The Cabinet as a whole or the ministers separately may attend sessions of Congress and participate in its debates with the same prerogatives as members of Congress, except that of voting if they are not congressmen. They also attend when they are invited for reporting. The President of the Cabinet or at least one of the ministers shall periodically attend the plenary sessions of Congress to respond to questions. Within thirty days of having assumed his functions, the President of the Cabinet and the other ministers shall attend Congress to present and discuss the general policy of the government and the main measures required for its implementation, asking for a vote of confidence.
If Congress is not convened, the President of the Republic calls a special session. Attendance is compulsory for the Cabinet or any of the ministers whenever Congress calls upon them for interpellation.
Interpellation is made in writing, and shall be submitted by at least fifteen percent of the legal number of congressmen. For its introduction, at least a third of the number of qualified congressmen is required. A vote must be taken at the following session. Congress determines the date and time for ministers to respond to interpellation. This may not occur or be voted upon before the third or after the tenth day following its submission.
Congress makes effective the political liability of the Cabinet or of each minister individually, through a vote of no confidence or by defeating a vote of confidence. The latter may only be proposed by ministerial initiative. Any motion of no confidence against the Cabinet or any minister shall be introduced by at least twenty-five percent of the legal number of congressmen. It is subject to debate and a vote between the fourth and tenth calendar day following its introduction. Its approval requires the vote of over half the legal number of congressmen.
The President of the Republic shall accept the resignation within the subsequent seventy-two hours. Defeat of a ministerial initiative does not force the minister to resign, unless its approval was made a vote of confidence. The President of Cabinet may introduce before Congress a vote of confidence on behalf of the Cabinet. A total cabinet crisis occurs if the confidence is rejected or the President of Cabinet is censured, or if he resigns or is removed by the President of the Republic.
The President of the Republic has the power to dissolve Congress if it has censured or denied its confidence to two Cabinets. The dissolution decree shall contain a call for the election of a new Congress. Such elections shall be held within four months of the dissolution of Congress, without any alteration of the existing electoral system.
Congress may not be dissolved during the last year of its term. Once Congress is dissolved, the Permanent Assembly, which may not be dissolved, continues exercising its functions. When the new Congress convenes, it may censure the Cabinet, or deny it a vote of confidence once the President of the Cabinet has explained the acts of the Executive Branch before Congress during the parliamentary interregnum. During the interregnum, the Executive Branch legislates through emergency decrees, which it submits to the Permanent Assembly for examination and eventual submission to Congress once it reconvenes.
If elections are not held within the stated term, the dissolved Congress convenes by law, regains its powers, and removes the Cabinet from office. None of its members may be reappointed minister for the rest of the presidential term. A Congress elected in this manner replaces the previous one, including the Permanent Assembly, and finishes the constitutional term of the dissolved Congress. The President of the Republic, with the consent of the Cabinet, may decree for a determined time period in all or part of the national territory, and with a duty to report to Congress or Permanent Assembly, a state of exception as provided for in this article:.
A state of emergency, in case of disturbances of the peace or the domestic order, disasters, or serious circumstances affecting the life of the Nation. In this case, the exercise of constitutional right relating to personal freedom and security, the inviolability of the home, and freedom of assembly and movement in the territory as set forth in paragraphs 9, 11, and 12 of article 2 and in paragraph 24, subparagraph f of the same article, may be restricted or suspended.
Under no circumstances shall anyone be exiled. The state of emergency period shall not exceed sixty days. Its extension requires a new decree. Under a state of emergency, the Armed Forces may assume control over domestic order if the President of the Republic so decides. A state of siege, in case of invasion, foreign or civil war, or imminent danger that such events might occur, with mention to those fundamental rights whose exercise is not restricted or suspended.
The applicable period shall not exceed forty-five days. When the state of siege is declared, Congress convenes by law. Its extension requires congressional approval. The power of administering justice emanates from the people. The Judicial Branch exercises it through its hierarchical entities in accordance with the Constitution and laws. In all proceedings, when an incompatibility exists between a constitutional and a legal rule, judges shall decide based on the former.
Likewise, they shall choose a legal rule over any other rule of lower rank. Principles and rights of the jurisdictional function are the following:. The unity and exclusivity of the jurisdictional function. No independent jurisdiction exists, nor shall it be established, except regarding the military and arbitration.
