The Sixth Specialized Constitutional Court of Lima admitted for processing the application for amparo filed by the former president Martin Vizcarra against the Congress of the Republic so that the disqualification from the public function for 10 years is annulled and that, in this way, he can exercise the position of parliamentarian in the period 2021-2026.
Judge Rocío Rabines Briceño accepted the amparo action after the First Constitutional Chamber of the Superior Court of Justice of Lima annulled the May 2021 resolution, which declared the former president’s appeal inadmissible on the grounds that Vizcarra Cornejo “has had the minimum guarantees of a due sanctioning procedure, has exercised its right to defense and has even recognized the alleged facts.”
“What he seeks with the present process is that the constitutional justice replaces the parliamentary body in its assessment of when an act is reprehensible from the political point of view, which is inappropriate with respect to the political trial by its very nature,” the magistrate stated. on your first failure.
The legal defense of Martín Vizcarra appealed said resolution, considering it unjustified. Thus, in October 2021, the First Constitutional Chamber agreed with him and annulled the contested ruling.
In that month, the chamber in question warned of an “insufficiency in the motivation”, since Judge Rocío Rabines limited herself to issuing a “fundamental reasoning” (verification of the parliamentary impeachment process) when Vizcarra Cornejo denounced that they violated human rights. constitutional (due motivation, impartial court, principle of legality, among others), as well as that the acts committed (irregular application of Sinopharm doses) are not regulated as infractions of the Magna Carta.
“The Collegiate recalls that in the qualification stage of the claim, the a quo (judge) must only verify that it meets the admissibility and provenance requirements, which are linked to issues related to the procedural budgets and conditions of the action for purposes to issue a valid pronouncement on the merits, which is why it should not have been initially rejected”, asserted the First Constitutional Chamber.
After the reconsideration, on August 11 of this year, Judge Rabines admitted the amparo claim filed by Martín Vizcarra and scheduled the oral report hearing for October 10 at 2:30 pm.