CONSTITUCIÓN POLÍTICA DEL PERÚ
P R E Á M B U L O
EL CONGRESO CONSTITUYENTE DEMOCRÁTICO, INVOCANDO A DIOS TODOPODEROSO, OBEDECIENDO EL MANDATO DEL PUEBLO PERUANO Y RECORDANDO EL SACRIFICIO DE TODAS LAS GENERACIONES QUE NOS HAN PRECEDIDO EN NUESTRA PATRIA, HA RESUELTO DAR LA SIGUIENTE CONSTITUCION:
CONTENT
TÍTULO I: DE LA PERSONA Y DE LA SOCIEDAD (artículos del 1 al 42)
Chapter I: Fundamental Rights of the Person (articles 1 to 3)
Chapter II: Of the Social and Economic Rights (articles 4 to 29)
Chapter III: Of the Political Rights and Duties (articles 30 and 38)
Chapter IV: Of Public office (articles 39 to 42)
TÍTULO II: DEL ESTADO Y LA NACION (artículos del 43 al 57)
Chapter I: Of the State, the Nation and the Territory (articles 43 to 54)
Chapter II: Of the Treaties (articles 55 to 57)
TÍTULO III: DEL REGIMEN ECONOMICO (artículos del 58 al 89)
Chapter I: General Principles (articles 58 to 65)
Chapter II: Of the Environment and Natural Resources (articles 66 to 69)
Chapter III: Of Property (articles 70 to 73)
Chapter IV: Of the Tax system and Budget (articles 74 to 82)
Chapter V: Of the Currency and Banking (articles 83 to 87)
Chapter VI: Of the Agricultural Regime, and of Rural and Native Communities (articles 88 to 89)
TÍTULO IV: DE LA ESTRUCTURA DEL ESTADO (artículos del 90 al 199)
Chapter I: the Legislative branch (articles 90 to 102)
Chapter II: Of the Legislative Function (articles 103 to 106)
Chapter III: Of the formation and enactment of laws (articles 107 to 109)
Chapter IV: the Executive (articles 110 to 118)
Chapter V: of The Council of Ministers (articles 119 to 129)
Chapter VI: Of the Relations with the Legislature (articles 130 to 136)
Chapter VII: state of emergency (articles 137)
Chapter VIII: the Judiciary (articles 138 to 149)
Chapter IX: the National Board of Justice (article 150 to 157)
Chapter X: Of the Public prosecutor (articles 158 to 160)
Chapter XI: Of the office of the Ombudsman (articles 161 to 162)
Chapter XII: Of the Security and National Defence (articles 163 to 175)
Chapter XIII: Of the Electoral System (articles 176 to 187)
Capítulo XIV: De la Descentralización (artículos 188 al 199)
TÍTULO V: DE LAS GARANTIAS CONSTITUCIONALES (artículos del 200 al 205)
TÍTULO VI: DE LA REFORMA DE LA CONSTITUCION (artículos 206)
FINAL AND TRANSITIONAL PROVISIONS (the First to the Sixteenth)
TRANSITIONAL PROVISIONS SPECIAL (First to Third)
DECLARATION
PREAMBLE
The Democratic Constituent Congress, invoking God Almighty, obedience to the mandate of the people of peru and remembering the sacrifice of all the generations that have preceded us in our Homeland, has resolved to give the following Constitution:
TITLE I
OF THE PERSON AND OF THE SOCIETY
CHAPTER I
FUNDAMENTAL RIGHTS OF THE PERSON
Article 1.- Defense of the human person
The defense of the human person and respect for their dignity are the ultimate aim of society and the State.
Article 2.- Fundamental rights of the person
Every person has the right:
1. To life, their identity, their moral, mental and physical, and his free development and well-being. The designed is subject of law in all the favors.
2. To equality before the law. No one should be discriminated against on grounds of origin, race, sex, language, religion, opinion, economic status, or of any other nature.
3. To freedom of conscience and religion, individually or associated. There is No persecution by reason of ideas or beliefs. There is No crime of opinion. The public exercise of all faiths is free, provided that it does not offend morals or disturbs the public order.
4. To freedom of information, opinion, expression and dissemination of thought through the oral or written word or image, by any means of social communication, without prior authorization or censorship or some impediment, under the responsibilities of law.
The State promotes the use of technologies of information and communication throughout the country.
The crimes committed by the middle of the book, the press and other media of social communication are criminalized in the Penal Code and a judge in the common law.
5. To request a no-cause the information required and to receive any public entity, within the statutory period, with the cost involving the order. With the exception of the information affecting personal privacy and that is expressly excluded by law or for reasons of national security.
Every person has the right to banking secrecy and tax reserve. Its removal can be made to order:
1. Del juez.
2. Del Fiscal de la Nación.
3. Of an investigating committee of the Chamber of Deputies, according to the law and provided that relate to the case investigated.*
4. Del Contralor General de la República respecto de funcionarios y servidores públicos que administren o manejen fondos del Estado o de organismos sostenidos por este, en los tres niveles de gobierno, en el marco de una acción de control.
5. Del Superintendente de Banca, Seguros y Administradoras Privadas de Fondos de Pensiones para los fines específicos de la inteligencia financiera.
The lifting of these fundamental rights is carried out according to law, which includes a reasoned decision and under the responsibility of its owner.
6. The computer services, computerized or not, public or private, will not provide information affecting personal and family privacy.
7. To the honour and good reputation, to personal and family privacy, as well as the voice and to the own image.
Any person affected by inaccurate statements or injured in any social media you have the right to it is rectified free of charge, immediate and proportional, without prejudice to the responsibilities of law.
8. The freedom of intellectual, artistic, technical, and scientific, as well as to the ownership of such creations and your product. The State promotes access to culture and promotes the development and dissemination.
9. To inviolability of the home. No one can enter it, or to carry out investigations or records without the authorization of the person who inhabits or without warrant, except in flagrante delicto or very severe danger of its perpetration. Exceptions for reasons of health or serious risk, are regulated by the law.
10. The secrecy and inviolability of communications and private documents.
Communications, telecommunications or their instruments can only be opened, seized, intercepted or tapped by reasoned order of the judge, with the guarantees provided for in the law. It is kept secret to matters unrelated to the fact that it motivates its consideration.
Private documents obtained in violation of this rule have no legal effect.
The books, records and accounting and administrative documents are subject to inspection or control of the competent authority, in accordance with the law. The actions taken thereon must not include their theft or seizure, except by court order.
11. To choose your place of residence, transit through the national territory, and to get out of it and enter it, except limitations for reasons of health or by court order or by the application of the aliens act.
12. To assemble peacefully without arms. Meetings or private premises open to the public do not require prior notice. Meetings convened in squares and public roads require advance notice to the authority, which may prohibit them only on proven grounds of security or of public health.
13. To associate and to establish foundations and various forms of legal organization, not-for-profit organizations, without prior authorization, and in accordance with law. They may not be dissolved by administrative decision.
