Prohibition. The Popular Action caucus introduced a legislative initiative to Presidents of the Republic who are vacated from office, or suspended from their functions, are prohibited from running, againin a few immediate general election.
Indeed, by means of Bill No. 2928/2022-CR, the proposal, whose author is the legislator Elvis Vergarahas as purpose define the impediments to be able to apply for the position of presidency incorporating in article 112 of the Political Constitution that those who swear in and assume the functions of President of the Republic “cannot apply for the presidency in the immediately following period.”
The document specifies that they are prohibited from applying: Vice Presidents of the Republicas well as those leaders who were vacated by causes 2,3,4 and 4 of article 113 of the Constitution. In addition, they are also prevented from aspiring to the position those presidents who were suspended for reasons indicated in article 114 of the Magna Carta.
“After another constitutional period, at least, the former president can reapply, subject to the same conditions. Anyone who has also been sworn in as president under any legal circumstance cannot run for the presidency of the Republic in the immediate general elections.”, the document reads.
The project recalls that in the last presidential period 2016-2021 up to 4 presidents of the Republic succeeded due to different legal situationsall within the context of the figure of the presidential succession foreseen in the Constitution.
That is, the one started by Peter Paul Kuczkynskiwho tendered his resignation and was replaced by Martin Vizcarrawho upon being vacated by Congress was replaced by Manuel Merino de Lama (President of Parliament at the time) and who was finally replaced by Francis Sagasti, all in a period of 5 years.
“Those who had held the position of president in the period 2016-2021 were in the dilemma of being able to participate as presidential candidates (…) generating a great debate in this regard, which meant that in the case of the candidate Francisco Sagasti proceeded to present his resignationso as not to affect the electoral process and the legitimacy of the presidential figure”, he expresses.
Therefore, the project states that “it is necessary to establish a constitutional legal framework where the rules on the application of the prohibition of immediate re-election to those who have held the position of president, under any presidential modality or circumstance regulated in the Constitution”.
