Relationship between effective penalties based on the biological pattern of human behavior in the crime of usurpation and the protection of possession and property rights

Abstract

Usurpation infringes upon possession and property rights, generating social conflicts and revealing inconsistencies in the enforcement of criminal sanctions. The objective of this study was to evaluate the relationship between effective penalties, according to the biological pattern of human behavior in the crime of usurpation, and the protection of possession and property rights. The research was conducted under a quantitative, basic research approach with a non-experimental, cross-sectional, and correlational design. The population consisted of approximately 130,000 legal professionals registered in Peru, from which an intentional sample of 11 judges, prosecutors, and trial attorneys with experience in usurpation cases was selected. A five-point Likert-scale questionnaire and a structured interview were administered. Data were processed using IBM SPSS Statistics 29.0 through descriptive statistics and Spearman’s rank correlation analysis. The results showed that 72.8% of participants perceived the importance of effective penalties at high and very high levels, while 63.7% expressed a favorable perception regarding the protection of possession and property rights. Furthermore, a moderate positive correlation was found between both variables (ρ = 0.44), although it was not statistically significant (p = 0.15). It is concluded that legal practitioners recognize the relevance of effective penalties in strengthening the protection of possession and property rights; however, greater uniformity in the application of legal provisions and further empirical evidence are required.