PJ declares a founded demand for Pedro Castillo by Vitalicia pension

The Judiciary decided to declare the claim filed by Pedro Castillo against Congress for his life pension as former president of the country.

The resolution argues that its right to equality was violated when compared to similar cases, such as Alberto Fujimori, who was recognized this benefit

Now, the maximum institution of justice orders the Congress of the Republic to grant the life pension as corresponds to all ex -presidents.

The Judiciary decided to declare the lawsuit filed by Pedro Castillo against Congress for his life pension as former president of the country.

The resolution argues that its right to equality was violated when compared to similar cases, such as Alberto Fujimori, who was recognized this benefit

Now, the maximum institution of justice orders the Congress of the Republic to grant the life pension as corresponds to all ex -presidents.

BACKGROUND

Castillo had requested this pension as a former head of state, but Congress rejected it in March and May 2024, protected by Law 26519, which suspends the right to pension when the one involved is subject to constitutional accusation.

Faced with these negatives, he filed a demand for amparo claiming that the rejection violated his right to equality, since similar cases – for example, that of Alberto Fujimori – had been resolved favorably, giving the pension even with active constitutional complaints.

As is known, Pedro Castillo is held in preventive detention while the trials are followed by the failed coup d’etat that perpetrated on December 7, 2022.

As is known, Pedro Castillo is being held in preventive detention that the judgments are followed by the failed coup d’etat that perpetrated on December 7, 2022.

Judicial Resolution

The second transitory constitutional court of Lima, through the judicial file 04905-2024-0-1801-JR-DC-03 declared the claim of former President Castillo founded and annulled the resolutions of the congress that they had denied the benefit.

In his ruling, the judge concludes that there was an unequal treatment, since Congress decisions applied contradictory criteria in equivalent cases, affecting the constitutional right of equality.

Congress is ordered to issue a new pronouncement recognizing the life pension with retroactive effect since December 2022, together with the payment of procedural costs.

Validity and possible appeals

Although this decision is first instance, so that it is definitive, it must go through review of the corresponding Constitutional Chamber.

For its part, the Attorney’s Office of the Congress of the Republic has already announced that it will present an appeal to the decision of the Judiciary.

The constitutional lawyer Aníbal Quiroga questioned the recent judicial decision ordered by the Republic of the Republic to grant the life pension to former president Pedro Castillo Terrones. Quiroga described the measure as a “clear contradiction and a clear legal error, arguing that the constitutional breakdown incurred by Castillo annuls his right to benefit.

According to Quiroga, the regulations that regulate the life pension is designed for former presidents who have maintained democratic and constitutional behavior.

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