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April 24, 2025
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TC admits Ombudsman in the process between Executive and Judicial Branch

TC admits Ombudsman in the process between Executive and Judicial Branch

He Constitutional Court admitted that the Ombudsman, Josué Gutiérrezhave participation as Amicus Curiae in the competence process initiated by the Executive Power against the Judiciary and the Prosecutor of the Nation for the investigations against the president Dina Boluarte.

Through a resolution, the magistrates of the Maximum Interpreter of the Constitution indicate that the head of the Ombudsman delivered a report in which it analyzes article 117 of the Constitution. This article establishes the reasons why a acting president can be accused, including betrayal of the country, dissolve Congress unconstitutionally, prevent the development of elections and hinder the electoral system.

“This Court considers it essential to take into account that the Ombudsman’s Office is a constitutionally autonomous body with competence to carry out the supervision of the fulfillment of the duties of the state administration and that, in accordance with its Organic Law, the attributions of the Ombudsman extend to the entire field of public administration,” considers the TC.

Gutiérrez requested the highest court to participate orally in the Hearing Scheduled on Thursday, April 24.

What is Amicus Curiae?

The term amicus curiae (“friend of the court” in Latin) refers to a legal figure in which a third party outside a litigation voluntarily presents his opinion on a relevant legal aspect to help the court in the resolution of the case.

This practice is common in matters of public interest or in cases involving fundamental rights, where organizations, experts or institutions can provide legal arguments or technical information to enrich judicial deliberation

Boluarte will also participate

The Constitutional Court authorized President Dina Boluarte to participate in tomorrow’s hearing. His defense lawyer also received authorization to intervene at the hearing, which will be held at the headquarters of the Constitutional Court, located in Yanahuara, Arequipa.

The court decided to incorporate Boluarte into the process as a “third with interest”, since it is being investigated within the framework of this lawsuit. Thanks to this decision, the president will be able to present the arguments of her government during the hearing.

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