14. To hire for lawful purposes, provided they are not contrary to laws of public order.
15. To work freely, subject to law.
16. Property and inheritance.
17. To participate, individually or in association, in the political, economic, social and cultural development of the Nation. The citizens have, in accordance with the law, the rights of election, removal or revocation of authorities, legislative initiative, and referendum.
18. To maintain secrecy about their political beliefs, philosophical, religious or any other nature, as well as to keep the professional secret.
19. To their ethnic and cultural identity. The State recognizes and protects the ethnic and cultural diversity of the Nation.
Every peruvian has the right to use their own language before any authority through an interpreter. Foreigners have the same right when they are cited by any authority.
20. To make requests, individually and / or collectively, by writing to the competent authority, that it is required to give the person concerned an answer in writing within the statutory period, under the responsibility.
The members of the Armed Forces and the National Police can only individually exercise the right of petition.
21. To your nationality. No one can be stripped of it. It may not be deprived of the right to obtain or renew your passport within or outside the territory of the Republic.
22. The peace, the tranquility, to enjoy the free time and rest, as well as to enjoy an environment balanced and suited to the development of his life.
23. Legitimate self-defence.
24. To liberty and security of person. Accordingly:
to. No one is forced to do what the law does not send, or prevented from doing what is not prohibited by law.
b. Do not allow any form of restriction of personal freedom, except in the cases provided by law. Are prohibited slavery, servitude and human trafficking in any of its forms.
c. There is No imprisonment for debt. This principle does not limit the injunction for breach of duties of support.
d. No one shall be prosecuted or sentenced for an act or omission that at the time was committed is not previously qualified in law, expressly and unequivocally, as punishable offences; or punished with a penalty not provided for in the law.
e. Every person is considered innocent until not has been judicially declared their responsibility.
f. Nobody can be arrested, but by means of a written and motivated by the judge or the police authorities in case of flagrante delicto. The detention will not last longer than the time strictly required for the conduct of the investigations and, in any case, the detainee must be made available to the corresponding court, within a maximum period of forty-eight hours or at the end of the distance.
These deadlines do not apply to cases of terrorism, espionage, drug trafficking and crimes committed by criminal organizations. In such cases, police authorities can carry out the preventive detention of the persons involved for a term of not more than fifteen calendar days. Must give an account to the Public prosecutor and the judge, who may assume jurisdiction prior to the expiration of such term.
g. No one can be held incommunicado but indispensable for the elucidation of a crime, and in the manner and time prescribed by law. The authority is obliged under the responsibility to point out, without delay and in writing, the place where the arrested person.
h. No one should be the victim of violence, moral, mental or physical, or subjected to torture or to inhuman or humiliating. Anyone can immediately request the medical examination of the person aggrieved, or that prevented recourse by itself to the authority. Lack of value statements obtained by violence. Who uses it incurs responsibility.
*Paragraph amended by the Law 31988published on march 20, 2024.
Article 3.- Constitutional Rights. Numerus apertus
The enumeration of the rights set out in this chapter does not exclude others that the Constitution guarantees, or others of a similar nature or that are founded on the dignity of man, or on the principles of sovereignty of the people, of the democratic State of law and the republican form of government.
CHAPTER II
OF THE SOCIAL AND ECONOMIC RIGHTS
Artículo 4.- Protección a la familia. Promoción del matrimonio
The community and the State protect especially the child, the adolescent, the mother and the old man in a situation of abandonment. They also protect the family and promote marriage. Recognize the latter as the natural and fundamental institutions of society.
The form of marriage and the causes of separation and dissolution are regulated by the law.
Artículo 5.- Concubinato
The stable union of a man and a woman, free matrimonial impediment, which form a home in fact, gives rise to a community of goods subject to the regime of the marital society as applicable.
Artículo 6.- Política Nacional de población. Paternidad y maternidad responsables. Igualdad de los hijos
The national population policy aims to disseminate and promote responsible fatherhood and motherhood. Recognizes the right of families and individuals to decide.
In this regard, the State ensures the education programs and appropriate information and access to the media, that does not affect the life or health.
It is the duty and right of parents to feed, educate, and provide security to their children. The children have the duty to respect and assist their parents.
All children have equal rights and duties. It is forbidden to mention on the marital status of the parents and the nature of the affiliation in the civil registers, and any other document of identity.
Artículo 7.- Derecho a la salud. Protección al discapacitado
Todos tienen derecho a la protección de su salud, la del medio familiar y la de la comunidad, así como el deber de contribuir a su promoción y defensa. La persona con discapacidad tiene derecho al respeto de su dignidad y a un régimen legal de protección, atención, readaptación y seguridad.
(*) Artículo modificado por la Ley N.° 32188, publicada el 11 de diciembre de 2024 (link: https://busquedas.elperuano.pe/dispositivo/NL/2352508-1)
Article 7-A.- The State recognizes the right of every person to have access to a progressive and universal to safe drinking water. The State guarantees this right by prioritizing human consumption and other uses.
The State promotes the sustainable management of the water, which is recognized as an essential natural resource and as such, constitutes a public good and heritage of the Nation. Your domain is inalienable and imprescriptible.
Artículo 8.- Represión al tráfico ilícito de drogas
The State combat and sanctions the illicit trafficking of drugs. Also, it regulates the use of the toxic social.
Artículo 9.- Política Nacional de Salud
The State determines the national health policy. Executive standard and oversees its implementation. Is responsible for designing it and lead it in the plural form and decentralization to provide equitable access to health services.
Artículo 10.- Derecho a la seguridad social
The State recognizes the universal and progressive right of everyone to social security, for protection against contingencies that specify the law and to the elevation of their quality of life.
Artículo 11.- Libre acceso a las prestaciones de salud y pensiones
The State guarantees free access to health benefits and pensions, through public entities, private or mixed. It also monitors its effective functioning.
The law establishes the entity of the National Government that administers the pension schemes by the State.
Artículo 12.- Fondos de la seguridad social
Funds and reserves of the social security are intangible. The resources are applied in the manner and under the responsibility as provided by law.
Artículo 13.- Educación y libertad de enseñanza
The education is aimed at the integral development of the human person. The State recognizes and guarantees the right to freedom of teaching. Parents have the duty to educate their children and the right to choose the education and participate in the educational process.
Artículo 14.- Educación para la vida y el trabajo. Los medios de comunicación social
Education promotes knowledge, learning and the practice of the humanities, science, technology, the arts, physical education and sport. Prepare for life and work and fosters solidarity.
It is the duty of the State to promote the scientific and technological development of the country.
Ethical and civic training and the teaching of the Constitution and of human rights are binding on the entire educational process, civil or military. Religious education is provided with respect to the freedom of conscience.
The teaching is, in all its levels, subject to the constitutional principles and the purposes of the corresponding educational institution.
Social media should collaborate with the State in education and in the moral and cultural training.
Article 14-A. The State ensures, through the public or private investment, the access to free internet all over the national territory, with special emphasis on rural areas, rural communities and native.
Artículo 15.- Profesorado, carrera pública
The teachers in formal education is a public career. The law establishes the requirements to serve as a director or a teacher of an educational center, as well as their rights and obligations. The State and society try your evaluation, training, promotion and professionalization permanent.
