Challenges of Access to Justice for the Venezuelan Population in Peru

Abstract

This article critically examines the structural challenges of access to justice for the Venezuelan population living in Peru, from a human rights and Latin American critical theory perspective. Through documentary and normative analysis, the study identifies the main legal, institutional, and sociocultural barriers affecting migrants: irregular migration status, lack of valid documentation, institutional discrimination, and the absence of inclusive justice policies. The exclusion of migrants from the justice system is shown to stem not only from legal gaps but from structural inequalities that reproduce historical patterns of subordination. Drawing on Ferrajoli’s theory of legal guarantees and Boaventura de Sousa Santos’ and Uprimny’s Latin American critical sociology, the article advocates for a transformative approach to law that embraces cultural diversity and ensures substantive access to justice. It concludes that inclusive justice demands interinstitutional policies grounded in human rights and universal citizenship, recognizing migrants as full rights-holders rather than conditional beneficiaries.