directa -proyecto especial Huallaga central y bajo Mayo -Tarapoto. Universi-
dad Nacional de Ingeniería. Retrieved from
http://cybertesis.uni.edu.pe/handle/uni/2514
Ramos-casiano, M. (2014). EXPERIENCIAS Y ACTIVIDADES EN PERÚ Miguel
Ramos-Casiano.
Rocio, quiape romero mariely del. (2016). Universidad Privada De Tacna Facul-
tad De Ingenieria. 104. Retrieved from
http://repositorio.upt.edu.pe/bitstream/UPT/73/1/quispe-romero-mariely.pdf
Salvatierra Rodriguez, V. R. (2017). “ Estrategias Optimas Para La Conservacion
Y Desarrollo Vial Por Niveles De Servicio , De Superficies De Rodadura As-
falticas En carreteras del peru".
Vial, C., La, E. N., & Arequipa, C. D. E. (2018). Arequipa-perú 2018.
MTC-PVN (2015). Concurso Público N°0065-2015-MTC/20, Servicio de Ges-
tión,
Mejoramiento y Conservación Vial por Niveles de Servicio del Corredor Vial: ¨Ju-
liaca - Putina - Oriental - Sandia - San Ignacio - Punta de Carretera y Dv
Putina - Moho - Conima - Milalaya - Frontera con Bolivia y Dv. Mililaya -
Tilali - Frontera con Bolivia. Lima, Perú.
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David Edison Mamani Arraya
MTC-PVN (2016). Contrato de Servicios N°066-2016-MTC/20, Servicio de Ges-
tión,
Mejoramiento y Conservación Vial por Niveles de Servicio del Corredor Vial: ¨Ju-
liaca - Putina - Oriental - Sandia - San Ignacio - Punta de Carretera y Dv
Putina - Moho - Conima - Milalaya - Frontera con Bolivia y Dv. Mililaya -
Tilali - Frontera con Bolivia. Lima, Perú.
Castillo Dibos Fernando. (2019). ICCGSA, Lima, Perú: Ingenieros Civiles y
Contratistas Generales S.A.: Argosy Publishing. Recuperado de
http://www.iccgsa.com
Julio Lira Segura (2019). Gestión, Lima, Perú: Lava Jato: Operación que destapó
corrupción en Brasil cumple cinco años.: Argosy Publishing. Recuperado de
http://www.gestion.com
Flores Mendoza Erick Jerrry, Universidad Nacional de San Agustín, Arequipa
(2018).
Análisis y Evaluación de la Productividad en Obras de Construcción Vial en la
ciudad de Arequipa. Tomo.01, Arequipa, Perú.
A. Gómez Cabrera y D. Morales Bocanegra, “Análisis de la productividad en la
construcción de vivienda basada en rendimientos de mano de obra”, INGE CUC,
vol. 12, no. 1, pp. 21-31, 2016.
Matos Lopez, Marcos Joel (2018) “Sistema de Gestión de Proyectos de Construc-
ción
basado en la Filosofía Lean y en el PMBOK para mejorar su Productividad” (Te-
sis de Maestría), Universidad Privada del Norte, Trujillo.
212
REMOVAL OF THE ORGANIC AND PATHOGENIC LOAD FROM DO-
MESTIC WASTEWATER IN THE FILTERS PERCOLATOR IN ZONE
MOUNTAIN BROW – SANDIA 2019
Juarez Machaca, Edwin
ABSTRACT
The present study was carried out with the objective of determining the removal
of the concentrations of Biochemical Oxygen Demand (BOD), Chemical Oxygen
Demand (COD), and Thermotolerant Coliforms (TC) from domestic wastewater
treated in trickling filters located in mountain brow - Sandia. The research focused
on determining the removal efficiency by laboratory analytical methods, for the
following parameters; BOD5, COD, and TC in the tributary and effluent from trick-
ling filters. As results it was determined with respect to the BOD5 a removal of;
46.01% in percolator filter N° 1, 30.90 % in the percolator filter N° 2 y 39.98% in
the percolator filter N° 3. Regarding COD, a removal of; 67.54 % in the percolator
filter N° 1, 57.88% in the percolator filter N° 2 y 63.62% in the percolator filter
N° 3. Regarding the removal of Thermotolerant Coliforms (TC) is achieved a re-
moval of; 99.54 % in the percolator filter N° 1, 86% in the percolator filter N° 2 y
90.49% in the percolator filter N° 3. From the results obtained It is concluded that
the dimensioning of the structure and the removals are below the removal efficien-
cies that they should have the percolator filters in the secondary treatment of
sewage this is indicated by the National Building Regulations OS 090, except with
one of the parameters thermotolerant coliforms is removed only in the filter N°1.
Keywords: Wastewater, organic load, pathogenic load, percolator filter.
INTRODUCTION
The water is one of the essential natural resources for life, it is therefore the
fundamental component of ecosystems, your protection is essential, whether these
are in; seas, rivers, lakes, subsoil, among others. The protection of this resource
against any polluting agent, it is of vital importance, because the human being and
other living beings are totally dependent on its existence and its quality. Anthro-
pogenic activities necessarily require the use of water, from this situation arises the
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Edwin Juarez Machaca
need for the purification or treatment of wastewater, in order to minimize the neg-
ative impacts that pollution can cause to ecosystems and our environment due to
the wastewater discharges generated.
At present, for the purification of wastewater there are multiple treatment sys-
tems with different principles of decontamination or treatment, which for their
implementation can be selected by the quality or level of treatment they deliver in
their tributary, Treatment systems defined by adaptation to specific climatic con-
ditions of operation can also be found. On the other hand, two types of treatment
systems can also be differentiated, characterized by presenting an unconventional
and conventional design, Generally, unconventional purification systems are ap-
plied in rural areas and urban areas with fewer populations because they are easy
to implement and operate, on the other hand, conventional purification systems are
generally applied to the service of large peoples, the construction and operation
have high costs due to the necessity due to the fact that its mechanized components
require electrical energy for their operation (Orosco, 2014).
The need to use sewage treatment systems in Peru is mandatory and which are
regulated through Laws and Standards to avoid the dumping of pollutants directly
or indirectly into the receiving water bodies within the basins at the national level.
(MINAM, 2009).
The degree or intensity of wastewater decontamination depends on where the
final disposal is assigned and the purpose is achieved through different types of
components or treatment systems, which include physicochemical or biological
purification processes, in the case of biological treatments it is necessary to create
suitable environments for the development of aerobic and anaerobic micro-organ-
isms such as; bacteria, fungi, microalgae, algae, protozoa, among others that,
through the metabolism of these living organisms, reduce or eliminate pollutants
from wastewater (Bermeo, 2016)
Another characteristic to define and implement the sewage treatment systems
is to define the relationship that exists between the micro-organisms to be devel-
oped and the environmental factors defined by the climate. In order to obtain an
adequate removal of pollutants, these treatment systems They are generally used
for the purification of domestic and / or municipal wastewater that has a high or-
ganic load in its composition that serves as food for the different aerobic and
anaerobic organisms. (Ferrer et al., 2018).
With the realization of this research we have demonstrated the inadequate ef-
ficiency of square section trickling filters in the elimination of organic and
pathogenic load (BOD5, COD and TC) from domestic sewage, which were built as
part of the biological treatment of the sewage treatment plant in the city of Sandia,
214
IMPACT OF THE LAVAJATO CASE (ODEBRECHT - PERU) ON THE PRODUCTIVITY AND SERVICE LEVEL OF THE ROAD MANAGE-
MENT AND CONSERVATION PROJECT BY SERVICE LEVELS OF THE ROAD CORRIDOR PE-34H, PE-34I, PE-34V
province of Sandia, department of Puno, By determining their design characteris-
tics and taking samples for physicochemical and biological analyses, in this way
we verify that trickling filters with a square section and a fixed distribution system
have proven to be inefficient in removing the proposed BOD5 parameters, COD,
TC as shown below in the analysis of the results obtained. For which they are an-
alysed, evaluated and interpreted to inform both the institution that manages the
treatment plant and the student population and other institutions interested in this
paper.
