He Constitutional Court declared the request for a precautionary measure filed by the National Board of Justice (JNJ) founded, and ordered the provisional suspension of the order issued by the Judiciary that ordered the reinstatement of Delia Espinoza in the position of Attorney of the Nation.
By a majority of four votes against three, the TC stopped the execution of the ruling of the judge of the Ninth Constitutional Court that had ordered the JNJ to restore Espinoza to his position.
The decision of the Constitutional Court comes after the JNJ Attorney General’s Office presented a letter reminding the deadline to comply with the replacement, warning that, if not complied with, procedures for disobedience would be initiated, including the possibility of criminal complaints against the members of the plenary session.
The precautionary measure was considered necessary given what the JNJ calls a “danger in the delay” in the definition of the institutional conflict, that is, that the restitution ordered by the Judiciary could generate irreversible effects before the merits of the process are finally resolved.
Judges Luz Pacheco Zerga (with voting grounds), Francisco Morales Saravia, Cesar Ochoa Cardich and Pedro Hernández Chávez voted in favor of declaring the precautionary measure founded. Judges Helder Domínguez Haro, Gustavo Gutiérrez Ticse and Manuel Monteagudo Valdez did so against him.
The controversy began when, in October 2025, the Ninth Constitutional Court of Lima issued a precautionary measure that suspended the effects of a sanction imposed by the JNJ and ordered the immediate reinstatement of Delia Espinoza as Prosecutor of the Nation, after considering that the suspension and processes against her violated constitutional guarantees.
Despite the court ruling, the JNJ questioned the formal and substantial requirements of the act that removed Espinoza, and considered that the judge would have interfered with its exclusive powers. With that argument, the JNJ presented the request to the TC, which today has been partially accepted.
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