There are no judicial proceedings by committing or delegation. The independence in the exercise of the jurisdictional function. No authority shall remove cases pending before a jurisdictional body or interfere in the exercise of its functions. Neither shall they invalidate orders under res judicata, halt proceedings underway, nor modify sentences or delay their execution. These provisions do not affect grants of executive clemency or the authority of congressional investigations, the exercise of which may nevertheless not interfere in the jurisdictional proceedings or have any jurisdictional effect.
The observance of due process and jurisdictional protection. No person shall be diverted from the jurisdiction predetermined by the law, nor shall anyone be subjected to proceedings other than those previously established, or be tried by exceptional jurisdictional bodies or special commissions created for that purpose, whatever the official title.
The publicity of proceedings, unless otherwise provided by law. Judicial proceedings involving the liabilities of public officials, crimes committed through the press, and those relating to fundamental rights guaranteed by the Constitution are always public. The written explanation of court orders at all levels, except merely procedural decrees, with express mention of the applicable law and the factual grounds on which they are based.
The plurality of the jurisdictional level. Compensation, in the manner prescribed by law, for miscarriages of justice in criminal trials and arbitrary arrests, with prejudice to any liability that may be determined. The principle of never failing to administrate justice, despite loopholes or deficiencies in the law.
In such cases, the general principles of law and customary law must be applied. The principle of the inapplicability through analogy of the criminal law and laws restricting rights.
The principle that no one shall be punished without judicial proceedings. The most favorable application of the law to the defendant in cases of doubt or conflict between criminal laws.
The principle that no person shall be convicted in absentia. The prohibition of reopening closed cases with a final order of conviction. Amnesty, pardons, stays of execution, and prescription produce the effects of res judicata.
The principle that no person shall be deprived of the right to defense at any stage of the proceedings. Every person shall be notified immediately and in writing of the causes or reasons for his detention. In addition, he has the right to communicate in person with and be advised by the legal counsel of his choice upon being summoned or arrested by any authority. The principle that every person must be informed immediately and in written of the causes or reasons for his arrest.
The principle of free administration of justice and a free defense for persons of limited means, as well as for everyone in those cases stipulated by law. The participation of the people in the appointment and removal of judges, in accordance with the law.
The obligation of the Executive Branch to collaborate in trials, when required. The prohibition of the exercise of the judicial function by anyone who has not been appointed in the manner prescribed by the Constitution or the law. Jurisdictional bodies may not confer such an office, under penalty of liability. The principle that every person has the right to make analyses and criticisms of court orders and sentences, within the limits of law.
The right of inmates and convicted individuals to be provided suitable facilities. The principle that the purpose of the criminal justice system is the reeducation, rehabilitation, and reintegration of the guilty into society. The death penalty shall only be applied for the crimes of treason in wartime and terrorism, in accordance with the laws and the treaties to which Peru is bound. The Supreme Court may decide on judicial rulings as the court of last resort, when the action is filed with a Superior Court or before the Supreme Court itself, as provided by law.
It also hears annulment appeals for decisions of the Military Court, within the limits set forth in article Decisions of the National Election Board concerning election matters are not subject to review, nor those of the National Board of Justice regarding evaluation and ratification of judges. The Judicial Branch consists of jurisdictional bodies, which administer justice on behalf of the Nation, and bodies that exercise their government and administration. The jurisdictional bodies are the following: the Supreme Court of Justice and the other courts and tribunals as determined by their organic acts.
The plenary session of the Supreme Court is the highest deliberation body of the Judicial Branch. The Judicial Branch submits its budget draft to the Executive Branch and sustains it before Congress.
Judicial office is incompatible with any other public or private activity, except university teaching outside the working hours. Judges receive only the compensation assigned in the Budget and revenues earned from teaching or other functions expressly prescribed by law. Their independence. They are subject only to the Constitution and the law.
The irremovability of their office. They shall not be transferred without their consent. Their continuance in office, as long as they show proper conduct and qualification for their function. A compensation ensuring them a standard of living befitting their office and rank. To be a Peruvian by birth. To exercise his citizenship. To be at least forty-five years of age. To have held the office of Justice of the Superior Court or Superior Prosecutor for ten years, or to have practiced the law or taught a legal discipline at the university level for fifteen years.