Based on this research, it is necessary to raise awareness about the situation of
the wastewater treatment systems applied in many urban areas of the Puno region
and the country, as a result, pollution in the environment is observed due to the
inappropriate discharge of sewage. treated
METHODS
The study carried out is descriptive because it was proposed to determine the
removal efficiency of an existing wastewater treatment component (Hernandez,
2014), According to its design it is non-experimental, because the variables were
not modified, According to its approach it is quantitative, because its variables are
measured numerically, According to the time used for the investigation it is cross-
sectional, because the required data were obtained in a certain time. The method-
ological procedures applied to obtain and present data were: Planning phase; The
execution and data processing schedules were carried out; materials and tools were
also obtained for the collection of samples and transfer to the laboratory. Field
phase; The wastewater samples were collected in compliance with the provisions
of the wastewater monitoring protocol by the "Standard Methods for the Examina-
tion of Water and Wastewater" (Wpcf, 1992), in the tributary and effluent of
percolator filters. Laboratory phase: the samples obtained from wastewater were
subjected to different standard analytical procedures for the evaluation of drinking
water and wastewater from the APHA-AWWA-WPCF; the BOD5 concentration
was determined by the dilution method or also known as the Winkler method, the
COD was determined by the reflux technique with dichromate, and the thermotol-
erant coliforms was determined by the technique of fermentation in multiple tubes
of the Standard Methods. Data processing phase; To evaluate the removal effi-
ciency in percentage of each parameter analysed in relation to trickling filters, the
following equation was used:
= − ∗ 100
Where:
E = Efficiency (%).
215
Edwin Juarez Machaca
So = Initial pollution (tributary)
S = Final pollutant load (effluent).
Once the removal efficiency was determined with four samples analysed, the
average removal efficiency was determined.
RESULTS AND DISCUSSIONS
The found concentration of BOD5, in the tributary and effluent of the three
percolator filters evaluated in the wastewater treatment plant of the city of Sandia
shown in the following table.
Table 1. BOD5 determined in the affluent and effluent of percolator filters.
Sampling Percolator fil- BOD5 (mg/l) DBO5 (mg/l) Determination
dates ter Tributary Effluent method
Filter N° 1 171.06 97.47
28/04/2019 Filter N° 2 171.06 113.14
Filter N° 3 171.06 106.19
Filter N° 1 163.60 83.70
08/05/2019 Filter N° 2 163.60 114.36
Filter N° 3 163.60 94.69
Filter N° 1 168.83 91.64 APHA-
AWWA_WPCF
(method Winkler)
22/05/2019 Filter N° 2 168.83 123.28
Filter N° 3 168.83 107.33
Filter N° 1 175.00 93.50
03/06/2019 Filter N° 2 175.00 118.02
Filter N° 3 175.00 99.04
Source: own
The results found in relation to the concentration of COD in the tributary and
the effluent of the three percolator filters evaluated in the wastewater treatment
plant of the city of Sandia are detailed below.
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IMPACT OF THE LAVAJATO CASE (ODEBRECHT - PERU) ON THE PRODUCTIVITY AND SERVICE LEVEL OF THE ROAD MANAGE-
MENT AND CONSERVATION PROJECT BY SERVICE LEVELS OF THE ROAD CORRIDOR PE-34H, PE-34I, PE-34V
Table 2. COD determined in the effluent and effluent from percolator filters.
Sampling Percolator filter COD (mg/l) COD (mg/l) Determination
dates Filter N° 1 Tributary Effluent method
655.00 224.00
28/04/2019 Filter N° 2 655.00 288.00
Filter N° 3 655.00 257.00
Filter N° 1 635.00 191.00
08/05/2019 Filter N° 2 635.00 262.00
Filter N° 3 635.00 215.00
Filter N° 1 643.00 207.00 APHA-
AWWA_WPCF,
(closed reflow
method)
22/05/2019 Filter N° 2 643.00 296.00
Filter N° 3 643.00 239.00
Filter N° 1 593.00 198.00
03/06/2019 Filter N° 2 593.00 218.00
Filter N° 3 593.00 208.00
Source: own
Table 3 shows the results of the concentrations found for thermotolerant coli-
forms, in the tributary and the effluent of the three percolator filters evaluated in
the wastewater treatment plant of the city of Sandia.
217
Edwin Juarez Machaca
Table 3. Thermotolerant Coliforms determined in the tributary and effluent of per-
colator filters
Sampling Percolator TC* TC* Determination
dates filter (NMP/100ml) (NMP/100ml) method
Filter N° 1 Tributary Effluent
4.0x107 2.3x104
28/04/2019 Filter N° 2 4.0x107 2.1x105
Filter N° 3 4.0x107 9.0x105
Filter N° 1 7.5x107 1.5x104
08/05/2019 Filter N° 2 7.5x107 4.0x106
Filter N° 3 7.5x107 1.5x106 APHA-AWWA-WPCF
Filter N° 1 2.1x107 1.5x105
(multi-tube fermenta-
tion method)
22/05/2019 Filter N° 2 2.1x107 1.5x106
Filter N° 3 2.1x107 4.0x105
Filter N° 1 1.5x108 1.5x105
03/06/2019 Filter N° 2 1.5x108 4.3x106
Filter N° 3 1.5x108 4x106
Source: own
* Thermotolerant Coliforms
The removal efficiency of the organic load represented by the biochemical ox-
ygen demand (BOD5) in the three percolator filters evaluated is shown in figure N
° 01, obtaining a removal efficiency of; 46.01% in percolator filter N ° 1, deter-
mining a higher percentage of purification in relation to the three filters studied,
30.90% in percolator filter N ° 2, finding a lower percentage of purification related
to the three filters studied, and 39.98% in the percolator filter N ° 3. According to
the BOD5 purification efficiencies established for the design of percolator filters
by the WEF-ASCE (Federation of Water Environment and the American Society
of Civil Engineers) and the OS 090 Regulation of the Ministry of Housing, Con-
struction and Sanitation (MHCS), none of the 3 percolator filters evaluated reached
the removal percentage (80%) established by the aforementioned institutions.
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IMPACT OF THE LAVAJATO CASE (ODEBRECHT - PERU) ON THE PRODUCTIVITY AND SERVICE LEVEL OF THE ROAD MANAGE-
MENT AND CONSERVATION PROJECT BY SERVICE LEVELS OF THE ROAD CORRIDOR PE-34H, PE-34I, PE-34V
The removal efficiency of the organic load represented by the Biochemical
Oxygen Demand (BOD5) in the three percolator filters evaluated is shown in figure
N ° 1, obtaining a removal efficiency of; 46.01% in percolator filter N ° 01, deter-
mining a higher percentage of purification in relation to the three filters studied,
30.90% in trickling filter N ° 02, finding a lower percentage of purification related
to the three filters studied, and 39.98% in the trickling filter N ° 03. None of these
evaluated filters reaches the 80% removal established by the WEF-ASCE (Water
Environment Federation and American Society of Civil Engineers) for percolator
filter design.
100
90
80
percentage (%) 70
60
50
40
30 30.90 39.98
20 46.01
10
0 Filter-2 Filter-3
Filter-1
% Filter removal % Design removal
Figure 1. The efficiency of BOD5 removal in percolator filters located in the
mountain brow Sandia.
