The arequipa dilema, preservation of the countryside and planned urban expansión

Abstract

This article addresses the issue of urban expansion and development in a city where two factors converge: uncontrolled demographic growth and rural areas recognized as world heritage sites, a circumstance that has generated institutional tensions between state entities seeking to fulfill their respective regulatory functions. In this context, the objective of this research is to determine whether the Public Prosecutor’s Office may intervene in the urban planning powers constitutionally recognized to local governments. The methodology employed is the legal-dogmatic approach, through which the issues related to the systematic structure of legal norms and the material outcomes derived from their application are examined. It is concluded that the intervention of the Public Prosecutor’s Office in matters of urban planning should operate as a measure of ultima ratio, to be considered only when the Municipalities—being the constitutionally empowered authorities—fail to act. In the event of a jurisdictional dispute between both institutions, the constitutional provision granting prerogatives to Municipalities must prevail.