At its institutional headquarters in Arequipa, the Court constitutionsL (TC) evaluates the competence lawsuit filed by the Executive against the Public Ministry and the Judiciary, a key hearing for the future of the presidential figure in the country, since it will define the controversy around the interpretation of article 117 of the Constitution, which limits the circumstances in which a head of state can be criminally prosecuted.
The Government of Dina Boluarte, through this legal action, seeks that the maximum constitutional body clearly delimits the scope of tax and judicial investigations that can begin against a acting president. According to the Executive, certain recent actions of the Public Ministry would have exceeded their powers, interfering with the functions of the presidential office.
Although the Court admitted its participation as ‘third with interest’, the president will not attend this hearing, although he will be represented by his defense lawyer.
The conflict dates back to May 2024, when the Council of Ministers unanimously decided to file the competence demand. At that time, the Premier Gustavo Adrianzén clarified that the intention is not to shield the Executive, but to sit a precedent that protects the presidential competences of future undue interferences.
Seeks to cancel a complaint for dead in protests
But the scope of the constitutional day is not limited to that demand. The CT will also analyze an appeal for amparo filed by Boluarte with which a constitutional complaint filed by the Prosecutor of the Nation before and
The Congress, in relation to the deaths of five people during the social protests that occurred between December 2022 and January 2023.
The president argues that the accusation violates fundamental principles of due process and represents an improper application of the prerogative of presidential immunity. Through the resource, he requests the cancellation of all acts.
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