The following figure N ° 2 shows the percentage of removal efficiency of the
organic load represented by the chemical oxygen demand (COD) in the three per-
colator filters evaluated, obtaining a removal efficiency of; 67.54% in percolator
filter N ° 1 representing a higher percentage of purification in relation to the three
filters studied, 58.88% in percolator filter N ° 2 representing the lowest percentage
of purification in relation to the three percolator filters studied, 63.62% in perco-
lator filter N ° 3. According to the COD removal efficiencies established for the
percolator beds design by the WEF-ASCE (Federation of Water Environment and
the American Society of Civil Engineers), none of the 3 filters Percolators evalu-
ated reach the removal percentage (80%) established in the mentioned institution.
219
Edwin Juarez Machaca
percentage (%) 100 57.88 63.62
90 Filter-2 Filter-3
80
70
60
50
40
30 67.54
20
10
0
Filter-1
% Filter removal % Design removal
Figure 2. The efficiency of COD removal in percolator filters located in the moun-
tain brow Sandia.
Figure N ° 3 shows the percentage of efficiency of removal of the pathogenic
load represented by Thermotolerant Coliforms (TC) in the three percolator filters
evaluated, obtaining a removal efficiency of; 99.54% in percolator filter N ° 1 rep-
resenting a higher percentage of purification in relation to the three filters studied,
86.01% in percolator filter N ° 2 representing the lowest percentage of purification
in relation to the three filters studied, and 90.49% in the percolator filter N ° 3. For
the design of the filters the WEF-ASCE (Federation of Water Environment and the
American Society of Civil Engineers) and the OS 090 Regulation of the MHCS, a
removal of 99% for thermotolerant coliforms, verifying the efficiency of the three
percolator filters evaluated, only trickling filter No. 01 reaches this efficiency.
220
IMPACT OF THE LAVAJATO CASE (ODEBRECHT - PERU) ON THE PRODUCTIVITY AND SERVICE LEVEL OF THE ROAD MANAGE-
MENT AND CONSERVATION PROJECT BY SERVICE LEVELS OF THE ROAD CORRIDOR PE-34H, PE-34I, PE-34V
100
95
90
percentage (%) 85
80 99.54 86.01 90.49
75
70
65
60 Filter-2 Filter-3
Filter-1
% Filter removal % Design removal
Figure 3. The efficiency of COD removal in percolator filters located in the moun-
tain brow Sandia.
The following are the results of the laboratory and cabinet analysis of the pa-
rameters that indicate the efficiency of the percolator filters evaluated in relation
to the Peruvian technical standard OS 090 of the Ministry of Housing, Construc-
tion and Sanitation.
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Edwin Juarez Machaca
Table 4. Removal determined for percolator filters located in the mountain brow
Sandia
Study com- Parameter Tributary Effluent % Filter re- % Removal ac-
ponent moval cording to
169.62 91.58
Filter N° 1 BOD5 (mg/l) 631.15 205.00 46.01 Standard OS 090
Filter N° 2 7.15x107 3.3x105 67.54 80
Filter N° 3 COD (mg/l) 169.62 117.20 80
TC 631.15 266.00 99.54
Source: own 7.15x107 1.00x107 99
(NMP/100ml) 169.62 101.81 30.90
BOD5 (mg/l) 631.15 229.75 57.88 80
7.15x107 6.8x106 80
COD (mg/l) 86.01
TC 99
39.98
(NMP/100ml) 63.62 80
BOD5 (mg/l) 80
90.49
COD (mg/l) 99
TC
(NMP/100ml)
CONCLUSIONS
The percolator filters evaluated in the mountain brow Sandia, they are not ef-
ficient in the removal of BOD5, COD and Thermotolerant Coliforms, according to
the Technical Standard OS 090, despite the identical characteristics of the three
trickling filters evaluated, the removal of BOD5, COD and Thermotolerant Coli-
forms in their effluents they are not the same, the differences in the percentage
of removal found is related to the wet area of the percolator filters, the greater the
wetted area, the higher the percentage of removal was recorded, during the inves-
tigation it was also possible to verify that the square section of the percolator filters
does not allow a uniform distribution of water. residual on the filter bed, generating
dead zones in the corners of the treatment component, thereby reducing the wetted
area and this affects the pollutant removal efficiency.
BIBLIOGRAPHIC REFERENCES
Bermeo, M. M. (2016). Tratameinto de aguas residuales: Técnicas convenciona-
les (A. Rodriguez (ed.); 2 da).
Ferrer, J., Seco, A., & Robles, A. (2018). Tratamientos biológicos de aguas resi-
duales (3ra ed.). Editorial Universitat Politècnica de València ©.
www.lalibreria.upv.es
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IMPACT OF THE LAVAJATO CASE (ODEBRECHT - PERU) ON THE PRODUCTIVITY AND SERVICE LEVEL OF THE ROAD MANAGE-
MENT AND CONSERVATION PROJECT BY SERVICE LEVELS OF THE ROAD CORRIDOR PE-34H, PE-34I, PE-34V
Hernandez Sampieri, R. (2014). Metodología de la investigación (M. I. Rocha
Martines (ed.); sexta, Vol. 148). McGRAW-HILL / INTERAMERICANA
EDITORES, S.A. DE C.V. www.intercambiosvirtuales.org
Ministerio del Ambiente (MINAM). (2009). Tratamiento y Reuso de Aguas Resi-
duales. Manual Para Municipios Ecoeficientes, 511, 179.
https://sinia.minam.gob.pe/download/file/fid/39054
Orosco, Á. (2014). Bioingeniería de Aguas residuales: Teoría y diseño. (Segunda
ed). Asociación Colombiana de Ingeniería Sanitaria y Ambiental Acodal.
https://www.acodal.com/bioingenieria-aguas-residuales-teoria-diseno/
Wpcf, A. A. (1992). Métodos normalizados para el análisis de aguas potables y
residuales (J. Bravo (ed.)).
223
THE PRINCIPLE OF OPPORTUNITY IN THE CRIMINAL
PROCEDURE CODE
Ferrel Chumpe, Lonny
ABSTRACT
In this article, the author makes an analysis regarding the principle of opportunity,
its doctrinal context, its disagreements with the principle of legality and the con-
venience of its incorporation in the new Criminal Procedure Code of 2004,
concluding, among other aspects, that the Justification responds to criminal policy
reasons that discourage the opening of the trial and the irrogation of a custodial
sentence, such as: avoiding the criminogenic effects of custodial sentences in those
who have never previously committed a crime; obtain the rehabilitation of the of-
fender by voluntarily submitting to a rehabilitation procedure; stimulate the own
repair of the damage; the convenience of avoiding unnecessary trials or reasons of
procedural economy.
Keywords: Public Ministry, Principle of Opportunity, Principle of legality, crim-
inal process.
INTRODUCTION
The principle of legality is expressly guaranteed regulated in literal d), inc. 24
of art. 2, agreed with paragraph a) of inc. 24 of the referenced article, and numeral
3 of art. 139 ° of the Political Constitution of Peru, which give full legal security
to the citizen. For its part, and with regard to the criminal process, it is established
in article I, numeral 2 of the Preliminary Title of the new Criminal Procedure Code,
which establishes: “Everyone has the right to a prior, oral, public and contradictory
trial, developed according to the norms of this code”. This reminds us that the
criminal process is fully determined, prior, strict and certain by law.
In general lines and unlike the civil process, in which private interests are de-
bated and, therefore, available, in the criminal process, when public and
unavailable interests are debated, the Prosecutor, in communion with his independ-
ence and as director of the preparatory investigation must seek the material truth,
225
Lonny Ferrel Chumpe
which entails the inadmissibility of those actions that suppose an exclusive mani-
festation of the unilateral will of the parties, which must yield in favor of the public
principle that obliges the State to prosecute criminal offenses.
