The 2026 elections They will be different, not only because we will have a historic number of political parties authorized to present lists, but because Peru will once again have a bicameral parliamentary system and because the economic contribution of private companies to political campaigns will be allowed, which was erroneously and in a populist manner. eliminated from the electoral regulations after the corruption scandal involving the Brazilian company Odebrecht.
LOOK: Constitution Commission gives the green light to private contributions to political parties
Regarding financing, currently natural persons can contribute a maximum amount of 120 UIT. The Constitution Commission of Congress, chaired by Fernando Rospigliosiapproved this week to raise the limit to a maximum of 200 UIT in a calendar year and include the contribution of national legal entities, that is, companies. Each company may donate up to 500 UIT in total per year regardless of the number of political parties to which it contributes.
What happens if a party does not declare a contribution or does so, but with an amount less than the amount entered? The rule contemplates that “contributions that are not declared or that exceed the permitted limits do not constitute or are presumed to be a prohibited source; Its violation generates administrative responsibility, in accordance with the provisions of article 36 of the Law (28094).” That is, there would be no crime.
On the other hand, the proposal also contains that natural or legal persons may make contributions of up to 40% of the maximum amount through a Banco de la Nación account, but the entity “will ensure that, in the deposit receipt or transfer, the name of the political organization to which the contribution is directed is not stated; in such a way that the confidentiality of the contributor is preserved.”
CHANGES AND CONTROVERSIES
In this regard, Jose Manuel Villalobosa specialist in electoral law, said that it is “positive that legal financing or clean contributions that a natural or legal person can give are allowed, from a known source that will be reported to ONPE.” With this, he continued, “you counteract the need for parties to finance their campaigns with illegal money by not being able to access legal sources of financing.”
However, he said that “the article that states the possibility of making anonymous contributions through the Banco de la Nación “should not go unnoticed.”
“Congress says that this would prevent the financier from asking the party to return the favor, but I believe that financing always has to be transparent; There should be no anonymous contributions of any kind. Financing is governed by the principles of transparency and publicity,” he told Peru21.
He also questioned that, when a party does not declare the amount received or declares a lower amount, it only incurs an administrative offense.
Meanwhile, congressman Fernando Rospigliosi told this newspaper that the idea of confidential contributions through the Banco de la Nación came from the Wiñaq Center and legislator Alejandro Muñante, and that “it could be good, we will have to experiment” in the elections of 2026.
Regarding the administrative sanction that would fall on the organization that does not declare or declares a contribution amount different from the actual one, the head of the Constitution maintained that “it was like that before” and that, despite this, “they have illegally persecuted political parties.” . As is known, Fuerza Popular, the Nationalist Party and Podemos are the subject of judicial proceedings for campaign contributions: while the first two are in the trial stage, the latter faces the investigation stage.
But just as some parties were unionized on the basis of this punitive legislation, some business leaders are also prosecuted, some of them even disproportionately and unfairly, such as the case of Ricardo Briceño.
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