The learner has the right to an education that respects their identity, as well as to good psychological and physical treatment.
Any person, natural or legal entity, has the right to promote and conduct educational institutions and the transfer of ownership of these, in accordance with law.
Artículo 16.- Descentralización del sistema educativo
Both the system and the educational arrangements are decentralized.
The State coordinates the educational policy. It formulates the general guidelines of the curriculum as well as the minimum requirements for the organization of the educational centers.
Oversees compliance and the quality of education.
It is the duty of the State to ensure that no one is prevented from receiving proper education on the basis of their economic status or physical or mental limitations.
Education is a fundamental human right which ensures the development of the individual and the society, so that the State invests annually not less than 6 % of GDP.
Artículo 17.- Obligatoriedad de la educación inicial, primaria y secundaria
Education pre-school, primary and secondary school are mandatory. In the institutions of the State, the education is free of charge. In public universities, the State guarantees the right to education free of charge to students who maintain satisfactory performance and do not have the financial resources necessary to cover the costs of education.
In order to ensure greater plurality of the educational offer, and in favor of those who can not afford their education, the law sets the subsidizing private education in any of its forms, including the communal and cooperative.
The State promotes the creation of centers of education, where the population may need.
The State guarantees the eradication of illiteracy. It also promotes the bilingual and intercultural education, according to the characteristics of each area. Preserves the diverse linguistic and cultural manifestations of the country. It promotes national integration.
Artículo 18.- Educación universitaria
University education is vocational training purposes, cultural diffusion, the intellectual and artistic creation, and the scientific and technological research. The State guarantees the freedom of expression and rejects intolerance.
Universities are promoted by private or public entities. The act sets out the conditions for authorizing their operation.
The university is the community of teachers, students and graduates. In it the representatives of the promoters, according to law.
Every university is autonomous in its regulatory regime, government, academic, administrative and economic. The colleges are governed by their own statutes in the framework of the Constitution and the laws.
Artículo 19.- Régimen tributario de centros de educación
The universities, colleges and other educational centers formed in accordance with the legislation in the area enjoy inafectación of all direct and indirect taxes affecting the property, activities and services of its educational and cultural purpose.
In the field of import tariffs, you can establish a special regime of involvement for certain goods.
Grants and scholarships for educational purposes shall enjoy exemption and tax benefits in the manner and within the limits set by the law.
The law establishes the control mechanisms to secure the above-mentioned institutions, as well as the requirements and conditions that must be met for the cultural centres that exception can enjoy the same benefits.
Private educational institutions that produce revenue that by law are qualified as utilities, you can establish the application of the income tax.
Artículo 20.- Colegios profesionales
The professional schools are autonomous institutions with personality under public law. The act sets out the cases in which the licensing is mandatory.
Article 21.- Cultural heritage of the Nation*
Deposits and archaeological sites, buildings, monuments, places, library and archive documents, art objects and testimonies of historical value, are expressly declared to be cultural property, and provisionally that are presumed as such, are the cultural heritage of the Nation, regardless of whether privately or publicly owned. They are protected by the State.
In the case of cultural property undiscovered located in the subsoil and in areas of underwater of the national territory, the property of these is the State, which is inalienable and imprescriptible.
All of the goods to members of the cultural heritage of the Nation, whether they are public or private, are subordinate to the general interest. The State encourages pursuant to law, the private participation in the conservation, restoration, display, and dissemination of the same, as well as the return to the country where it has been illegally transferred outside the national territory.
*Article amended by the Law 31414published February 12, 2022.
Artículo 22.- Protección y fomento del empleo
The work is a duty and a right. It is based on social welfare and means of realization of the person.
Artículo 23.- El Estado y el trabajo
El trabajo, en sus diversas modalidades, es objeto de atención prioritaria del Estado, el cual protege especialmente a la madre, al menor de edad y a la persona con discapacidad que trabajan.(*)
The State promotes conditions for the social and economic progress, in particular through policies to promote productive employment and education for the job.
No employment relationship may limit the exercise of constitutional rights, or ignore, or reduce the dignity of the worker.
Nobody is obliged to provide work without pay, or without his free consent.
(*) Artículo modificado por la Ley N.° 32188, publicada el 11 de diciembre de 2024 (link: https://busquedas.elperuano.pe/dispositivo/NL/2352508-1)
Article 24.- Worker rights
The worker has the right to an equitable remuneration, and sufficient, to be sure, for him and his family, the spiritual and material welfare.
The payment of remuneration and social benefits of the worker has priority over any other obligation of the employer.
Minimum wages are regulated by the State with the participation of representative organizations of workers and employers.
Artículo 25.- Jornada ordinaria de trabajo
The regular work day is eight hours per day or forty eight hours per week, maximum. In case of cumulative or atypical, the average hours worked in the corresponding period may not exceed the maximum.
Workers have the right to weekly rest and annual paid. Your enjoyment and your compensation is regulated by law or by convention.
Article 26.- Principles that regulate the employment relationship
In the employment relationship, the following principles are respected:
1. Equality of opportunity without discrimination.
2. Absolute nature of the rights recognized by the Constitution and the law.
3. Interpretation favourable to the worker in case of insuperable doubt about the meaning of a rule.
Artículo 27.- Protección del trabajador frente al despido arbitrario
The law grants the worker adequate protection against arbitrary dismissal.
Artículo 28.- Derechos colectivos del trabajador. Derecho de sindicación, negociación colectiva y derecho de huelga
The State recognizes the rights of association, collective bargaining and strike. Caution his democratic exercise:
1. Guarantees freedom of association.
2. It encourages collective bargaining and promotes ways of peaceful settlement of labour disputes.
The collective agreement is binding on the scope of the agreement reached.
3. Regulates the right to strike is exercised in harmony with the social interest. He pointed out exceptions and limitations.
Artículo 29.- Participación de los trabajadores en las utilidades
The State recognizes the right of workers to participate in the profits of the company and promotes other forms of participation.
CHAPTER III
OF THE POLITICAL RIGHTS AND DUTIES
Artículo 30.- Requisitos para la ciudadanía
Are citizens over the age of eighteen years peruvians. For the exercise of citizenship is required to register to vote.
Artículo 31.- Participación ciudadana en asuntos públicos
Citizens have the right to participate in public affairs by means of a referendum; legislative initiative; removal or revocation of the authorities and demand accountability. They also have the right to be elected and to elect their representatives, in accordance with the conditions and procedures determined by organic law.
It is the right and duty of the neighbors to participate in the municipal government of its jurisdiction. The law standard and promotes the direct and indirect mechanisms of their participation.
Have the right to vote to citizens in the enjoyment of his civil capacity. For the exercise of this right is required to be registered in the corresponding registry.
The vote is personal, equal, free, secret and compulsory until the age of seventy. It is optional after that age.
The law establishes mechanisms to ensure the neutrality of the state in the electoral process and citizen participation.
Is null and punishable any act that prohibit or limit the citizen the exercise of their rights.