Urtecho (2014) The principle of material truth opposes - not absolutely - the
legal truth, on the one hand, which belongs to the civil sphere, and the substantial
truth, on others, characteristic of the criminal process. Thus, in the criminal process
the judge can substitute the inactivity of the party in the search for the truth, and,
consequently, any privileged or legal evidence is excluded, which, regardless of
an assessment of the results, constrains the judge to consider a fact as true. Not
only the confession of the accused, which in the Middle Ages was the reigning test
of the criminal process, but also the other typical institutions of the civil process
that represent a manifestation of the dominion of the will of the parties over the
legal consequences of the process and its termination, Such as the withdrawal, the
transaction or the raid, are excluded from a correct consideration of the criminal
process as contrary to the principle of the necessity (necessity) of the same as a
mandatory expression of the right of persecution of the State, exercised on behalf
of civil society , to make effective the power to punish, established for the benefit
of that and situated above the will of the individual subjects.
However, what has been said, and within the framework of the current adver-
sarial model of the Criminal Procedure Code, the principle of opportunity has been
incorporated, which would be the opposite, exception or correlative, or simply cor-
rective or flexible (flexible) of the principle of legality. Thus, since the principle
of opportunity is in dialectical relationship with that of legality, its rigorous scope
of application will be the same, that is, the powers and limits of public powers. On
the other hand, I consider that this does not imply the modification of the principle
of legality or that it affects the public powers, the alternatives that the legal system
offers a person to urge or not the prosecution of a crime. In this regard, it should
be specified:
• The principle of legality implies the obligation of criminal prosecution. In sys-
tems where the Public Ministry exercises the monopoly of criminal action, its
exercise is an obligation; In this sense, it will denounce all criminal acts, will
provide the evidence it deems necessary, will support the accusation if it is con-
vinced of the responsibility of the accused and will request the penalty such as
civil reparation.
• The principle of opportunity is understood, in a broad sense, as the discretionary
power of the Prosecutor in the prosecution of the crime, that is, in full freedom
to decide on the criminal prosecution of the crime and the offender.
226
THE PRINCIPLE OF OPPORTUNITY IN THE CRIMINAL PROCEDURE CODE
This article analyzes precisely the doctrinal considerations that justify the incorpo-
ration of the principle of opportunity in the legal system of the new criminal
process.
DEVELOPING
PROBLEMATIC RAISED BY THE PROLIFERATION OF CRIMINAL-
ITY IN BAGATELA AND POSSIBLE SOLUTIONS
Armenta (2004) The appearance throughout Europe, in a progressively in-
creasing way, of what has come to be called "trifle criminality" has forced us to
search for optimal instruments to combat it. Over the last forty years, there has
been a notable increase in crimes of a patrimonial and economic nature, of little
relevance and very frequent in their commission. The problem of trifle crimes, as
pointed out by professor ARMENTA DEU, acquires more worrying features from
the perspective of its treatment, when - as it usually happens - they become re-
peated crimes that essentially affect property and road traffic in relation to injuries
and administrative offenses.
At this time when this form of crime is presented in a massive way, it directly
affects the following issues:
a) The overload in the Administration of Justice, mainly in the cases, also more
frequent, in which the procedural - criminal regulation has been drawn up with-
out thinking about this specific type of crime.
b) The lack of proportion of the sentence, which is excessive in most cases, with-
out having corrective elements to adapt it.
c) The devaluation of Criminal Law insofar as, on the one hand, such crimes, due
to their habitual nature, can affect a vast majority of citizens, preventing an
intimidating reaction and, on the other hand, because leaving the vast majority
of them to discover, the effect threatening punishment is practically eliminated
and.
d) The protection of the legal right, since, no matter how the lack of importance
of the crime of trifle taken in its individuality is argued, the fact is that, in a
massive way, it ends up becoming anything but a “trifle”; above all due to the
lack of legal certainty that citizens may not prosecute for these events, with the
consequent effect of possible self-protection reactions.
It is logical that in this situation solutions of a very diverse nature are consid-
ered: the shortening of the processes, excluding in some cases the participation of
the jurisdictional bodies, or the decriminalization of some illicit crimes. Logically,
227
Lonny Ferrel Chumpe
their admission requires respect for the constitutional principles of the criminal
process, which is the principle of legality.
Gimeno (2002) The first of them supposes, in addition to conformity, the es-
tablishment of the principle of opportunity in the exercise of criminal action and
of the different systems of criminal transaction. Luzón (2008) By principle of op-
portunity it is understood, in our doctrine by authors such as GIMENO SENDRA,
the power that the holder of the criminal action assists, to dispose under certain
conditions, of its exercise regardless of whether the existence of a punishable act
against a specific perpetrator.
TENSIONS: PRINCIPLE OF LEGALITY - PRINCIPLE OF OPPOR-
TUNITY
The principle of opportunity, in our procedural system, contains three different
cases of application of criteria of opportunity, and its first part establishes that each
of them can be applied ex officio, at the request of the public prosecutor, or also at
the request of the accused. In the first two cases, the express consent of the accused
is required for the public prosecutor to refrain from taking criminal action. The
first assumption contained in this article covers those cases in which it is consid-
ered that there is a “natural retribution” that has been borne by the perpetrator of
the act, within certain limits, according to the criminal scale of the crime in ques-
tion. Thus, it is authorized not to promote the action when the perpetrator “has
been directly and seriously affected by the consequences of his negligent or inten-
tional crime, provided that the latter is punished with a custodial sentence of no
more than four years, and the penalty is inappropriate”. None of the three assump-
tions is foreseen as the right of the accused but, rather, in the sense that a certain
degree of discretion is granted to the prosecutor. In the first case, the last sentence
of the subsection, which refers to the circumstance that the "penalty is inappropri-
ate," places the judgment on the ownership of the penalty, in the specific case, in
the hands of the prosecutor. The assumption covers those cases in which the per-
petrator has already suffered, as a consequence of his punishable behavior, a
“natural” retribution, such as, for example, when the driver of a car, by reckless-
ness, causes injury or death of his own son.
The second assumption includes the possibility of not promoting criminal ac-
tion in those cases in which the crime does not "seriously affect the public interest",
but only when the act does not fit into a criminal type whose minimum is greater
than two years of deprivation of Liberty. In this case, those crimes committed by
public officials in office are set aside. The discretion of the public prosecutor, in
this case, is linked to the public interest affected by the crime. However, it should
be noted that the provision verbatim says that it applies to "crimes that do not se-
riously affect the public interest", with which, in principle, it should apply to all
228
THE PRINCIPLE OF OPPORTUNITY IN THE CRIMINAL PROCEDURE CODE
crimes, unless some really exceptional circumstance does so. prevent. Under this
assumption, then, all low-severity crimes are generically covered.
The last assumption, on the other hand, deals with facts in which the prosecutor
can appreciate that the attenuating assumptions of various provisions of the Crim-
inal Procedure Code concur, such as type error, prohibition error, culturally
conditioned error of understanding, attempt, imputability diminished, assumptions
of absence of conduct, of causes of justification or of incomplete causes of guilt,
relative imputability or secondary participation in the act of another. In this case,
the public prosecutor may refrain from promoting the action when it notices that
there is no seriously compromised public interest, but only when it is a crime
whose maximum does not exceed four years of deprivation of liberty. As in the
previous case, crimes committed by public officials in the exercise of their function
are excluded. The prosecutor's discretion, for its part, is linked to the determination
of the “seriously affected” public interest.
