The effectiveness of the effective collaboration system in combating organized crime in Peru: A critical analysis from criminal policy and fundamental rights

Abstract

In Peru, organized crime constitutes a persistent threat that challenges security and the validity of the constitutional rule of law. In response, exceptional mechanisms of criminal prosecution have been adopted, such as the effective collaboration system. The extensive use of this mechanism has raised questions regarding its actual effectiveness and its compatibility with fundamental rights. This study adopts a qualitative approach based on a legal–dogmatic and analytical–critical literature review. Doctrinal, normative, and jurisprudential sources were examined, applying normative, jurisprudential, documentary, and comparative analysis methods to identify trends, gaps, and frictions in the application of the system. The findings indicate that effective collaboration has enabled the acquisition of strategic information and the investigation of complex criminal organizations; however, its effectiveness is uneven and depends on the quality of corroboration, judicial oversight, and institutional coherence. Additionally, risks of instrumentalization and adverse impacts on procedural guarantees are identified. The results reveal the ambivalent nature of the system, as operational achievements coexist with constitutional tensions, thereby exposing a gap between the objectives articulated in criminal policy and their practical implementation. It is concluded that effective collaboration is a relevant but limited instrument, whose legitimacy requires strict constraints, reinforced evidentiary standards, and the establishment of an effective balance between penal effectiveness and the protection of fundamental rights.