Artículo 32.- Consulta popular por referéndum. Excepciones
Can be subjected to a referendum:
1. The total or partial reform of the Constitution;
2. The adoption of regulations having the force of law;
3. Municipal ordinances; and
4. The matters relating to the decentralization process.
Can not be put to a referendum, the elimination or the reduction of the fundamental rights of the person, or the rules of taxation and budgetary nature, or the international treaties in force.
Artículo 33.- Suspensión del ejercicio de la ciudadanía
The exercise of citizenship is suspended:
1. Judicial interdiction.
2. Sentence to deprivation of liberty.
3. By a judgment disqualification of political rights.
Artículo 34.- Fuerzas Armadas y Fuerzas Policiales
The members of the Armed Forces and the National Police have the right to vote and to participate in public affairs, regulated by law. May not apply to elected positions, participate in campaigning activities or demonstrations or acts of proselytism, while you have not gone to the situation of retirement, according to law.
Article 34-A. Are prevented from applying to positions of popular election, the people on whom is the subject of a sentence issued in the first instance, as the authors or accomplices, by the commission of intentional crime.
Article 35.- Political Organizations
Citizens can exercise their rights individually or through political organizations such as political parties, movements or partnerships, in accordance with law. Such organizations contribute to the formation and manifestation of the popular will. Your registration in the registry grants them legal personality.
By law the provisions are aimed at ensuring the democratic functioning of political organizations and the transparency on the origin of their economic resources, as well as the verification, monitoring, control, and punishment.
The funding of political organizations can be public and private. Is governed by the law in accordance with the criteria of transparency and accountability. Public funding promotes the participation and strengthening of the political organizations under the criteria of equality and proportionality. Private financing is done through the financial system with the exceptions, caps, and corresponding facets. The illegal financing generates the sanction administrative, civil and criminal organizations.
Only authorized the dissemination of electoral propaganda in media radio and television through public funding indirect.
Artículo 36.- Asilo político
The State recognizes the political asylum. You agree to the qualification of the asylum granted by the government which grants. In the case of expulsion, is not delivered to the asylum seeker to the country whose government pursues.
Article 37.- Extradition
The extradition is granted only by the Executive prior report of the Supreme Court, in compliance with law and the treaties, and according to the principle of reciprocity.
It does not grant extradition if it is considered that has been requested for the purpose of prosecuting or punishing on the grounds of religion, nationality, political opinion or race.
Excluded from extradition those who are persecuted for political crimes or from acts associated with them. Are not considered, such as genocide or the assassination and terrorism.
Artículo 38.- Deberes para con la patria
All peruvians have the duty to honor the Peru and protect the national interests, as well as respect, comply with and defend the Constitution and the legal system of the Nation.
CHAPTER IV
DE LA FUNCIÓN PUBLICA
Article 39.- Officials and public employees*
All the servants and public workers are in the service of the Nation. The president of the Republic has the highest hierarchy in the service of the Nation and, in that order, senators and deputies, ministers of State, judges of the Constitutional Court and the National Board of Justice, the supreme judges, prosecutors, supreme, and the defender of the people, in the same category; and the representatives of decentralized bodies, and mayors, according to law.
Article 39-A. They are prevented from exercising the public function, by designation in positions of trust, the people on whom is the subject of a sentence issued in the first instance, as the authors or accomplices, by the commission of intentional crime.
*Article amended by the Law 31988published on march 20, 2024.
Artículo 40.- Carrera Administrativa
The law regulates the entrance to the administrative career, and the rights, duties and responsibilities of public servants. Are not included in this race officials who occupy positions of trust or political. No official or public servant can play more of a public employment or office is paid, with the exception of one more by the teaching function.
By law, the affirmative vote of more than half of the legal number of members of congress, extends a temporary exception to the previous paragraph, to the personal doctor, specialist or health care health, face of a health emergency.*
Are not included in the public service workers in State enterprises or companies mixed economy.
It is mandatory to regular publication in the official journal of the income, by the whole concept, perceived high officials, and other public servers provided by the act, by reason of their positions.
* Paragraph (built for the sole article of the Law 31122published on the 10th of February 2021.
Artículo 41.- Declaración Jurada de bienes y rentas
Officials and public servants referred to the law or to administer or manage funds of the State or of agencies supported by it must make a sworn statement of assets and income to take possession of his charges, during your exercise, and to cease in the same. The respective publication is made in the official gazette in such form and manner provided by the act.
When it is presumed illicit enrichment, the Prosecutor of the Nation, and for third-party complaint or ex officio, formula charges before the Judiciary.
The law establishes the liability of officials and public servants, as well as the period of his disqualification from public office.
The period of prescription of the criminal action is doubled in case of crimes against the Public Administration or the heritage of the State, both for the officials or public servants as to individuals. The criminal action is imprescriptible in cases more severe, according to the principle of legality.
Artículo 42.- Derechos de sindicación y huelga de los servidores públicos
Recognize the rights of association and the right to strike of public servants. Are not covered by State officials with decision-making power and positions of trust or address, as well as members of the Armed Forces and the National Police.
TITLE II
DEL ESTADO Y LA NACIÓN
CHAPTER I
OF THE STATE, THE NATION AND THE TERRITORY
Artículo 43.- Estado democrático de derecho. Forma de Gobierno
The Republic of Peru is a democratic, social, independent and sovereign.
The State is one and indivisible.
Its government is a unitary, representative, and decentralized, and is organized according to the principle of the separation of powers.
Article 44.-Duties of the State
Duties are primordial State: defend the national sovereignty; to ensure the full enjoyment of human rights; to protect the population from threats to their security; and to promote the general well-being that is based on justice and the integral development and balancing of the Nation.
Also, it is the duty of the State to establish and implement the policy of borders and to promote integration, particularly in Latin america, as well as the cohesion and development of the border areas, in accordance with the foreign policy.
Artículo 45.- Ejercicio del poder del Estado
The power of the State emanates from the people. Those who exercise do so with the limitations and responsibilities that the Constitution and by law.
Any person, organization, Armed forces, National Police or sector of the population cannot arrogate to itself the exercise of that power. To do so constitutes rebellion or sedition.
Artículo 46.- Gobierno usurpador. Derecho de insurgencia
No one owes obedience to a government usurper, nor to those who assume public office in violation of the Constitution and the laws.
The civilian population has the right of insurgency in defence of the constitutional order.
Are null and void the acts of those who usurp governmental functions.
Artículo 47.- Defensa Judicial del Estado
The defense of the interests of the State is in charge of the Prosecutors in accordance with law. The State is exempt from the payment of court costs.
Article 48.- Official languages
Official languages are Spanish and, in areas where they predominate, they are also the quechua, the aymara and other indigenous languages, according to the law.
Artículo 49.- Capital de la República del Perú y símbolos de la Patria
The capital of the Republic of Peru is the city of Lima. Its historical capital is the city of Cusco.
They are symbols of the Fatherland the flag as three vertical stripes with the colors red, white, and red, and the coat of arms and the national anthem are set by law.