Beling (1943) For GOLDSCHMIDT, the principle of legality continues to be
the one that guarantees the very strict legality of punitive justice and, in the face of
this, the principle of opportunity can be justified in two ways: “on the one hand,
starting from an approach that favors a Government political influence on criminal
justice; on the other, in the interest of the verification of material justice, in contrast
to a legal formalism ”and that“ today, the principle of legality has to yield to a
principle of opportunity in the second sense, that is, to favor of material justice ”.
Cabanas (1991) Thus, according to this author, while the principle of legality
consists of the imperative exercise of the action in accordance with what results
from the events that occurred, having significance within the substantive criminal
order, the principle of opportunity is It is presented as its antipode, since both one
and the other exposed factor may yield in multiple cases, these being more or less
specified -according to the system adopted by each country where it exists- legally.
DEFINITION OF THE PRINCIPLE OF OPPORTUNITY
The principle of opportunity is the power of the Provincial Prosecutor, under
certain conditions established by law, to abstain and continue with the exercise of
public criminal action; verifying the existence of sufficient probative elements of
the reality of the crime and the involvement of the accused in its commission is
proven; It must also have the acceptance of the latter, for its application.
Maier, defines it as “the possibility that the public bodies, to whom the criminal
prosecution is entrusted, dispense with it, in the presence of the news of a punish-
able act or even, of the more or less complete proof of its formal perpetration or
informally, temporarily or definitively, conditionally or unconditionally, for utility
or political criminal reasons.
229
Lonny Ferrel Chumpe
Roxin (2000) points out: “it is the theoretical opposition to the principle of
legality, by which the Prosecutor is authorized to choose between evaluating the
action or refraining from doing so by filing the process, when the investigations
carried out lead to the conclusion that the defendant, with high probability, has
committed a crime.
Sendra (1993) considers: "the power that the holder of the criminal action as-
sists, to dispose, under certain conditions, of his army regardless of whether the
requirement of a punishable act has been proven".
Neyra (2010) The Principle of Opportunity, appears as a whole procedural
mechanism that seeks to avoid unnecessary criminal proceedings from being initi-
ated or those already initiated are filed, under certain pre-established assumptions
in the law.
REQUIREMENTS OF THE PRINCIPLE OF OPPORTUNITY
For the application of these criteria of opportunity, the Provincial Prosecutor
may in some cases and must in others, refrain from exercising the criminal action
when certain requirements expressly demanded in the criminal procedure rule (ar-
ticle 2 of the Criminal Procedure Code), which may be these concurrent or
mutually exclusive, such as:
1.- Conviction of the Crime and the Involvement of its author or participant.
- The first thing that must be taken into account is that the complaint, preliminary
investigation carried out by the police authority, police report or in the Fiscal Of-
fice, or in case when it has already been formalized at the judicial level (with the
new Criminal Procedure Code it is called, promote criminal action, during the pre-
paratory investigation). Where, it must necessarily be verified sufficient evidence
or revealing elements of judgment of the existence of the crime that is imputed,
and the connection of its author or participates in its commission.
The Provincial Prosecutor, as head of the exercise of public criminal action
and defender of legality, must correctly structure the criminal type, adapting the
typical conduct based on the descriptive and normative elements-objective phase
of the type and will of the agent subject, that acts with "intent" or guilt objective
phase of the type (Completed Theory of Crime), and that the first element of the
crime with this theory constitutes the Typicity, that is, it is the first step for the
subsumption of an alleged crime to the criminal catalog. Bacigalupo (1987) Well,
according to WELZEL "action is the exercise of the finalist activity".
In other words, the Prosecutor must be convinced that the conduct falls within
the criminal category described. If this is not the case, these criteria of opportunity
230
THE PRINCIPLE OF OPPORTUNITY IN THE CRIMINAL PROCEDURE CODE
should not be used and the complaint, as it does not have criminal content, must
be definitively filed, since the fact will become atypical.
2.- Express consent of the accused.- Secondly, it must be taken into account that
the accused, without any pressure, gives his express consent for the criminal act
that has been preliminarily investigated, or is being formally investigated; accept-
ing - acknowledging in a certain way - consciously being the author or participant
of the criminal act denounced - it must be verified by the prosecutor - because in
the 2004 Criminal Procedure Code, in the second article it is specified: "The Public
Ministry, ex officio or upon request of the accused and with his consent (…) ".
3.- Lack of need for the penalty.- They should also be assessed when cases of
malicious crime with a privative penalty of no more than four years or guilty are
noticed, in which the accused has been seriously affected either physically or psy-
chologically as a consequence of the crime that the same provoked, "perpetrator-
victim", consequently it will no longer be necessary to punish him and the com-
plaint must be filed, without requiring other assumptions, such as civil reparation
or that the minimum legal penalty is two years.
4.- Lack of worthiness of the penalty. - It is also required that the crime be insig-
nificant or of medium severity that does not seriously affect society or public
interest, little social impact called a “trifle” or small-time crime. In this case, if it
is required that the sentence imposed at its minimum legal end, is two years of
deprivation of liberty.
5.- Mitigating circumstances due to minimal responsibility or guilt. -It is im-
portant to note that not only should the legal minimum be taken into account as in
the previous assumption -two years- but also in the case of "diminished accounta-
bility" which in turn results in a decrease in guilt, or in "liability restricted” by the
age of the agent, and consequently in the mitigation of the sentence. They will be
applied in crimes of medium gravity such as crimes of serious injuries, aggravated
theft, simple robbery among others that deserve custodial sentences of three or four
years minimum legal. Also in those cases of serious crime (in tentative degree).
And in all cases of negligent crimes.
For these precepts to be fulfilled, extenuating circumstances must be presented
that allow a substantial reduction of the penalty between factors, the motives and
purpose of the author or participant, their personal characteristics, their behavior
after the commission of the crime; It will also take into consideration those as-
sumptions related to the causes of incomplete guilt, to the type error and
prohibition (beatable) to the error of culturally conditioned diminished understand-
ing, to repentance or secondary complicity, among other factors.
231
Lonny Ferrel Chumpe
6.- Exclusion of public officials.- In cases of “Lack of Punishment” and “Minimal
Guilt”, it is strictly forbidden to apply these criteria of opportunity, when the ac-
cused is a public official and the crime he has committed is when he was in the
exercise of a public function; so are the cases of police officers, mayors, prefects,
sub-prefects among others, when those are in activity of their functions and com-
mit, for example; arbitrary acts, improper appropriations of the collections
entrusted to them by reason of their function, among others. However, it would not
occur, in the supposed case in which a Mayor out of his office when meeting his
irreconcilable enemy, causes blows to him, causing injury to his victim. In this
case, he would be prosecuted for the crime of injury to his victim, but not for abuse
of authority. It should be noted that in the case of "lack of need for punishment",
the possibility of applying these criteria of opportunity with public officials is left
open, because the law does not expressly prohibit it. But it is difficult for criminal
conduct to occur for certain specific cases.
7.- Obligation of Payments or Civil Reparation Agreements. - Finally, it is also
necessary that the accused has complied with the total payment of the civil repara-
tion. It should be understood that in criminal matters there is always a criminal
sensation for the criminal act, in addition to civil reparation. Being the holder of
the exercise of the criminal action the Prosecutor -who can refrain from exercising
by the principle of opportunity- while in civil reparation it is precisely the civil
party, who can claim or resign only in this extreme.
Because in a certain way as far as the criminal sanction is concerned, the Pros-
ecutor no longer makes the complaint and renounces it. While the pecuniary
penalty is the aggrieved who renounces his payment. That is why it is appropriate
that there is a consent of the injured party not to receive payment for civil damages.