Administrative resolutions under res judicata are susceptible to challenge through administrative action. Authorities of rural and native communities, in conjunction with the peasant patrols, may exercise jurisdictional functions at the territorial level in accordance with common law, provided they do not violate the fundamental rights of the individual. The law provides forms for coordination of such jurisdiction with Justices of the Peace and other bodies of the Judicial Branch.
The National Board of Justice is responsible for the selection and appointment of judges and prosecutors, except those chosen through popular election. The National Board of Justice is independent and is governed by its organic act. The Academy of the Magistracy, which is part of the Judicial Branch, is responsible for the education and training of judges and prosecutors at all levels for the purposes of qualification.
Completion of the special studies required by the Academy is necessary for promotion. The election, its requirements, jurisdictional implementation, training, and duration of office are governed by law. The law may establish the election of trial judges and determine the relevant mechanisms.
Judges and prosecutors are prohibited to participate in politics, unionize, or declare themselves on strike. To appoint, following merits-based recruitment and personal evaluation, judges and prosecutors at all levels.
Such appointments require the public and motivated vote of two-thirds of the legal number of its members. To ratify, with a public and motivated vote, the judges and prosecutors at all levels every seven years; and to execute jointly with the Academy of the Magistracy the partial performance evaluation of judges and prosecutors at all levels every three years and six months. Those not ratified or dismissed cannot re-enter the Judicial Branch or the Office of the Prosecutor General.
To apply the penalty of removal to judges of the Supreme Court and Supreme Prosecutors; and, ex officio or at the request of the Supreme Court or the Board of Supreme Prosecutors, respectively, to the judges and prosecutors of all instances.
In the case of supreme judges and supreme prosecutors, it will also be possible to apply a warning or suspension of up to one hundred and twenty calendar days, applying criteria of reasonableness and proportionality. The final resolution must be motivated and with a prior hearing of the interested party. It has an unchallengeable nature. To register, guard, keep updated and publish the Register of Disciplinary Sanctions of Judges and Prosecutors.
To extend to the judges and prosecutors the official title that accredits them. To present an annual report to the Plenary of Congress. The National Board of Justice is made up of seven regular members selected through a public merit contest, for a period of five years. Reelection is prohibited. The substitutes are summoned by strict order of merit obtained in the contest.
The public merit contest is the responsibility of a Special Commission, made up of:. The Ombudsman, who presides over it;. The President of the Judicial Branch;.
The Prosecutor General of the Nation;. The President of the Constitutional Court;. The Comptroller General of the Republic;. A rector elected by vote by the rectors of licensed public universities with more than fifty years of seniority; and,.
A rector elected in a vote by the rectors of licensed private universities with more than fifty years of seniority. The Special Commission must be installed, at the summons of the Ombudsman, six months before the expiration of the mandate of the members of the National Board of Justice and ceases with the swearing-in of the elected members. The selection of the members is carried out through a procedure in accordance with the law, for which the Special Commission has the support of a Specialized Technical Secretariat.
The procedure provides the guarantees of probity, impartiality, publicity and transparency. To be Peruvian by birth. To be a citizen in exercise. To be over forty-five 45 years old, and under seventy-five 75 years old. To be a lawyer:. With professional experience of not less than twenty-five 25 years; or,. To have held the university chair for no less than twenty-five 25 years; or,. To have worked as a researcher in legal matters for at least fifteen 15 years.
To not have a final conviction for a fraudulent crime. To have a recognized professional trajectory and solvency and moral suitability. The members of the National Board of Justice enjoy the same benefits and rights and are subject to the same obligations and incompatibilities as the supreme judges.
Their function must not incur a conflict of interest and is incompatible with any other public or private activity outside working hours. Except for university teaching. The members of the National Board of Justice may be removed from office by a decision of Congress due to gross misconduct, with the affirmative vote of two-thirds of the legal number of congressmen. The Office of the Prosecutor General is autonomous. The term of office for the Prosecutor General of the Nation is three years and it may be extended for another two years if reelected.
Members of the Office of the Prosecutor General enjoy the same rights and prerogatives, and are subject to the same duties and legal incompatibilities, as their counterparts in the Judicial Branch. Likewise, their appointments are subject to the same requirements and procedures as those of members of the Judicial Branch within their respective categories. To bring a lawsuit, ex officio or by private complaint, in defense of the legal order or public interests protected by law.