Artículo 50.- Estado, Iglesia católica y otras confesiones
Within a framework of independence and autonomy, the State recognizes the Catholic Church as an important element in the formation of historical, cultural, and moral of Peru, and offered their collaboration.
The State respects other denominations and may establish forms of collaboration with them.
Artículo 51.- Supremacía de la Constitución
The Constitution takes precedence over all legislation; the law, on the lower hierarchy rules, and so on. Advertising is essential to the validity of any rule of the State.
Artículo 52.- Nacionalidad
Son peruanos de nacimiento los nacidos en el territorio de la República. También lo son los nacidos en el exterior de padre o madre peruanos, inscritos en el registro correspondiente, conforme a ley.
Article 53.- Acquisition and renunciation of nationality
The law regulates the ways in which we are acquired by or retrieves the nationality.
The peruvian nationality is not lost, except by express waiver to peruvian authority.
Artículo 54.- Territorio, soberanía y jurisdicción
The territory of the State are inalienable and inviolable. Includes the soil, the subsoil, the maritime domain, and the airspace that covers them.
The maritime domain of the State comprises the sea adjacent to its coast, as well as to its bed and subsoil, to the distance of two hundred nautical miles measured from the baselines set by the law.
In their maritime domain, the State exercises sovereignty and jurisdiction, without prejudice to the freedom of international communication, in accordance with the law and with treaties ratified by the State.
El Estado ejerce soberanía y jurisdicción sobre el espacio aéreo que cubre su territorio y el mar adyacente hasta el límite de las doscientas millas, sin perjuicio de las libertades de comunicación internacional, de conformidad con la ley y con los tratados ratificados por el Estado.
CHAPTER II
OF THE TREATIES
Artículo 55.- Tratados
The treaties concluded by the State, and in effect form part of the national law.
Article 56.- Approval of treaties*
Treaties must be approved by the Senate, with the vote of half plus one of the legal number of its members, prior to its ratification by the president of the Republic, always dealing with the following subjects:
1. Human Rights.
2. Sovereignty, domain or integrity of the State.
3. National Defense.
4. Financial obligations of the State.
Must also be approved with the same vote, the treaties that created, modified, or deleted taxes; those that require modification or repeal of any law, and they require legislative measures for its implementation.
*Article amended by the Law 31988published on march 20, 2024.
Article 57.- Treaties executives*
The president of the Republic may enter into or ratify treaties or to adhere to these without the requirement of prior approval of the Senate on matters not referred to in the preceding article. In all these cases, you must give an account to the Senate.
When the treaty affects constitutional provisions must be approved by the same procedure governing the reform of the Constitution, before being ratified by the President of the Republic.
The denunciation of the treaties is the authority of the president of the Republic, with charge to account to the Senate. In the case of the treaties, subject to the approval of the Senate, the report requires the prior approval of the latter.
*Article amended by the Law 31988published on march 20, 2024.
TITLE III
DEL RÉGIMEN ECONÓMICO
CHAPTER I
GENERAL PRINCIPLES
Artículo 58.- Economía Social de Mercado
The private initiative is free. It is exercised in a social market economy. Under this regime, the State directs the development of the country, and acts primarily in the areas of promotion of employment, health, education, security, public services and infrastructure.
Article 59.- Economic role of the State
The State encourages the creation of wealth, and guarantees the freedom of labor and freedom of enterprise, trade and industry. The exercise of these freedoms must not be injurious to the moral, or to the health or safety of the public. The State provides opportunities for self-improvement to sectors that suffer any inequity; in this sense, it promotes small businesses in all of its forms.
Article 60.- Economic pluralism
The State recognizes the economic pluralism. The national economy is based on the coexistence of various forms of property and enterprise.
Only authorized by applicable law, the State can perform as a subsidiary business activity, directly or indirectly, by reason of high public interest or overt convenience, national.
Business activity, public or non-public, it receives the same legal treatment.
Article 61.- Free competition
The State facilitates and monitors the free competition. Fight any practice which is the limit and the abuse of dominant position or monopoly. Any law or conclusion may not authorize or establish monopolies.
The press, radio, television and other means of expression and social communication; and, in general, companies, goods, and services related to freedom of expression and communication may not be the subject of exclusivity, monopoly or hoarding, directly or indirectly, by the State or private individuals.
Artículo 62.- Libertad de contratar
The freedom to contract ensures that the parties may agree on valid according to the rules in effect at the time of the contract. Contractual terms may not be modified, by laws, or other provisions of any kind. Disputes arising from the contractual relationship will only be resolved in arbitration or in court, according to the mechanisms of protection provided for in the contract or referred to in the law.
Through contracts-law, a State may establish guarantees and grant assurances. May not be changed legislatively, without prejudice to the protection referred to in the preceding paragraph.
Artículo 63.- Inversión nacional y extranjera
The investment of national and foreign, are subject to the same conditions. The production of goods and services, and foreign trade are free. If another country or countries adopt protectionist measures, or discriminatory harm the national interest, the State may, in defence of it, to adopt similar measures.
In every contract of the State and of persons governed by public law, foreigners domiciled comprises subjecting to the laws and courts of the Republic and a waiver of all claims diplomatic. May be exempted from the jurisdiction of national contracts of a financial nature.
The State and other persons of public law may submit disputes arising from contractual relationship to courts constituted under treaties in force. Can also be subjected to domestic or international arbitration, in the way prescribed by the law.
Artículo 64.- Tenencia y disposición de moneda extranjera
The State guarantees the free tenure and disposition of foreign currency.
Artículo 65.- Protección al consumidor
The State defends the interests of consumers and users. For this purpose, guarantees the right to information about the goods and services that are available in the market. Also sailing, in particular, for the health and safety of the population.
CHAPTER II
OF THE ENVIRONMENT AND NATURAL RESOURCES
Artículo 66.- Recursos Naturales
Natural resources, renewable and non-renewable, are the heritage of the Nation. The State is sovereign in its use.
By organic law will set out the conditions of their use and of his grant to private individuals. The grant confers on the holder of a real right, subject to such a legal norm.
Article 67.- Environmental Policy
The State determines the national policy on the environment. Promotes the sustainable use of their natural resources.
Article 68.- Conservation of the biodiversity and protected natural areas
The State is obliged to promote the conservation of biological diversity and of natural protected areas.
Artículo 69.- Desarrollo de la Amazonía
The State promotes the sustainable development of the Amazon with appropriate legislation.
CHAPTER III
PROPERTY
Artículo 70.- Inviolabilidad del derecho de propiedad
The right to property is inviolable. The State warrants it. Is to be exercised in harmony with the common good and within the limits of law. No one can be deprived of his property, but, exclusively, for the sake of national security or public necessity, declared by law, and subject to the payment in cash compensation justipreciada that includes compensation for possible damages. There is action before the courts to answer the value of the property which the State has pointed out in the procedure of expropriation.
Artículo 71.- Propiedad de los extranjeros
In terms of property, aliens, whether individuals or legal entities, are in the same condition that peruvians, however, in any case, to invoke the exception or diplomatic protection.