It should also be noted that this payment obligation is only required for the cases
of Lack of Worthiness of Penalty and Minimum Guilt; but not so for the assump-
tion of Lack of Need for Penalty.
CONCLUSIONS
The reform of the criminal process carried out by the new Criminal Procedure
Code, which establishes the adversarial-adversarial model, tried to give greater
space to the principle of opportunity and the criminal transaction, as instruments
to decongest the Administration of Justice and avoid thus undue delays, with the
guidelines of said procedural system.
The introduction of the principle of opportunity is presented before the impu-
tation of punishable acts of little gravity and depending on certain circumstances
that must concur in the accused and in the victim, which constitutes a very useful
tool to reduce the procedural burden. Its justification responds to criminal policy
232
THE PRINCIPLE OF OPPORTUNITY IN THE CRIMINAL PROCEDURE CODE
reasons that discourage the opening of the trial and the irrogation of a custodial
sentence, such as: avoiding the criminogenic effects of custodial sentences in those
who have never previously committed a crime; obtain the rehabilitation of the of-
fender by voluntarily submitting to a rehabilitation procedure; stimulate the own
repair of the damage; the convenience of avoiding unnecessary trials or reasons of
procedural economy.
However, I consider that the aforementioned advantages of the principle of
opportunity in its genuine sphere - that of the alternative between bringing criminal
action or not - cannot go through the sacrifice of some fundamental rights.
BIBLIOGRAPHIC REFERENCES
Armenta D, T. (2004) Derecho Procesal Penal, Editorial Comares, Granada.
Bacigalupo, E. (1987), Descriminalización y prevención, en Rev. Poder Judicial,
N° II, Madrid.
Beling, E. (1943), Derecho Procesal Penal, Barcelona.
Cabanas G, J. (1991) El proceso penal español ante una perspectiva de justicia
penal negociada, en Revista de Derecho Procesal dirigida a Iberoamérica, N°
2, Madrid.
Gimeno S, V y otros. (2002) Derecho Procesal Penal, Editorial Colex, Madrid.
Levene, R (2004) Manual de Derecho Procesal Penal, Editorial Depalma, 2da Edi-
ción, Tomo I, Buenas Aires.
Luzón P, D. M (2008). La actuación del Ministerio Fiscal en el proceso penal en
Jornadas sobre la justicia penal. Ministerio de Justicia de España, Madrid.
Luzón P, D. M (1995) La Relación del Merecimiento de Pena y de la Necesidad
de Pena en la Estructura del Delito en Fundamentos de un Sistema Europeo
del Derecho Penal J.M BOSCH – Barcelona.
Maier, J. (1998) La investigación penal Preparatoria del Ministerio Público. Edi-
ciones Lerner.- Buenos Aires Argentina.
Neyra F, J. A (2010). Manual del Nuevo Proceso Penal & Litigación Oral, Edito-
rial IDEMSA, Lima
Roxin, C. (2000) Derecho Procesal Penal, Editores del Puerto, Buenos Aires.
Sendra/M, C. y otro (1993) Derecho Procesal. Proceso penal, Tiran lo Blanch, Va-
lencia.
233
Lonny Ferrel Chumpe
Silva S, J. M. (1992) Aproximación A Derecho Penal Contemporáneo; José María
BOSCH Editores S.A.- Barcelona. Pag.320.
Urtecho B, S. E. (2014) Los medios de defensa técnicos y el nuevo proceso penal
peruano, Ed. IDEMSA, Lima.
234
APPRECIATION OF EXTINCT DANCES OF THE
DISTRICT OF PUCARÁ
Huargaya Quispe, Sandra Imelda
ABSTRACT
The demonstrations in the district of Pucará are becoming more evident, modified
or simply unknown, this happens with the various folk dances that this town has,
as a specific event in the dances pauses and yellow birds or qqellu p'esccos (yellow
birds), Through their costumes, choreographies and music in these dances, the re-
ligious, agricultural and traditional activities that the town has are reflected. In this
way, the rich dance heritage of the Pucará district, in the last half century is in the
process of extinction, due to the decline of the Andean festive calendar, which was
displaced by created and mestizo dances. Therefore, this research work is entitled:
Dance heritage of the Pucará district, which aims to: Identify the dance heritage of
the Pucará district to register and classify them. Likewise, the methodology used
in this research is of a qualitative ethnographic nature. The sample was made with
the dancers of the district of Pucará. As a result, the following conclusion was
reached: Being a study of great importance and great relevance the dances of
Pucará, it will serve as a theoretical contribution and source of registration and
cataloging towards society and people familiar with the subject, being thus, that it
is introduced to a problem of which almost no attention was paid to the extinction
of indigenous dances in the district of Pucará. Likewise, the extinction of the
dances remains in the total oblivion of the collective memory.
Keywords: Choreography, music, dance heritage, pauses, yellow birds, Pucará,
costumes.
INTRODUCTION
Intangible culture means the memory of peoples, the knowledge that our an-
cestors left us to give life to cultural manifestations that have spirit, that can create
them and give us a sense of belonging and identity.
235
Sandra Imelda Huargaya Quispe
The native or native dance is very varied, where they practice their customs
and traditions through dance, each presentation emphasizes their people, origin and
day-to-day living.
Cajías Fernando (2008: 12) mentions that the identity of a community and be-
ing a contribution to cultural diversity, has to be representative of the creativity of
the peoples. Likewise, Blanco (1992) alludes that cultural resources are the result
of human creativity. Within this type it encompasses all those sociocultural mani-
festations such as: Music and dance. Likewise, the folklorist (Fernando Rebutty
Castro, 2015) refers to dance as expressions of the way of being and living of the
man and woman of the country where they present variants that are generated
based on the customs of each town
The purpose of this research work is to contribute to the knowledge of the
dance heritage of the Pucará district, showing the richness and diversity within a
dynamic process. In addition, the important contribution to the cultural heritage of
the region is to show the serious risk of extinction of the typical dances of the
district of Pucará, as has also been happening in the rest of the Puno region, a
problem that has not been given major attention, as it should be done.
This research has been systematized in the methodological part, the analysis of
results where the study consists of the typical dances, autochthonous that became
extinct, due to factors such as the decline of the festive calendar, the displacement
by the mestizo dances of Bolivian origin and other nations; Likewise, this process
is analyzed from the social process of socio-cultural change that takes place in
Pucará, identifying the social actors who star in these dances, to achieve the inte-
gral record of their choreography, costumes, musical accompaniment, it was
investigated through interviews and observation personal coexistence with the
same dancers.
METHODS AND MATERIALS
Methodology
The method that was applied in the present research work is qualitative of an
ethnographic type, by the method of capturing, recording information of real and
current objective facts in Pucará. Therefore, the proposal according to the problem
statement is descriptive, in the process of registration and cataloging of the dances.
Taylor and Bogdan (2000: 78) point out that qualitative research is timely,
valid, that it constitutes an important source of information for understanding atti-
tudes and beliefs, cultural knowledge, and perceptions of a community. Not
leaving aside the knowledge of the ethnographic survey, which Spradley (1978)
cited by Coffey and Atkinson (2003) points out this technique for the analysis of
236
APPRECIATION OF EXTINCT DANCES OF THE DISTRICT OF PUCARÁ
cultural dimensions, it is necessary to propose and carry out an exhaustive analysis
of these dimensions in the human group under study between (symbolic and ma-
terial).
