TRASPLANTE JURÍDICO ORDOLIBERAL: LA FUNDACIÓN KONRAD ADENAUER EN AMÉRICA LATINA, CON PARTICULAR ATENCIÓN AL ORDENAMIENTO JURÍDICO PERUANO

The thesis of this investigation examines the hegemonic mechanism of circulation and legal transplant of ordoliberalism in Latin America, as practiced by the German political foundation, Konrad Adenauer. Konrad Adenauer Stiftung is represented as a transnational private legal entity, which serves as an intellectual meddler that engages in the transculturation of native populations, linked to postmodern and postdemocratic practices of governance and soft law in the realm of Modernism and that of Latin American pre-Modernism. The thesis aligns with several constitutional texts that have taken into account the ordoliberal formula of the social free market while valuing the consequences of Cooperative Law as a biopolitical device for domination, a device of conforming and discipline individual behaviors, and as a way to recreate the constitutional conditions of the concurrent market. The Peruvian legal regulations are approached through the analysis of constitutional texts and the work of jurisprudent re-appropriation of ordoliberalism present in the Constitutional Tribunal. The recent Peruvian Consumer’s Protection and Defense Code is described as a text directed to the correction of the informational asymmetry that affects the market prices of the concurrent mechanism for the sake of making efficient the role of the consumer quasi-police-like as a human device of Darwinist selection. The Consumer’s Protection and Defense Code is valued in its educational aspect, directed as a means of educating the mass of consumers for the shaping of an efficient demand so that the functionality of the economic system decreases the probabilities of risk and its provisions are predictable and calculated.