He Judiciary admitted to processing request for protection presented by Delia Espinozawith which he seeks to reverse the disqualification for ten years that the Congress and annul the legislative resolutions approved against them. The Constitutional Chamber considered that the appeal meets the legal requirements to be evaluated on the merits.
The judicial decision was issued by the Third Constitutional Chamber of Lima, which declared the protection against the parliamentary acts that removed Espinoza from public office and enabled a criminal accusation. The referee pointed out that it is appropriate to analyze whether the procedure followed by Parliament respected due process.
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In his claim, Delia Espinoza maintains that Congress exceeded its constitutional powers by imposing the political sanction. He also questions the motivation of the legislative resolutions and mentions a direct impact on his fundamental rights as an authority of the Public Ministry.
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The Judiciary evaluates decisions of Congress against Delia Espinoza
The request for protection is directed against the Legislative Resolution that established the disqualification of Delia Espinoza to exercise public office for a decade. According to the appeal, this decision was adopted without an objective evaluation of the facts or an effective guarantee of defense.
The document also questions the resolution that declared there was room for the formation of a criminal case against him. Espinoza states that the Congress He advanced his opinion and transformed a political procedure into a sanctioning mechanism, without respecting the limits set by the Constitution.
In addition, the former prosecutor requested that the nullity of everything carried out in the constitutional complaint against her be declared. In his opinion, the parliamentary process was marked by defects that compromise its validity and affect the independence of the Prosecutor’s Office.
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Judiciary schedules hearing for Delia Espinoza’s protection claim
The Constitutional Chamber also set a single hearing for March 9, 2026. In that virtual session, the parties will present their arguments and the direction of a process with high political and institutional impact will be defined.
Furthermore, the Judiciary granted a period of ten days to the attorney of the Congress to answer the request for protection. This stage will allow us to know the institutional defense of Parliament against the questions raised by Delia Espinoza.
With the admission of the request for protectionhe Judiciary must rule on the legality of the resolutions issued by the Congress and verify whether the parliamentary procedure respected the guarantees of due process. The analysis will focus on the acts that led to the disqualification of Delia Espinoza and in the formation of criminal cases, in accordance with the limits established by the Constitution.