Research techniques and instrument
The techniques and instruments that were applied in the present study are:
TECHNIQUES INSTRUMENTS
Participant observation Observation Guide
Interview Interview Guide
Keep record Oral records and sources
ANALYSIS OF RESULTS
THE PAUSES
1. Gender
Belonging to the religious and traditional genre
2. Historical review
Dance of singular representation, clearly of a religious genre, the first times it
was brought to the stage by enthusiastic settlers; all of them already dead,
Pucareños by birth. Their main purpose of these families was to show that this
dance on the grounds of the Christmas holidays is danced in honor of the Birth of
the Child Jesus, since it is one of the largest festivities in the town, where various
activities are carried out: starting On December 24, the birth of the child is staged,
in which the participation of the dance was visualized. and 29 great bullfights,
where the Christmas party ends; Oral sources also reveal that their permanence in
the pauses dance was for a very short time, which lasted approximately 10 to 15
years, later becoming extinct in view of the fact that none of their relatives or other
people assumed this delicate mission. for continuing to keep this culture alive as a
folkloric manifestation of the Pucará people.
The Pausas dance was founded in honor of the birth of the child Jesus (tradi-
tional festival of the month of December), highlighting in the dance the
imagination and the religiosity in which, with their agile movements and move-
ments in their dance they interpreted reciprocity to the good omens and the strength
of faith, which led the people to dedicate this dance in honor of the birth of the
237
Sandra Imelda Huargaya Quispe
baby Jesus. In the festival, not only the participation of the community was ob-
served, but also the foreigners who celebrated at the end of their good business that
they had done during those days, seized by emotion, danced their own dances from
their place, hence, that Within those dances was the Pauses, as for their music there
is no person who can give more information.
3. Description of the dance
Dance of slow and joyful movement, where young people of both sexes predomi-
nate, reflecting turns and turns in their steps, in the choreographic part it shows a
very simple movement consisting of columns, zigzag.
4. Dance clothing
4.1. Women:
a. On their heads they wear a crown made of flowers.
b. On the body a black jacket.
c. Multicolored sash.
d. Black pleated skirts to below the knee.
e. Two or three shafts inside the skirt.
f. Bare feet.
4.2. Males:
a. Like women, they wear a flower crown on their head.
b. Black cloth shirt.
c. Black pants.
d. Girdle.
e. Chuspas on the sides. (Small bag woven from sheep's wool, used to carry coca
leaves).
f. Barefoot.
238
APPRECIATION OF EXTINCT DANCES OF THE DISTRICT OF PUCARÁ
Fig. 01. Male and female dancers of the dance Las Pausas
5. Music
As for music, there is no information whatsoever, because it is in a state of extinc-
tion, because we are talking about the 1930s of the last century.
6. Choreographic figures of the dance the pauses
Fig. 02. Choreographic design: Sandra Imelda Huargaya Quispe
239
Sandra Imelda Huargaya Quispe
7. Collective characters:
= Man. = Woman.
a. The choreography is very simple, the locals did not understand choreography,
therefore, in the first part, a forward movement is shown in pairs, with slow
movements.
b. In the second part, men and women move in a zigzag, making small turns to
the sides.
DANCE THE YELLOW BIRDS OR (QQELLU P’ESCCOS)
1. Etymology
Yellow bird: Little yellow bird
Qqellu p’esccos: Small yellow bird
2. Gender
It belongs to the religious and traditional genre, for dancing in the accompani-
ment of the birth of the Child Jesus, the patronal feast of the district of Pucará.
3. Historical review
It is a dance that purely male children of 6 - 12 years old danced, the dance of
the yellow birds or Qqellu p’esccos, they wore light yellow and feathered clothes;
It is not known exactly when it was performed and who came to create this dance,
it was danced until the years 1964, therefore it is an extinct dance, since the dance
is no longer practiced for various reasons, one of the factors are that the people
who used to dance died, others left town.
This dance was danced at Christmas, the feast of the birth of the Child Jesus,
carried out on December 24 and 25, dates in which they danced and accompanied
in the various religious ceremonies performing the dance, in such a way that, in
the dance they also became involved the participation and the religiosity of belief
in the faith in children in the face of the birth of the Child Jesus, making the dance
identity of the people known through dance.
4. Description of the dance
Because it is a traditional religious dance for children, it is agile, with move-
ments from side to side forming a choreography in lines, zigzag, circles imitating
small birds such as yellow birds.
240
APPRECIATION OF EXTINCT DANCES OF THE DISTRICT OF PUCARÁ
5. Dance clothing
5.1. Males:
a. On their heads they wear a crown made of yellow feathers imitating small birds.
b. He wears a yellow cloth stained on the body.
c. A yellow cloth pants.
d. On top of his clothes he wears feathers scattered all over his body, well glued.
Fig. 03. Dancer of the yellow birds or the Qqellu p’esccos
6. Music
There is no information regarding the melody, the instruments they used are:
2 people play pinquillos (quenas), one who plays the box (tambourine) and finally
another accompanies with the bass drum.
241
Sandra Imelda Huargaya Quispe
7. Choreographic figures of the yellow birds dance
Fig. 04: Choreographic design: Sandra Imelda Huargaya Quispe
8. Collective characters:
= Child represents the yellow birds.
Children advance in two columns turning to the right and left.
a. Dancers move back and forth and then form two lines.
b. They do a zigzag choreography entering from both sides.
c. They form a circle where three dancers enter the center, then they return to their
place.
242
APPRECIATION OF EXTINCT DANCES OF THE DISTRICT OF PUCARÁ
d. The other three remaining enter the center and return to their site.
e. They form a choreography of T, and then leave the stage.
CONCLUSIONS
Ignorance about the dances of Pucará was evidenced, the pauses and yellow birds,
the little interest that is presented to cultural resources, the music in the original
dances has been varying since its inception, they have not only been created for
dance functionality, but they have done to constitute their experiences as such,
using them as elements that are necessary to continue with the identity in each
corresponding town or region.
Some indigenous dances in the district of Pucará, became extinct due to the lack
of bibliographic information, audio visual and also due to the disinterest of the
inhabitants and downplaying the importance of indigenous dances. Likewise, the
practice of indigenous dance fosters cultural identity, revaluing our customs, be-
liefs and traditions. The richness of its choreography, costumes, symbolic content,
is part of the sustenance of the quechua cultural identity.
BIOGRAPHICAL REFERENCE
Castro, F. R. (20 de 02 de 2015). La danza costeña es alegre, vivaz y propia. El
Diario.
Cajías, de la Vega, F. (2008). La Gestión Cultural en Bolivia. Cultural Apuntes
Materia Gestión del Patrimonio.
Coffey, A. y Atkinson, P (2003). Encontrar el Sentido a los Datos Cualitati-
vos. Colombia: Antioquia
Charaja, F. (2019). El MAPIC en la Investigación Científica. Perú: Corporación
MERU E.I.R.L.
Hernández Sampieri, R. & Fernández Collado, C & Baptista L. P. (2006). Meto-
dología de la Investigación. México: McGraw-Hill.
Paniagua, F. (2007). Glosas de danzas del altiplano peruano. Puno: Facultad de
Ciencias Jurídicas y Políticas de la UNA - Puno.
Taylor, S. y Bogdan, R. (2000). Introducción a los métodos cualitativos de inves-
tigación. México: Paidós
243
MUSICAL TEACHING PROCESS IN INSTRUMENTAL
TECHNIQUE WORKSHOPS
Huanca Duran, Efrain
ABSTRACT
The present research on the process of musical teaching in the instrumental tech-
nique workshops was carried out at the National University of the Altiplano,
Professional School of Art, Music Program, in the three subspecialties of bronze
instruments, with the aim of identifying the process of teaching carried out by the
music teacher within the instrumental workshops. The data have been collected
and systematized through the research instrument, such as the questionnaire, which
is summarized in tables of a total population of 33 students, of which 21 from the
Trumpet instrument, 9 from the Trombone instrument, and 3 from the Euphonium
instrument. The results achieved are that the teacher uses strategies such as moti-
vation, instrumental planning, using the constructivist model, the active method,
the dialogue technique with the student, and final evaluation of instrumental learn-
ing as teaching strategies within the Instrumental Technique Workshop. This is
demonstrated in the results of this research work.