To watch over the independence of jurisdictional bodies, and the fair administration of justice. To represent society in legal proceedings. To conduct criminal investigations from their initiation.
To that purpose, the National Police is obliged to enforce the orders of the Office of the Prosecutor General within the scope of its authority. To institute criminal proceedings ex officio or by private action.
To give an opinion prior to judicial orders in cases set forth in the law. To exercise legislative initiative in lawmaking, and inform Congress or the President of the Republic about legal loopholes and errors. It is sustained before the Executive Branch and before Congress.
The Office of the Ombudsman is autonomous. State bodies are obliged to cooperate with the Office of the Ombudsman whenever it requests their help. The structure of the Office of the Ombudsman at the national level is set up by law.
The Ombudsman is elected and removed from office by the Congress with the votes of two-thirds of the legal number of members, and enjoys the same immunity and prerogatives as congressmen.
To be elected Ombudsman, a candidate must be at least thirty-five years of age and an attorney-at-law. The term of the office lasts five years and does not receive a binding mandate. He possesses the same incompatibilities as the Justices of the Supreme Court. It is the duty of the Office of the Ombudsman to defend the constitutional and fundamental rights of the person and the community, and to ensure the enforcement of the state administration duties, as well as the provision of public services to citizens.
The Ombudsman submits a report to Congress once a year and whenever the latter requests one. He may initiate legislation and recommend measures to facilitate the improved performance of his duties. The Office of the Ombudsman submits its budget draft to the Executive Branch, which must be sustained before the Executive Branch and before Congress. The national defense is comprehensive and permanent.
It is developed internally and externally. Every person and corporate entity is obliged to participate in the national defense, in accordance with the law. The direction, preparation, and exercise of the national defense are performed through a system, whose organization and functions are determined by law. For the purposes of national defense, the law determines the extent and procedures for mobilization.
Their fundamental purpose is to guarantee the independence, sovereignty, and territorial integrity of the Republic. They assume control of internal order in the case outlined in article of the Constitution. It is the primary duty of the National Police to guarantee, maintain, and restore internal order. They protect and aid individuals and the community.
They ensure the enforcement of laws and the security of both public and private property. They prevent, investigate, and fight crime. They guard and control the national borders. Relevant acts and regulations establish the organization, functions, specialization, training, and use of the Armed Forces and the National Police, as well as their internal disciplinary regimes. The Armed Forces organize their reserves and deploy them in accordance with the needs of the national defense, according to law.
The Armed Forces and the National Police are not deliberative bodies. They are subordinate to constitutional power. The law allocates funds for the logistical requirements of the Armed Forces and the National Police. Such funds must be earmarked for institutional purposes, under the control of the authority set forth in the law. The Armed Forces and the National Police take part in the economic and social development of the country, and in its civil defense, according to law.
Their resources are allotted in the Budget Act. Promotions are granted in accordance with the law. The President of the Republic grants the promotions of generals and admirals in the Armed Forces, as well as generals in the National Police upon recommendation from the relevant institution.
In the case of on-duty crimes, members of the Armed Forces and the National Police are subject to their respective jurisdictions, and to the Code of Military Justice.
The Code provisions do not apply to civilians, except in cases of treason and terrorism as determined by law. The cassation appeal referred to in article only applies when the death penalty is imposed.
Ranks and honors, salary, and retirement pensions for officers in the Armed Forces and the National Police are equivalent. The law determines the respective equivalences for career members of the military or police who lack the rank or position of an officer.
In such cases, the cited rights may not be forfeited except by court rulings. Only the Armed Forces and the National Police may possess and use weapons of war. The weapons existing in the country, as well as those manufactured in or introduced into the country, become State property without any legal process or indemnification. The manufacture of weapons of war by the private industry in those cases outlined by the law is exempted of this prohibition.
The law regulates the manufacture, trade, possession, and use by private parties of weapons other than those used for war. The electoral system has the purpose of ensuring that elections express the free, authentic, and spontaneous will of citizens, and that the vote count mirrors the accurate and timely reflection of the will of voters expressed at the polls by direct suffrage. The basic functions of the system are: planning, organizing, and holding elections, referendum or other popular vote, maintaining and guarding the consolidated register for identification of voters, and recording modifications to civil status.
