The Supreme Court rejected the request of the Prosecutor’s Office to cancel the registration of Popular Forceby declaring unfounded the request for illegalization presented in September 2025. The decision was adopted by the Fifth Chamber of Transitory Constitutional and Social Law, which resolved the special process followed against the political organization linked to Keiko Fujimori.
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In the ruling, the highest court held that the banning of the party did not pass the proportionality test required by the Constitution. According to the Chamber, the measure was neither suitable nor necessary to protect the democratic order, despite the antecedents surrounding Fujimorism and its political actions in recent years.
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The magistrates warned that a possible illegalization would have implied a serious impact on fundamental rights, such as freedom of political association, citizen participation and freedom of expression. They also pointed out that the impact on political pluralism would have been disproportionate to the goals pursued by the Prosecutor’s Office.
The ruling is known in a key context, marked by the proximity of the elections 2026process in which Popular Force It seeks to remain current despite its political wear and tear, the investigations involving its leader and its role in the permanent confrontation with other State institutions.
Court rules out constitutional basis to outlaw Fuerza Popular
One of the central points of the ruling is that the Supreme Court concluded that the Prosecutor’s Office did not prove that the illegalization of Popular Force was an adequate tool to safeguard the democratic system. The court indicated that it was not demonstrated that the banning of the party resolved the risks indicated by the Public Ministry.
The Court also ruled out that acts attributed to violent groups could be directly attributed to the political organization. However, the statement does not validate the party’s political conduct nor does it erase questions about tolerance for aggressive speeches and practices that have eroded the democratic debate in recent years.
Finally, the court held that the purpose pursued by the Prosecutor’s Office It was not constitutionally legitimate, prioritizing an extreme measure that would have restricted political rights in the pre-electoral scenario. The resolution does not imply a vindication of Fujimorism, but rather a legal limit on State intervention, while investigations and criticism of the role of Popular Force in the country’s political crisis.
Delia Espinoza submitted a request to cancel the registration of Fuerza Popular before being suspended
The then prosecutor of the Nation, Delia Espinozafiled an application to cancel the registration of Popular Force last September, one day before being suspended from office by the JNJ. The request was based on alleged undemocratic conduct attributed to the party led by Keiko Fujimoriwithin the framework of a special process provided for in the Law of Political Organizations.
In your request, the Prosecutor’s Office He maintained that Fujimorism repeatedly engaged in practices that affected the democratic order, such as harassment of institutions of the justice system, the systematic use of confrontational speeches and the normalization of violent actions from its political environment. The document also questioned the party’s impact on institutional stability, especially during recent legislative periods.
The request proposed the cancellation of party registration as an extreme measure, considering that ordinary sanctions were insufficient given the seriousness of the alleged acts. However, the Supreme Court concluded that the request did not meet the required constitutional standards, although the ruling does not distort the political and judicial questions that continue to weigh on Popular Force facing the elections 2026.