Keywords: Learning, Musical instrument, Teaching process, Technique work-
shop.
INTRODUCTION
Currently, music education develops the memory, attention and concentration
capacity of children and young people of different ages. All this helps to socialize
and encourages collaboration within a learning process. And at the same time, it is
very important to publicize the teaching processes of the teacher as a music facili-
tator within the music workshops. According to Gillanders & Candisano (2016) in
the general teaching of music, the teacher directs the instrumental groups, using
non-verbal motivational strategies and assertive teaching. However, Andreu
(2011), cites two authors who are related to teaching, according to Ericsson (1998),
motivation is a key factor for the subject who makes an enormous effort over many
years, to improve and evolve in their musical development with the aim of achiev-
ing excellence in interpretation, of others who stop to achieve an acceptable
245
Efrain Huanca Duran
mastery of musical practice. Hallam (1998) also points out that the studies that
associate motivation are the beginning of the musical studies that concur in group-
ing the agents involved in this process.
The pedagogical models used by teachers fulfill a specific function, and that is
to guide the educational process. Thus, the transformation of the sociocultural, the
central basis of the formation of the individual, which must be coherent and con-
tribute to the development of its own context. Being consistent with the
pedagogical practice, the program and the profiles developed by the institution.
(Santander, 2012), points out, that there are three predominant teaching models or
ideologies (transmission, conditioning and constructivist), which serve as the basis
for the teachers' practices, above all, each model responds to different situations of
efficiency.
The music teacher, in many opportunities uses traditional teaching, for the rea-
son that some students do not have sufficient knowledge in relation to music.
According to Suares (2009) shows us that the traditional is focused on the teaching
content, where the important thing is to achieve certain conceptual or attitudinal
learning objectives, clearly defined by the school. The teacher is the protagonist of
this process, since he is the expert who guides the inexperienced student along the
defined path, and who evaluates his achievements. In the same way, Santander
(2012) explains that the traditional transmission or perspective model conceives
teaching as a craft activity and the teacher as a craftsman.
The conditioning model is based on the studies of Frederic Skinner and Iván
Pavlov on learning; here, the means are generally given to arrive at the expected
behavior and verify its obtaining. In this behaviorist model, knowledge that is so-
cially accepted is transmitted, the goal of an educational process is the shaping of
behaviors that are considered adequate and technically productive. The teacher
presents learning situations, and the stimuli are programmed to achieve the desired
responses. The objectives must be clearly established and the teaching is to obtain
their achievement. Learning can have an active nature, through the manipulation
of elements of the environment, to achieve a programmed behavior (Castillo et al.,
2008).
Villalobos (2016), in his work points out that, of all the pedagogical models
discussed, the constructivist is the one that is most fashionable, it is framed within
a current of thought or a set of currents that proliferated in many disciplines and in
different ramifications during the last century. When we look for the roots of mod-
ern pedagogical constructivism, we come across Jean Piaget, for whom the
development of intelligence is described and explained in terms of the adaptation
of the organism to its environment. Which is carried out through two mechanisms;
246
MUSICAL TEACHING PROCESS IN INSTRUMENTAL TECHNIQUE WORKSHOPS
assimilation, the organism's action on the objects that surround it, and accommo-
dation, which must be understood as the modifications it undergoes as a
consequence of the assimilations it carries out (Piaget, 1983). Likewise, according
to Piaget (1977), in intellectual activity there are two processes that because what
has been called a cognitive imbalance: assimilation (inclusion of a new element in
a structure) and accommodation (adaptation of the structure to integrate said ele-
ment).
To reach a satisfactory teaching process, teachers must also use different meth-
ods, which are the path or direction that must be followed to reach an end or a goal
(Álvarez, 2015). This concept implies that we can seek and choose a path to reach
a certain goal, regardless of difficulties. Method is the shortcut or path that leads
to an end. In the field of didactics this aim is the achievement of educational ob-
jectives. Also, Henríquez (2015), demonstrates two statements about concepts of
teaching methods by Salvador & Gallegos (2009), who point out that this concept
is related to the logical path that is traced to achieve a goal, in the educational field,
of this goal falls on a quality training process for both teaching and learning. In the
case of Medina (2009), he emphasizes that the method is the set of informed deci-
sions and achievements that facilitate teaching action.
The technical word is the procedure that seeks to effectively obtain a teaching
process, through a certain sequence of steps, in an orderly manner to carry out a
goal. Its stages clearly define how the course of actions must be guided to achieve
the proposed objectives. Thus, they are conceived as the set of activities that the
teacher structures so that the student builds knowledge, in addition to participating
together with the student in the recovery of their own process. In this way, didactic
techniques occupy a central place in the teaching-learning process, they are the
activities that the teacher plans and carries out to facilitate the construction of
knowledge (Ferreira et al., 2009). Now it can be seen that according to Avanzini
(2002), the didactic technique is a logical procedure and with a psychological foun-
dation intended to guide the student's learning, they are procedures that seek to
obtain through a certain sequence of steps or behaviors. That determine in an or-
derly way the way to carry out a process, their steps clearly define how the course
of actions should be guided to achieve the proposed objectives. The didactic tech-
nique is the particular resource that the teacher uses to carry out the purposes
planned from the strategy.
According to León (2010), or the Asertum group, establish three stages to
structure a class; which is, the opening, the development and the closing. These
stages coincide with learning process modules that are considered when referring
to three moments to explain the learning process, which is the activation, acquisi-
tion and practice of learning contents (Sánchez et al., 2015), and they argue also,
247
Efrain Huanca Duran
three learning moments. The moment of learning activation is the stage that corre-
sponds mainly to the teacher, who has the responsibility of selecting and planning
the actions, contents, instruments, times and possible scenarios for the assimilation
of knowledge. The moment of acquisition of learning is the process of assimilation
of educational content by the student. Here the activity is transferred to the learner,
as well as the participation of the teacher to facilitate the understanding and assim-
ilation of the contents. The third moment refers to the practice with the educational
content. Where the student's activity is transferred to the resolution of exercises
and activities. Finally, when the knowledge achieved is consolidated, one can al-
ready speak of a domain (knowing how to use something).
METHODS
The present research work was carried out in the Professional School of Art of
the National University of Altiplano-Puno, specifically with regular students, who
study in the bronze instrumental technique workshops of the Music Program. The
study population was constituted by the totality of the 33 students of bronze instru-
ments that are; Trumpet, Trombone and Euphonium from 1st to 10th semester,
studied in the Music Program. The research sample is constituted, with the total of
33 students of bronze instruments, by the reduced population of students of said
instrument, and thus be able to achieve the objectives and hypotheses of the inves-
tigation. The type of research that was carried out corresponds to the basic type.
For Hernández et al. (2010), basic research is characterized because the results of
the research are knowledge about the reality to be investigated.
The research level is descriptive analytical, because it will allow the researcher
to describe and analyze the phenomena, as it is and how it manifests itself in the
present moment (Sánchez & Reyes, 2006). And the research design is quantitative,
Non-Experimental, because no manipulation of variables will be carried out. That
is, these are studies where we do not intentionally vary the independent variables
to see their effect on other variables. What we do is observe phenomena as they
occur in their natural context, to later analyze them (Hernández et al., 2010).
RESULTS
In this chapter, the data and results obtained in the analysis of the information
collected in the research process are presented as follows:
248
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Libro Idiomas 22-11-2021 8 NORMAL PRN
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