The former prime minister of the Government of Martín Vizcarra, Salvador del Solar, reappeared before the Subcommittee on Constitutional Accusations of the Congress to defend himself from the constitutional complaint that exists against him due to the dissolution of Congress in 2019. The 54-year-old actor and politician argued that a legal matter that has already been resolved by the Constitutional Court in its court cannot be discussed. moment.
“They have referred to different arguments to point out the trust issue of September 3, 2019, as well as the subsequent dissolution of Congress. With the 10 minutes of time I have I am not going to go into discussing them because legally it already is. This matter was raised to the Constitutional Court, they said that everything happened within the framework of the Constitution,” he said at the SAC.
Along the same lines, del Solar assured that he is aware that the events that occurred that year may have arguments for or against due to the very fact that it is a controversial issue; However, he stressed that it is just as true that this is already something that our legal system considers res judicata and that can no longer be reviewed.
“He also talked about the ruling of the Constitutional Court of May 2023 regarding what was issued by the previous magistrates regarding the dissolution of Congress. In that sense, the former Minister of Culture stressed that at no time was the previous ruling invalidated.
“Some of the arguments used by the complainants who have preceded the use of the word have referred to a more recent ruling of May 30, 2023. The Constitutional Court in the current composition of magistrates that it has effectively indicated in that ruling that he does not share the criteria that his predecessors used to consider that the question of trust and the dissolution were constitutional, but at no time does that ruling indicate that the previous ruling was invalid or that there should be another trial on this,” he added.
What does the ruling of the Constitutional Court of May 30 say?
The main objective of the Constitutional Court ruling of May 30, 2023 was to clarify and delimit the powers between the Executive Branch and Congress regarding the handling and interpretation of trust issues, particularly in the context of their outright rejection. The ruling sought to resolve a jurisdictional conflict that arose as a result of the interpretation of the outright rejection of a question of trust. by Congress and how it should be treated legally.
Regarding the closure of Congress, which occurred in September 2019, the Constitutional Court in this ruling from May 2023 highlights that, although it formally voted in favor of the question of confidence proposed at that time, it materially denied it through its actions, specifically by refusing to receive the President of the Council of Ministers to debate and postpone the selection process of judges of the Constitutional Court, which was seen as a factual denial of trust.
This interpretation of the denial of trust, where the Executive power interpreted the actions of Congress as a denial, was instrumental in justifying the dissolution of Congress on the grounds that trust had been materially refused, despite the formal vote in favor.
In addition, Francisco Saraviaformer president and current magistrate of the TC, for Canal N stated the following: “With this sentence we want to set a limit, we want to turn the page, we want this situation not to be repeated. That is, the Executive Branch is not the interpreter or the voice of the other branch (Legislative) to say you have denied me trust,” he explained. In other words, this constitutional complaint would have no effect against those constitutionally denounced.
