The full of Special Electoral Jury of Central Lima concluded that the congresswoman for Cambio Democrático Isabel Cortez did not violate the principle of electoral neutrality by openly expressing his support for the candidacy of the candidate for mayor of Lima for Together for Peru, Gonzalo Alegría.
According to the resolution of the JEE Lima Centro, it was “reliably” proven that Cortez Aguirre “expressly favored the candidacy” of Alegría Varona, for which the violation of the provisions of subsection 32.1.2 (practicing acts of any nature that favor or harm a certain political organization or candidate) of the “Regulations on electoral propaganda, state advertising and neutrality during the electoral period”.
Now, according to the electoral regulations, to determine a violation of neutrality, one of the two conditions set forth in article 33 of the aforementioned regulation must be met: that the event takes place in an official event or that the alleged offender invokes his position.
In her defenses, Isabel Cortez said that she did not participate in a proselytizing act, but in a demonstration of the Workers’ Union of the Municipality of Lima (Sitomun) in the San Martín square in downtown Lima on a non-working day.
“From the facts it can be deduced that this is not an official activity, and it is not proven that the congresswoman acted in the exercise of her function,” the court said.
The Plenary of the JEE Lima Centro also maintains that Cortez did not invoke her position as a parliamentarian or make any mention of legislative functions, such as the presentation of bills or oversight activities.
“Consequently, when it is established that the conduct carried out by Mrs. Isabel Cortez Aguirre, congresswoman of the Republic, does not fall within the conditions required in article 33 of the Regulation, it is appropriate to declare that there is no merit to determine an infraction in terms of neutrality. of authorities, proceeding to the definitive file of this file”, resolved the court.