A clash between the judiciary and the Constitutional Court.

More autonomous institutions join in the rejection of the latest convictions of the Constitutional Court (TC). The turn fell to Plenary Chamber of the Supreme Courthighest instance of Judiciary (JP)who gathered to launch a statement against the decision of the highest interpreter of Magna Carta that blocks any type of control over the decisions they can make in the Congress of the Republic.

“The judiciary cannot agree with the reasons given for the aforesaid judgment of the Constitutional Court. On the contrary, it expresses its concern about the legal conception it assumes and underlines the serious effects it can have for the protection of the fundamental rights of citizens and judicial independence,” the statement said.

In addition, they argue that the Constitutional Court’s judgment “annulled resolutions issued by three courts of first instance in two pending amparo proceedings”. Likewise, he denounced an alleged functional behavior of the judges who issued them to determine possible disciplinary responsibilities.

“As we have always emphasized – continues the statement – judicial independence identifies the judicial function itself; it is its maximum guarantee and its nuclear quality and guarantees the proper functioning of the jurisdiction: the resolution of conflicts in a disinterested manner and through the law,” they add.

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Pronunciation of the judiciary.
Pronunciation of the judiciary.

In addition, the magistrates indicated that “the political constitution in force guarantees an untouchable field for the exercise of jurisdictional power, without interference, limitation or condition, all the more so when it comes to controlling the activity of other public powers, by its very nature to judge and to apply what has been judged, cannot be hindered by jurisdictional claims”.

“The control of the legitimacy of jurisdictional decisions – 2 –, while safeguarding the value of legal certainty, is exercised through the system of appeals and, where appropriate, habeas corpus and amparo procedures when they affect constitutional rights outside of due process. procedure,” they note.

At the end of the communiqué, the supreme judges stress that full control of the exercise of political power covers the Executive and the Congress. “Therefore, what cannot be accepted is to underestimate the role of the court in charge of the judiciary or, de facto, to create areas of jurisdictional immunity for the benefit of other organs of the State, at the serious risk of upsetting the balance of powers and deviating from the constitutional system designed by our fundamental law”, they decide.

The institutional position of PJ Arrives after two weeks.

according to the newspaper The Republica group of judges who make up the plenary chamber of the Supreme Court asked Javier Arevalo Vela, Head of the Judiciary, to issue a pronouncement on the sentence of the TC. However, he reportedly tried in vain to postpone the issue with the advice of Pedro Angulowho was the first chief of staff of To Boluarte and, currently, he is under investigation for the deaths that occurred during the social protests in December.

Arévalo Vela was elected by the Plenary Chamber of the Supreme Court as the new President of the Judiciary.
Arévalo Vela was elected by the Plenary Chamber of the Supreme Court as the new President of the Judiciary.

Despite Arévalo’s attempt, it was finally put to the vote and won by the faction of magistrates who wanted to challenge the judgment of the TC undermining the autonomy of their institution. The result is final: eleven votes for the decision, six against and one abstention.

Among the Supreme Holders who were in favor was César San Martín, Víctor Prado Saldarriaga, Elvia Barrios, Héctor Lama More and others. On their side, in opposition were Arévalo, Ana María Aranda Rodríguez, Emilia Bustamante Oyague, Silvia Rueda Fernández, to name a few.

Ulises Yaya Bustamantehead of the Judicial Control Officewas the only person who refrained from adhering to any position.

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