However, within fifty miles of the borders, foreigners may not acquire or possess any degree, mines, land, forests, water, fuels and sources of energy, directly or indirectly, individually or in partnership, under penalty of losing the benefit of the State, the right thus acquired. It is excepted the case of public necessity expressly declared by supreme decree approved by the Council of Ministers in accordance with the law.
Artículo 72.- Restricciones por seguridad nacional
The law may, only by reason of national security, to temporarily set specific restrictions and prohibitions for the acquisition, possession, exploitation and transfer of certain assets.
Artículo 73.- Bienes de dominio y uso público
The public domain is inalienable and imprescriptible. Property for public use can be granted to individuals in accordance with law, for its economic use.
CHAPTER IV
DEL RÉGIMEN TRIBUTARIO Y PRESUPUESTAL
Article 74.- Principle of Legality
Taxes are created, modified, or repealed, or set a release, exclusively by law or executive order in the case of delegation of powers, except the duties and taxes, which are regulated by supreme decree.
The Regional Governments and Local Governments can create, modify, and delete contributions and fees, or to waive them, within its jurisdiction, and with the limits regulated by law. The State, the exercise of the power to tax, you must respect the principles of the book of the law, and the equality and respect of the fundamental rights of the person. No tribute can be confiscatory.
The laws of budget and emergency decrees may not contain rules on tax matters. The laws relating to taxes and annual governing from the first of January of the year following its enactment.
No effect of the tax regulations issued in violation of the provisions of this article.
Artículo 75.- De la deuda pública
The State guarantees the payment of the public debt incurred by governments of constitutional accordance with the Constitution and the law.
The operations of domestic debt and external State are approved in accordance with the law.
Municipalities can celebrate operations-fee credit to their resources and assets, without requiring statutory authorization.
Article 76.- Obligation of contracts and public procurement
The works and the procurement of supplies with the use of funds or public resources are running mandatory for contracts and public procurement, as well as the acquisition or alienation of property.
The procurement of services, and projects whose importance and the amount of which points to the Budget Act is done by public tender. The law lays down the procedure, the exceptions and the respective responsibilities.
Artículo 77.- Presupuesto público
The finance and economic administration of the State is governed by the budget annually approves the Congress. The structure of the budget of the public sector contains two sections: Central Government and decentralized level.
The budget allocates resources equally public, its programming and execution respond to the criteria of efficiency of basic social needs and decentralization. Correspond to the respective constituencies, according to law, to receive a proper involvement of the total of the income and gains earned by the State in the exploitation of natural resources in each zone in quality of canon.
Artículo 78.- Proyectos de Ley de Presupuesto, Endeudamiento y Equilibrio Financiero*
The president of the Republic submits to Congress the Budget Bill within a time limit which expires on the 30th of August of each year. This project is studied and ruled by a bicameral commission composed of an equal number of senators and deputies. The opinion is debated and voted on by the Congress, in accordance with the provisions of its rules of procedure.
*Article amended by the Law 31988published on march 20, 2024.
Artículo 79.- Restricciones en el gasto público*
The representatives in Congress do not have the initiative to create or increase public expenditures, except in regard to your budget.
Congress may not pass taxes for default, except by request of the Executive Power.
In any other case, the laws of nature tax relating to benefits or exemptions require a prior report of the Ministry of Economy and Finance. Their approval requires the vote of more than half of the legal number of members of each chamber.
Just by applicable law, passed in each house by two-thirds of the legal number of its members, can be set selectively and temporarily a special tax treatment for a particular area of the country.
*Article amended by the Law 31988published on march 20, 2024.
Article 80.- The sustainability of the public budget*
The minister of Economy and Finance supports, before the Chamber of Deputies and the Senate, in Congress assembled of the Republic, the statement of income. Each minister supports the statements of expenditure from your industry; previously supporting the goals and results of the implementation of the budget of the previous year and the progress made in the implementation of the budget of the corresponding fiscal year. The president of the Supreme Court, the public prosecutor of the Nation, and the president of the National Jury of Elections underpin the sheets corresponding to each institution.
If the autograph of the Budget Law is not referred to the Executive Power until the thirtieth of November, comes into effect on the project, which is promulgated by legislative decree.
The additional appropriations, allotments and transfers of items are dealt with by the Congress of the Republic such as the Budget Law. During the recess of parliament are dealt with by the Standing Committee. To approve, it requires the votes of three-fifths of the legal number of its members.
*Article amended by the Law 31988published on march 20, 2024.
Article 81.- The General Account of the Republic*
The General Account of the Republic, accompanied by the audit report of the Comptroller General of the Republic, is submitted by the president of the Republic to the Congress of the Republic in a term expiring on the fifteenth of August of the year following the implementation of the budget.
The General Account of the Republic is examined and ruled upon by a bicameral commission composed of an equal number of senators and deputies, as provided in the Regulations of the Congress, until the fifteenth of October. The Senate and the House of representatives, in Congress assembled, that are pronounced in a term expiring on the thirtieth of November. If there is no statement of the Congress of the Republic in the period indicated, the lift to the opinion of the bicameral commission to the Executive Power for this to promulgate a legislative decree that contains the General Account of the Republic.
*Article amended by the Law 31988published on march 20, 2024.
Artículo 82.- La Contraloría General de la República*
The office of the Comptroller General of the Republic is a decentralized body of Public Law that enjoys autonomy in accordance with its organic law. It is the highest body of the National System of Control. Supervises the legality of the execution of the State Budget of the operations of the public debt and of the acts of the institutions subject to control.
The comptroller general is appointed by the Senate on the proposal of the Executive Power, for seven years. Can be removed by the same camera for serious misconduct.
*Article amended by the Law 31988published on march 20, 2024.
CHAPTER V
CURRENCY AND BANKING
Artículo 83.- El sistema monetario
The law determines the monetary system of the Republic. The issuance of banknotes and coins is the sole and exclusive authority of the State. The exercises through the intermediary of the Central Reserve Bank of Peru.
Artículo 84.- Banco Central de Reserva del Perú
The Central Bank is a legal entity of public law. Has autonomy within the framework of its Organic Law.
The purpose of the Central Bank is to preserve monetary stability. Its functions are: to regulate the currency and credit of the financial system, administering the international reserves at its expense, and other functions that points to its organic law.
The Bank informs the country, accurate, and from time to time on the state of the national finances, under the responsibility of its board of directors.
The Bank is prohibited from grant funding from the state treasury, except for the purchase in the secondary market, securities issued by the Treasury, within the limit that points to its Organic Law.
Artículo 85.- Reservas Internacionales
The Bank may carry out operations and to conclude agreements of credit to cover imbalances transients in the position of the international reserves.
Authorization required by law, when the amount of such transactions or agreements exceeds the limit indicated by the Budget of the Public Sector, with charge to account to Congress.
Article 86.- Directory of the Central Reserve Bank*
The Central Reserve Bank is governed by a board of seven members. The Executive branch appoints four, among them the president. The Senate ratifies it and choose the remaining three with the absolute majority of the legal number of its members.
