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November 16, 2022
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The Judiciary suspends the decree that intervenes in the management of the Magisterial Spill

The Judiciary suspends the decree that intervenes in the management of the Magisterial Spill

The Judiciary granted a precautionary measure in favor of the provisionally suspending the effects of the modifications to the statute of said institution made by the government through Supreme Decree No. 009-2022-Minedu.

The aforementioned norm, it is recalled, was issued by the government of last July in order to intervene in the management of the Magisterial Spill despite the fact that it is a legal person under private law with administrative and economic-financial autonomy.

The legal provision also intervened directly in the statutes of the institution by imposing changes in the structure.

The precautionary measure granted yesterday by the Eleventh Constitutional Court of the Superior Court of Justice of Lima is immediately applicable until a firm and definitive pronouncement is issued in the main process that has been scheduled for May 2023.

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The legal representative of the Magisterial Spill, Natale Amprimo, welcomed the decision of the Judiciary in favor of the institution and pointed out that it suspends all the modifications that “improperly and arbitrarily were introduced by the government.”

“These changes are on hold until the amparo claim formulated by the Derrama is finally resolved. It is a well-supported resolution and we must congratulate the court that issued it and that courageously and clearly precisely states that it is not possible for a private legal entity to intervene through a supreme decree,” explained the lawyer.

In addition, he stressed that the resolution is in force until a firm and final pronouncement is issued, that is, until the trial concludes.

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