The candidacy of Mario Vizcarrabrother of the convicted Martin Vizcarrais in the hands of the Special Electoral Jury (JEE) of Lima Centro 1. The electoral body must resolve the three objections presented against the head of the presidential slate of the Peru Primero political party.
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The main and only argument that supports the requests for the exclusion of Mario Vizcarra as a presidential candidate is that he stated in his Affidavit of Resume (DJHV) who, in October 2005, received a firm suspended sentence, issued by the Mixed Court of Moquegua, for the crime of embezzlement.
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Likewise, requests for strikeouts remind us that the same VizcarraHe recorded that the sentence was served and that “he is rehabilitated.”
In this context, on Monday, December 29, a citizen presented the first complaint. At first, the order was declared inadmissible because proof of payment was not attached; However, the defect was corrected and, on Tuesday the 30th of this month, the JEE of Lima Centro 1 admitted the appeal for processing.
On the same Tuesday, two other citizens submitted similar requests. One of them was admitted for processing, while the other – until now – was declared inadmissible due to the lack of proof of payment. Only today, December 31, was this observation corrected, so the JEE must decide whether or not to admit the appeal for processing.
After two objections were accepted for processing, the JEE granted the political organization Perú Primero a maximum period of one day after receiving the notification to present its defenses as part of its right to defense. According to the portal of the Electoral Platform of the National Election Jury (JNE), this Wednesday the 31st the party group was notified of the decision. That is, the calendar day that was provided would expire tomorrow, January 1, 2026.
Arguments of the blemishes against Mario Vizcarra
The objections are based on the fact that, in accordance with article 107, literal j), of the Organic Law of Elections (LOE), a person who has a final conviction for the crime of embezzlement in his or her record cannot run as a presidential candidate in a popular election.
Furthermore, they emphasize that the same rule establishes that the “impediment subsists even when the candidate claims criminal rehabilitation.”
The indicated article of Law 30717 says the following: “Persons who, due to their
status as officials or public servants, have been convicted, with a consented or enforceable sentence, as perpetrators, for intentional crimes of collusion, embezzlement or corruption of officials, even if they have been rehabilitated.”
In the same way, they remember and confront Peru Primero, by indicating the Constitutional Courtin its ruling in File No. 00005-2020-PI/TC, “has not declared the unconstitutionality of the electoral impediment applicable to crimes of corruption of officials”, and that it only ruled on crimes linked to terrorism and apology for terrorism.
“Therefore, the impediment for the crime of embezzlement is fully in force and enforceable, both for presidential candidates and for other elected positions,” the document reads.
Likewise, they detail that previously, the JNE used the criteria of Law 30717 against the candidate Luis Zubia Cortez in 2018 in its Resolution No. 00290-2018-JEE-MNIE/JNE, who was sentenced for embezzlement and was rehabilitated.
JNE ruling in 2018 in which it excluded a person convicted of embezzlement from the electoral contest.
What does Perú Primero say about the blemishes against Mario Vizcarra?
Through a statement, Perú Primero rejected the objections presented and indicated that “they are not a coincidence nor do they respond to citizen oversight.” Furthermore, he described them as “coordinating attacks by parties that represent the old politics and that seek to win at the table what they cannot achieve with the popular vote.”
Along the same lines, the organization questioned the blemishes by pointing out the ruling of the Constitutional Court on the impediment of the content of Law 30717 for people rehabilitated from a crime.
“We do not request privileges, we demand that the Constitution and current jurisprudence be respected. The rules of the electoral game cannot be modified arbitrarily or selectively due to media pressure or because of the candidate’s last name,” the statement reads.
Peru First Communiqué
Other rulings of the TC
Previously, the TC issued rulings on the exclusion of candidates, in which it established important criteria such as the prevalence of rehabilitation over convictions for intentional crimes, as in ruling 31/2025. In others, it dismissed cases due to theft of the matter when the elections had already concluded, as stated in Sentence 113/2025.