All the directors of the Central Bank are appointed by the constitutional period that corresponds to the president of the Republic. They do not represent entity or particular interest to some. The Senate can remove them for misconduct with an equal vote. In case of the removal, the new directors complete the corresponding period of the constitution.
*Article amended by the Law 31988published on march 20, 2024.
Article 87.- Superintendency of Banking and Insurance*
The State encourages and guarantees the savings. The law provides for the obligations and the limits of the companies that receive savings of the public, as well as the mode and scope of this warranty.
The Superintendency of Banking, Insurance and Administrators of Private Pension Funds has control of the banking companies, insurance, pension funds management, other that receive deposits from the public and those others who, for performing operations related, or similar, are determined by law.
The law provides for the organization and the functional autonomy of the Superintendency of Banking, Insurance and Administrators of Private Pension Funds.
The Executive branch appoints the superintendent of banking, insurance and administrators of private pension funds by the deadline corresponding to their constitutional period. The Senate ratified the treaty.
*Article amended by the Law 31988published on march 20, 2024.
CHAPTER VI
DEL RÉGIMEN AGRARIO Y DE LAS COMUNIDADES CAMPESINAS, NATIVAS Y DEL PUEBLO AFROPERUANO(*)
(*) Capítulo modificado por la Ley N.° 32189, publicada el 11 de diciembre de 2024 (link: https://busquedas.elperuano.pe/dispositivo/NL/2352508-2)
Artículo 88.- Régimen Agrario
The State preferentially supports the development of agriculture. Guarantees the right of ownership over the land, in the form of a private or communal, or in any other way associative. The law can set limits and the extension of the earth according to the peculiarities of each area.
The abandoned lands, according to legal provision, passed to the domain of the State for the awarding of the contract for sale.
Artículo 89.- Comunidades campesinas y nativas
Las Comunidades Campesinas y las Nativas tienen existencia legal y son personas jurídicas. Son autónomas en su organización, en el trabajo comunal y en el uso y la libre disposición de sus tierras, así como en lo económico y administrativo, dentro del marco que la ley establece. La propiedad de sus tierras es imprescriptible, salvo en el caso de abandono previsto en el artículo anterior.
El Estado respeta la identidad cultural de las Comunidades Campesinas, Nativas y del Pueblo Afroperuano.(*)
(*) Artículo modificado por la Ley N.° 32189, publicada el 11 de diciembre de 2024 (link: https://busquedas.elperuano.pe/dispositivo/NL/2352508-2)
TITLE IV
THE STRUCTURE OF THE STATE
CHAPTER I
LEGISLATIVE POWER
Article 90.- Bicameralidad*
The Legislative Power is vested in the Congress of the Republic, which is formed by the Senate and Chamber of Deputies.
The Senate is formed by a minimum number of sixty senators, elected for a period of five years by an electoral process in accordance with the law, ensuring that, at least, to choose a representative for each constituency, while the remainder are elected by single district national elections. The number of senators can be increased by an organic law.
The House of representatives has a minimum number of one hundred and thirty members, elected for a period of five years by an electoral process in accordance with law. The number of representatives may be increased by an organic law, in relation with the population increase.
During the break works the Permanent Commission, in accordance with the Regulations of the Congress.
The Presidency of the Congress of the Republic is vested in an alternating fashion on the presidents of each camera.
To be elected a senator, a person must be peruvian by birth, having served forty-five years old at the time of the nomination or have been a congressman or member of parliament, and to enjoy the right of suffrage.
To be elected a deputy is required to be peruvian by birth, having served twenty-five years old at the time of the application and to enjoy the right of suffrage.
The candidates for president and vice-presidents of the Republic can be simultaneously candidates for senator or deputy.
The senators and deputies may be re-elected immediately in the same position.
*Article amended by the Law 31988published on march 20, 2024.
Article 90-A Repealed*
*Article repealed by the provision repealing the Law 31988published on march 20, 2024.
Article 91.- Impediment to being elected congressman*
May not be elected members of the Congress of the Republic if they have not resigned from his position six (6) months before the election:
1. The president of the Republic, ministers, deputy ministers of State, or the comptroller general.
2. The members of the Constitutional Court, of the National Board of Justice, the Judicial Power, the Public Ministry, the National Jury of Elections, the ombudsman, the chief of the National Office of Electoral Processes or the head of the National Registry of Identification and Civil Status.
3. The President of the Central Reserve Bank, the Superintendent of Banking, Insurance and Administrators of Private Pension Funds and the National Superintendent of Tax Administration.
4. The members of the Armed Forces and the National Police in activity, and
5. The other cases that the Constitution provides.
*Article amended by the Law 31988published on march 20, 2024.
Artículo 92.- Función y mandato del congresista. Incompatibilidades
The function of a senator or deputy is full-time. It is prohibited to perform any charge or practice any profession or occupation, and during the hours of operation of the Congress.
The mandate of the senator or deputy is incompatible with the exercise of any public function, except that of minister of State, and the performance, with the authorization of Congress, commissions, overtime of an international character. Likewise exempts the practice of university teaching.
The function of a senator or deputy is also incompatible with the status of a manager, agent, representative, agent, attorney, or a controlling shareholder or a member of the board of companies with State contracts for works, supply or procurement, or that manage public revenues or providing public services.
The function of a senator or deputy is incompatible with similar charges in companies that, during the term of his mandate, to obtain concessions from the State, as well as in companies in the credit system financial supervised by the Superintendence of Banking, Insurance and Administrators of Private Pension Funds.
*Article amended by the Law 31988published on march 20, 2024.
Article 93.-Parliamentary immunity*
The senators and deputies to represent the Nation. Are not subject to any imperative mandate or inquiry.
They are not responsible to any authority or court for any of the opinions and the votes that emit in the exercise of their functions. The judges of the Constitutional Court and the ombudsman enjoys the same privileges as the senators and deputies.
Processing by the commission of common crimes imputed to the senators or deputies during the exercise of his mandate in the competence of the Supreme Court of Justice.
In case of commission of crimes before assuming the mandate, the court in ordinary criminal.
*Article amended by the single article of the Law 31118, publicada el 6 de febrero de 2021; por la Law 31988, publicada el 20 de marzo de 2024.
Artículo 94.- Reglamento del Congreso*
The Congress of the Republic, the Senate and the Chamber of Deputies developed and approved their respective regulations, which have the nature of the organic law; they choose their representatives on the Standing Committee and the other committees, in accordance with the principles of plurality and proportionality. Also, establish your organization and powers of the parliamentary groups; appoint and remove officers and employees, and give them the benefits that they are entitled according to law. The Congress of the Republic punishes your budget and governs its economy.
*Article amended by the Law 31988published on march 20, 2024.
Article 95.- Indispensability of the legislative mandate*
The legislative mandate of senator or deputy is indispensable.
The disciplinary sanctions imposed by the cameras to their representatives and involving suspension of the functions may not exceed one hundred twenty days of the legislature.
*Article amended by the Law 31988published on march 20, 2024.
