He Judiciary suspended the replacement process Delia Espinoza in charge of Attorney of the Nationafter the Constitutional Court ordered to paralyze the protections related to the conflict of powers between the National Board of Justice and the Judiciary itself. The decision puts on hold any statement on the substance of the request from the head of the Public Ministry.
The resolution was issued by the Ninth Constitutional Court of Lima, in charge of the magistrate Juan Torres Tassowho concluded that the case can no longer be processed by the ordinary constitutional jurisdiction while the highest interpreter of the Constitution resolves the jurisdictional process.
The court evaluated that the Constitutional Court granted a precautionary measure requested by the JNJ, through which the effects of various judicial resolutions were suspended, including the one that admitted the lawsuit for processing. Delia Espinoza.
In this scenario, the Judiciary determined that continuing with the protection would imply interfering in a conflict of powers between powers of the State, a situation that, according to constitutional regulations, must be resolved exclusively by the Constitutional Court.
YOU CAN SEE: Permanent Commission summons Delia Espinoza this December 17 to evaluate her second disqualification
Delia Espinoza’s process is frozen after a TC measure requested by the JNJ
The National Board of Justice presented before the Constitutional Court a jurisdictional process against the Judiciaryalleging that the latter had invaded its powers by admitting and processing requests for protection against its disciplinary resolutions.
The Constitutional Court admitted the claim and granted a precautionary measure ordering the suspension of the effects of various judicial resolutions and ongoing processes, including those related to Delia Espinozauntil a final ruling is issued.
For the judge Juan Torres Tassothis scenario prevents any pronouncement by the PJ, since the conflict has been elevated to the highest constitutional control body, whose decision will be decisive in defining the limits between the JNJ, the Judiciary and the Prosecutor’s Office in the designation of the Attorney of the Nation.
Delia Espinoza’s key requests in her protection against the JNJ
In his request for protection, Delia Espinoza requested that the nullity of the resolution of the National Board of Justice ordering the reinstatement of Patricia Benavides in the position of Attorney of the Nationconsidering that it violates their fundamental rights and the autonomy of the Public Ministry.
The owner of the Prosecutor’s Office She also asked that the validity of the agreement of the Board of Supreme Prosecutors that appointed her to the position be recognized, arguing that said body is the only one competent, according to the Constitution, to choose who heads the Public Ministry.
Additionally, Espinoza requested that any disciplinary procedure initiated by the JNJ against him be suspended, linked to his acts of defense against the execution of the controversial administrative resolution.
