This Monday, the Judiciary ordered the reinstatement of Delia Milagros Espinoza Valenzuela as prosecutor of the Nation, after declaring the precautionary measure she filed against the National Board of Justice (JNJ) founded. The ruling, issued by the Ninth Constitutional Court of Lima, headed by Judge Juan Fidel Torres Tasso, suspends the effects of the resolution that had ordered the return of Patricia Benavides to the Public Ministry. With this decision, Espinoza temporarily resumes his position until a final ruling is issued in the protection process.
Judge Torres Tasso held that the resolution of the JNJ violated due process and lacked legal support, having been signed only by the president of said body without the unanimous agreement of its members, a requirement established in the Law of General Administrative Procedure. The magistrate also warned that the decision to reinstate Benavides was not properly motivated and affected the autonomy of the Public Ministry, by ignoring the constitutional competence of the Board of Supreme Prosecutors to elect its head. Along these lines, he considered that the “appearance of good law” in favor of Espinoza was proven.
“The provisional suspension of the effects of Article 3 of Resolution No. 231-2025-JNJ is ordered (…) and the validity of Agreement No. 6579-2024 of the Board of Supreme Prosecutors and Resolution No. 058-2024-MP-FN-JFS is declared, providing that the appellant, Delia Milagros Espinoza Valenzuela, continues to exercise the position of Attorney of the Nation.”
The decision represents a new setback for Patricia Benavides, whose reinstatement was supported by conservative political sectors and questioned by institutions of the justice system. With this ruling, the Judiciary once again calls into question the actions of the National Board of Justice, weakened by internal controversies and accusations of political interference.
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