Mario Vizcarra continues in the race for Elections 2026. The Plenary Session of the National Election Jury (JNE) declared the appeal presented by the political party founded Peru First against the three objections that were presented against Vizcarra’s nomination as a presidential candidate.
The decision came despite the fact that the brother of the convicted former president Martin Vizcarra He stated in his resume that he was sentenced for embezzlement in 2005. In that sense, although he was rehabilitated, critical citizens highlighted Law 30717, which prevents those formerly convicted of this crime from aspiring to public office even though they were rehabilitated. However, these arguments were rejected.
For its part, the political organization cited various rulings of the Constitutional Court (TC), in which the unconstitutionality of the phrase “even when they have been rehabilitated” had been declared. They even mentioned that, in a claim of unconstitutionality, the TC mentioned that those formerly convicted and rehabilitated for terrorism could apply, this being a more serious offense.
The decision of the JNE will influence the appeal that the party presented to the decision of the JEE of Lima Center 2 that declared Vizcarra’s candidacy to the Senate inadmissible for recording the sentence for embezzlement.
Arguments during the appeal hearing
During the hearing, the party’s lawyer, Alejandro Salas, recalled 8 rulings from the Constitutional Court (TC) in which he established that the phrase “even when they have been rehabilitated” in Law 30717 “transgresses the constitutional framework.” Likewise, he stated that the same TC resolved that even those convicted of terrorism – a more serious crime than embezzlement – can be candidates if they have been rehabilitated.
In this context, Salas questioned that the Special Electoral Jury (JEE) of Lima Center 1 had declared the three objections against Vizcarra’s presidential candidacy founded.
In addition, Salas pointed out that the JNE must “protect” the rights to political participation and resocialization of Mario Vizcarra. According to the legal defense, the decision of the JEE of Lima Centro 1 violates the integrity of the electoral process and the rights of its sponsor.
In that sense, Salas urged the JNE Plenary to apply diffuse control so that his client can apply for the 2026 elections.
Meanwhile, Vizcarra’s other lawyer, Virgilio Hurtado Cruz, highlighted that the TC settled the issue in its rulings on the sentenced and rehabilitated citizens and that the votes were not reached to declare Law 30717 unconstitutional.
On the other hand, the lawyer of the accused citizen, John Trinidad Sánchez, questioned the defense of Vizcarra’s lawyers, who had requested to apply diffuse control, because, as he mentioned, this is only the responsibility of the Judiciary and the Constitutional Court. Likewise, he stressed that Law 30717 prevents a person convicted and rehabilitated for embezzlement from running for public office, as in the case of Vizcarra.
However, the president of the JNE, Roberto Burneo, reminded lawyer Trinidad that the administration of electoral matters is jurisdictional and not administrative, both in the JEE and the JNE.
Likewise, the lawyer Luis Miguel Caya urged the Plenary of the JNE to confirm the resolution of the JEE Lima Centro 1 with the purpose of “defending the principle of legality, reaffirming the fight against corruption; revoking that express decision means weakening the electoral system, Peru needs firm rules and clean elections.”