They are autonomous and coordinate their work with each other, in accordance with their authorities. To oversee the legality of suffrage and the conduct of elections, referendum, and other popular vote, as well as to prepare electoral rolls.
To maintain and oversee the register of political organizations. To ensure the enforcement of rules on political organizations and other provisions concerning electoral matters. To administer justice on election matters. To declare the winners in elections and issue their credentials, as well as to announce the results of referendum or other popular vote.
To perform other functions provided for in the law. In electoral matters, the National Election Board has the power to initiate legislation and to submit to the Executive Branch the Budget draft for the electoral system with separate entries for each body of the system.
It sustains the draft before the Executive and then before Congress. The highest authority of the National Election Board is vested in its Plenary Assembly, composed of five members:. One elected by secret ballot by the Supreme Court from among its retired or active justices.
In the latter case, the elected member is granted leave. One elected by secret ballot by the Board of Supreme Prosecutors from among its retired or active members.
One elected by secret ballot by the Lima Bar Association from among its membership. One elected by secret ballot by the deans of law schools of public universities from among their former deans. One elected by secret ballot by the deans of law schools of private universities from among their former deans.
The members of the Plenary Assembly of the National Election Board shall not be under forty-five years of age or over seventy. They are elected for four-year terms and may be reelected. The law regulates the renewal of membership in alternating elections every two years. The office is a full-time, remunerated post. It is incompatible with any other public office, except for part-time teaching. Candidates to elective office shall neither be members of the Plenary Assembly of the Election Board, citizens holding national leadership posts in political organizations, nor those who have held such posts during the four years preceding their candidacy.
The Plenary Assembly of the National Election Board examines facts with discretionary judgment and resolves disputes based on the law and the general principles of law.
On issues concerning elections, referendum, or other popular vote, its decisions are final, definitive, and non reversible. No appeal may be filed against them.
The Head of the National Office of Elections is appointed by the National Board of Justice for a renewable four-year term, and may be removed from office by the same Board for gross misconduct. He is subject to the same incompatibilities as the members of the Plenary Assembly of the National Election Board. His main functions are to organize elections, referendum, and other popular vote, including the preparation of the budget for his office and the design of the voting ballot.
It is also his duty to distribute election forms and other materials needed for elections and to announce the results. He provides continued information on the vote count from the time the tally begins at polling stations. He performs other duties, as set forth by law.
The Head of the National Identification and Civil Status Registry is appointed by the National Board of Justice for a renewable four-year term, and may be removed from office by the Board for gross misconduct.
The National Identification and Civil Status Registry is in charge of the registration of births, marriages, divorces, deaths, and other acts modifying civil status. It issues the respective certificates, and prepares and updates the electoral roll. Likewise, it provides the National Election Board and the National Office of Elections with the information necessary to perform their duties.
It maintains identification records of citizens and issues identification documents. The National Election Board declares the nullity of an election process, referendum or any other popular vote when the number of void or blank votes, jointly or separately, exceeds two-thirds of the number of votes cast.
The law may fix different ratios for municipal elections. In any kind of election, referendum or other type of popular vote, a tally shall be performed publicly and uninterruptedly at polling stations. The results may solely be reviewed in case of material error or challenge, all of which is resolved according to law. The National Office of Elections issues the instructions and provisions needed to maintain order and safeguard personal freedom during elections.
The Armed Forces and the National Police must enforce these provisions. In case of multi-party elections there is proportional representation, in accordance with the system provided for in the law. The law shall contain special provisions to facilitate the voting of Peruvians living abroad. Decentralization is a form of democratic organization and a mandatory, continued policy of the State, whose essential purpose is the comprehensive development of the country.
The decentralization process is carried out in stages, in a progressive and orderly manner, following criteria that permit the proper distribution of jurisdictions and transfer of resources from the national government to local and regional governments. The branches of government and autonomous state bodies, as well as the Budget of the Republic, are decentralized in accordance with the law.
The territory of the Republic is divided into regions, departments, provinces, and districts, in whose boundaries a government is exercised and organized at national, regional, and local levels in the terms defined by the Constitution and the law, preserving the integrity and unity of the State and the Nation. The regional level of government consists of regions and departments.
