The congresswoman Martha Moyano has presented the draft of the new regulations of the bicameral Congress, which will begin operations in July 2026.
What has caught the attention of the document is that it establishes the possibility of suspending the President of the Republic from office with fewer votes than to vacate him. To declare the vacancy, the regulations indicate that the favorable vote of 2/3 of members of the Chamber of Deputies and the Senate is required.
Article 84 of the draft regulations states that the President of the Republic incurs “temporary incapacity” if he has “complaints about serious criminal offenses that merit a preparatory investigation, after having concluded the preliminary investigation stage at the Public Ministry.” “.
“It is based on complaints that fall on the person who exercises the presidency of the Republic for his alleged participation in crimes committed against the public administration or State assets, illicit drug trafficking, terrorism and crimes committed by criminal organizations, and that merit the “immediate carrying out of a preparatory investigation to clarify the revealing signs of the existence of one or more crimes that appeared in a previous preliminary investigation carried out by the Public Ministry,” stipulates the project.
Currently, the Congress regulations only regulate the presidential vacancy, which requires 2/3 of the favorable votes of the 130 congressmen to be approved.
The draft regulation presented to the Constitution Commission establishes that only 3/5 of the votes in the Chamber of Deputies and the Senate are required to suspend the President of the Republic. That is, 78 votes in the Lower House and 36 in the Upper House.
Another peculiar situation is that the suspension of the President of the Republic may be up to 24 months. If a suspension is approved for this period, the eventual president would not be in office for 40% of his 5-year period.
The initiative, along with the draft regulations of the Senate and the Chamber of Deputies, still need to be debated and voted on by the Constitution Commission.
“Brought back to vacancy”
The constitutionalist Alejandro Rospigliosi He considered that the new regulation is “a return to the vacancy” because the benches with enough votes can suspend the president, but not vacate him.
“It is a shocking return to the vacancy. On July 29, 2026, the benches were looking for any reason to suspend it,” he told Peru21.
Likewise, he pointed out that the two-year suspension period is very short given the delay of the processes in Peru: “To date there is no final criminal sentence against Humala, Kuczynski, Vizcarra, Castillo. This shows that criminal justice is slow and the deadline is insufficient.
The lawyer considered that legislators should review the debate diary of the Democratic Constituent Congress that drafted the Constitution “to see what the causes are for suspending a president. They were for health issues, not for what this draft proposes.”
Finally, the constitutionalist warned that approving the regulation could generate more crisis because the suspended president’s lawyer could file a claim for protection or a claim of unconstitutionality against the regulation itself: “You are going to generate anxiety, generate instability.”
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