He Judiciary declared inadmissible the application for protection filed by Patricia Benavideswho sought to regain his position as head of the National Prosecutor’s Office. The decision closes the possibility of reversing the resolution issued by the National Board of Justice (JNJ) that ordered his dismissal.
In its ruling, the Tenth Constitutional Court of Lima argued that Benavides’ claim did not pass the analysis of relevance in the constitutional process, because the question is directed to an administrative procedure.
According to the resolution, this type of dispute must be dealt with within the framework of the Administrative Litigation Process, an ordinary and specific route for cases like this.
“In that sense, the appellant has not demonstrated the need for emergency protection, nor the seriousness of the damage that would be caused by pursuing her claim through administrative litigation, since it is not enough to mention it, but she has to prove it,” states the court ruling.
Furthermore, the court stressed that Benavides’ request for reinstatement was left without matter because on October 18, Delia Espinoza was elected as the new head of the Public Ministry for the period 2024-2027, consolidating institutional leadership.
Context of the case
Patricia Benavides was dismissed by the JNJ after an administrative procedure that questioned her performance as prosecutor of the Nation. Since then, the former official has argued that her constitutional rights were violated, attempting to reverse her dismissal through various legal remedies.
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