The local level of government consists of provinces, districts, and villages. Regions are created on the basis of contiguous areas with historical, cultural, administrative, and economic relations, thus comprising sustainable geo-economic unities. The regionalization process shall begin by electing governments in the current departments and the Constitutional Province of Callao.
These are regional governments. Two or more contiguous departments may become a region by conducting a referendum, in accordance with the law. Likewise, two or more contiguous provinces and districts may change their regional constituency by following the same procedure. Additional authorities and faculties, as well as special incentives, given to these newly formed regions shall be determined by law.
While the integration process is underway, two or more regional governments may create coordination mechanisms between themselves. The relevant law will regulate these mechanisms. Regional governments enjoy political, economic, and administrative autonomy on pertinent matters within their jurisdiction. They coordinate with municipalities without interfering with their functions and authorities. The basic organic structure of these governments consists of the Regional Council as the regulatory and oversight body, the Regional Governor as the executive organ, and the Regional Coordination Council formed of provincial mayors and representatives of civil society as a consultative body to coordinate with municipalities, with their functions and authorities set forth in the law.
The Regional Council shall have a minimum of seven 7 members and a maximum of twenty-five 25 , with at least one 1 for each province, and the rest, in accordance with the law, determined by a criterion of electoral population. The Regional Governor is jointly elected with a Regional Vice Governor, by direct suffrage for a period of four 4 years.
The mandate of these authorities is revocable, according to law. There is no immediate re-election. After another period, as a minimum, former Regional Governors or Regional Vice Governors can run for office again, subject to the same conditions.
The members of the Regional Councils are elected in the same way and for the same time-period. The mandate of these authorities is inalienable, with the exception of cases provided for by the Constitution.
In order to run for the office of President of the Republic, Vice President, member of Congress, or Mayor; the Regional Governors and Vice Governors must resign their office six 6 months in advance of the respective election. The law determines the minimum percentages to facilitate representation of women, rural and indigenous communities, and aboriginal peoples in regional councils. The same applies for municipal councils. The Regional Governors are obliged to attend the Congress of the Republic when it requires it according to law and the Regulations of the Congress of the Republic, and under responsibility.
Regional governments promote regional development and economy; encourage investments, activities, and public services within their jurisdiction, in harmony with national and local development plans and policies. To approve their internal organization and budget. To formulate and adopt a regional development plan, agreed to by the relevant municipalities and the civil society. To administrate their property and revenue.
To regulate and issue permits, licenses, and authorizations on the services under their responsibility. To promote regional socioeconomic development and execute the corresponding plans and programs. To issue the rules concerning regional management.
To encourage competitiveness, investments, and financing for the development of infrastructure projects and works at the regional level.
To initiate legislation on pertinent matters and issues within their jurisdiction. To execute other functions inherent to their authority, according to law. The property and revenue of regional governments are the following:.
Their own chattels and real property. Specific fund transfers provided for in the annual Budget Act. Taxes created by law in their favor. Economic benefits originated in privatizations, concessions, and services they offer, according to law. Government Type: Presidential Republic. Coat of Arms of Republic of Peru. Grades each country on a scale of 0 to , based on ten freedoms, with representing the greatest amount of economic autonomy from government intervention.
Source: Heritage Foundation A somewhat shaky political and economic outlook and a relatively volatile business environment can affect corporate payment behavior. Pursuant to Article 93 of the Constitution, "the members of Congress represent the Nation. The main powers of Congress are provided for at Article of the Constitution.
Special mention can be made of the powers to "adopt laws and legislative resolutions, as well as to interpret, amend, or derogate existing laws; to ensure respect for the Constitution and the laws, and to provide as necessary to enforce the responsibility of those who break the law; to approve treaties; to approve the budget and the general accounts; and to exercise all other powers indicated by the Constitution and that properly vest in the legislative function.
It is also established that the draft organic laws are handled like any other law, and are approved or amended by vote of "more than half of the legal number of members of Congress. The Executive Branch. The president is to be elected by direct vote, and under Article of the Constitution, "the presidential term is for five years.
The President may be re-elected immediately for an additional period. After at least one other constitutional term has lapsed, the former President may run again, subject to the same conditions. The main powers of the President are spelled out in Article of the Constitution. They include the following: "To carry out and enforce the Constitution and the treaties, statutes, and all other legal provisions.
To represent the State, inside and outside the Republic. To direct the Government's general policy. To ensure the internal order and external security of the Republic. To call elections for President of the Republic and representatives to Congress, and for mayors and members of municipal councils and all other officials as indicated by law To exercise the power to regulate the laws without violating them or altering their meaning; and, within those limits, to issue decrees and resolutions.
To carry out and enforce the judgments and resolutions of the judicial organs To preside over the National Defense System; and to organize, distribute, and order the use of the Armed Forces and the National Police To administer the public treasury To grant pardons and commute sentences The Constitution of Peru provides that the direction and management of public services are entrusted to the Council of Ministers, made up of its President and several Ministers.
The appointment of the President of the Council, who may be a minister-without-portfolio, and of the Ministers, is to be made by the President of the Republic. The President of the Council of Ministers undertakes to coordinate the functions of all the other ministers, and, in keeping with Article of the Constitution, he or she shall be, "after the President of the Republic, the authorized spokesperson of the Government. The Judicial Branch.
The Peruvian Constitution establishes that the power to administer justice emanates from the people and is exercised by the judicial branch, through the judicial organs: the Supreme Court of Justice and all other courts cortes and juzgados as determined by the Organic Law on the Judiciary.
Article of the Constitution indicates that "the Supreme Court shall rule on cassation motions, or in the final instance, when the action is initiated in a Superior Court or before the Supreme Court, in keeping with the law.
In addition, it hears motions of cassation against the rulings of the military jurisdiction, with the limitations established at Article There are 25 judicial districts. Except for the justices of the peace, all other judges, including the members of the Supreme Court, are appointed and removed, according to the Peruvian Constitution, by the National Council of the Judiciary Consejo Nacional de la Magistratura , analyzed infra.
The Constitution also provides for the Constitutional Court, also examined infra. According to Article of the Peruvian Constitution, the judicial function is characterized by the following principles and rights: " Independence in the exercise of the judicial function. No authority may take up cases pending before the judicial organ nor interfere in the exercise of its function.
Nor may it void resolutions that have become res judicata , nor terminate ongoing procedures, nor modify judgments nor delay their enforcement The observance of due process and judicial protection The principle of not being deprived of the right of defense at any stage of the process Pursuant to the terms at Article of the Constitution of the Republic of Peru, the Peruvian State guarantees the judges: "1.
Their independence. They are subject exclusively to the Constitution and the law. Tenure in their posts. They may not be transferred without their consent.
Their permanence in the service, so long as their conduct and suitability are in keeping with their function. A level of compensation that ensures them a standard of living worthy of their mission and rank. The Peruvian Constitution establishes that the National Council of the Judiciary is an independent organ entrusted with the selection and appointment, by open competition, of prosecutors and judges except for justices of the peace, who are elected by popular vote.
The National Council of the Judiciary is made up, in principle, of seven members, elected for five years. The members are elected, in distinct secret votes, by several national entities: one by the Supreme Court of Justice, one by the Board of Supreme Prosecutors Junta de Fiscales Supremos , one by the members of the bar associations, two by the country's other legal professional associations, one by the presidents of the private universities.
The number of members of the National Council of the Judiciary may be increased to nine, in which case the two additional members would be chosen by the Council itself, from lists proposed by labor and business. Under the Peruvian Constitution, the members of the National Council of the Judiciary may be removed for grave cause, by decision of Congress.
Article of the Peruvian Constitution establishes that in addition to the above-noted function of appointing judges and prosecutors, the National Council of the Judiciary also has the function of ratifying all judges and prosecutors every seven years, and removing judges and prosecutors at all levels, including the members of the Supreme Court of Justice and the supreme prosecutors.
The final resolution must be reasoned, and the person concerned must first be given a hearing. The Public Ministry. The Public Prosecutor is elected for a three-year term, and may be re-elected for two additional terms. As indicated in the previous paragraph, the power to appoint and remove of the prosecutors working under the Public Ministry is vested in the National Council of the Judiciary.
To bring a judicial action, on its own initiative or at the request of a party, to defend legality and the public interests protected by the law.
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