Article 96.- Power to request information to the public entities*
Any senator or member may ask the ministers of State, the National Jury of Elections, the comptroller general, the Central Reserve Bank, the Superintendent of Banking, Insurance and Administrators of Private Pension Funds, governments, regional and local governments, and the institutions that provided by the act, the reports as it deems necessary.
The request is made in writing and in accordance with the regulations of each chamber. The lack of response gives rise to the responsibilities of law.
*Article amended by the Law 31988published on march 20, 2024.
Article 97.- Audit function*
The Chamber of Deputies can initiate investigations on any matter of public interest. It is mandatory to show, by request, before the commissions in charge of such investigations, under the same constraints that are observed in the judicial procedure.
For the fulfillment of its purposes, these fees may access any information, which may involve the lifting of bank secrecy and tax reserve; except for the information that affects personal privacy. Its findings are not binding on the courts.
*Article amended by the Law 31988published on march 20, 2024.
Artículo 98.- Inviolabilidad del recinto parlamentario*
The president of the Republic is obliged to make available to the Congress, the members of the Armed Forces and the National Police who sued the president of each chamber.
The Armed Forces and the National Police can not enter to the halls of Congress, but with the authorization of its own president.
*Article amended by the Law 31988published on march 20, 2024.
Article 99.- Prosecution for a violation of the Constitution*
Corresponds to the Chamber of Deputies, in accordance with its rules, to accuse before the Senate: the president of the Republic; to the senators; members; to the ministers of State, judges of the Constitutional Court; the members of the National Board of Justice; the judges of the Supreme Court; prosecutors supreme; the ombudsman and the auditor general for a violation of the Constitution and any crime committed in the exercise of its functions and up to five years after they have ceased to be in them.
*Article amended by the Law 31988published on march 20, 2024.
Artículo 100.- Antejuicio Constitucional*
Corresponds to the Senate, in accordance with its regulations, or not to suspend the accused officer or disable it for exercising a public function for up to ten years, or to dismiss him from their function, without prejudice to any other liability.
The accused has the right, in this proceeding, the defense by himself and with the assistance of an attorney before the Chamber of Deputies and the Senate.
In the event of termination prosecution of criminal content, the Prosecutor of the Nation, evaluated, according to their powers, the exercise of the criminal action in the Supreme Court.
The acquittal of the Supreme Court returned to the accused his political rights.
The terms of the complaint and the fiscal of the car apertorio of instruction may not exceed or reduce the terms of the indictment of the Congress.
*Article amended by the Law 31988published on march 20, 2024.
Article 101.- Powers of the Standing Commission*
The Standing Committee is made up of an equal number of senators and deputies elected by their respective chambers. Works during the recess of the Senate and of the Chamber of Deputies. It is presided over by the president of the Congress.
Their number tends to be proportional to that of the representatives from each parliamentary group and does not exceed twenty percent of the total number of members of Congress.
Powers of the Standing Committee:
1. Approve additional appropriations, transfers, and ratings of the budget, during the recess member of parliament.
2. To exercise the delegation of legislative powers that Congress granted.
Cannot be delegated to the Permanent Commission on matters relating to constitutional reform, or to the approval of international treaties, organic laws, laws, authoritative delegation of powers to the Executive, Budget Law and the Law on the General Account of the Republic.
3. To authorize the president of the Republic to leave the country in the recess in parliament.
4. The others assigned to it by the Constitution and that points to the Regulation of Congress.
*Article amended by the Law 31988published on march 20, 2024.
Article 102.- Powers of Congress*
The powers of the Congress:
1. To give laws and legislative resolutions, as well as to interpret, amend or repeal the existing, in accordance with the Regulations of the Congress and one for each camera.
2. To ensure the respect of the Constitution and the laws, and arrange appropriate to enforce the liability of the offenders.
3. Approve the Budget and the General Account of the Republic.
4. To authorize loans, in accordance to the Constitution.
5. To exercise the right to amnesty.
6. Approve the law of territorial demarcation proposed by the Executive Power in accordance with the ordinary legislative process.
7. Approve or amend its rules.
8. Exercise the other functions assigned to it by the Constitution and those that are unique to the legislative function.
*Article amended by the Law 31988published on march 20, 2024.
Article 102-A. the powers of the Senate:*
1. Approve, modify or reject legislative proposals submitted by the Chamber of Deputies.
2. Choose the defender of the people with the vote of two-thirds of the legal number of its members and, if that is the case, to be removed for misconduct with an equal vote.
3. Appoint the comptroller general of the Republic and, if that is the case, to be removed for misconduct.
4. To elect the judges of the Constitutional Court with the vote of two-thirds of the legal number of its members.
5. To elect three directors of the Central Reserve Bank and the ratification of the appointment of its president with an absolute majority of the legal number of its members, and to remove them for misconduct with an equal vote.
6. Ratify the superintendent of banking, insurance and administrators of private pension funds.
7. To authorize the president of the Republic to leave the country.
8. Consent to the entry of foreign troops in the territory of the Republic, provided it does not affect, in any manner, national sovereignty.
9. Review the emergency decrees issued by the president of the Republic during the interregnum, parliament and proceed to modification in accordance with its regulations.
10. Exercise control over legislative decrees, decrees of urgency, treaties, and decrees of state of exception.
11. Approve the treaties referred to in article 56 prior to its ratification by the president of the Republic.
12. Exercise the other functions assigned to it by the Constitution and those that are specific to their function.
*Article incorporated by the Law 31988published on march 20, 2024.
Article 102-B. the powers of the Chamber of Deputies:*
1. To approve the proposals, to be submitted to the Senate, according to its rules.
2. Rebuke and censure the ministers of State.
3. To grant or refuse the trust raised by ministerial initiative.
4. Conform to the truth commission with the aim of initiating investigations on any matter of public interest.
5. Exercise the other functions assigned to it by the Constitution and those that are specific to their function.
*Article incorporated by the Law 31988published on march 20, 2024.
CHAPTER II
OF THE LEGISLATIVE FUNCTION
Artículo 103.- Leyes especiales, irretroactividad, derogación y abuso del derecho
May be issued special laws because so required by the nature of things, but not by reason of the differences of the people. The law, from its entry into force, applies to the consequences of the relationships and legal situations and do not have the strength nor retroactive effect; except, in both cases, in criminal matters when it favors the defendant. The law was repealed only by another act of law. It is also without effect in a sentence that declares it unconstitutional.
Constitution does not extend to the abuse of the right.
Artículo 104.- Delegación de facultades al Poder Ejecutivo*
The Congress can delegate to the Executive the power to legislate, through legislative decrees, on specific subject matter and by the deadline set out in the act authoritative.
Cannot be delegated matters that cannot be delegated to the Commission.
The legislative decrees are subjected to, in terms of its promulgation, publication, validity and effects, to the same rules that apply to the law.
The president of the Republic gives account to the Senate or to the Permanent Commission, of each legislative decree issued, in accordance with the procedure established by the Rules of the Senate.
*Article amended by the Law 31988published on march 20, 2024.
Artículo 105.- Proyectos de Ley*
No bill can be punished without having been previously approved by the respective committees reporting, unless an exception is mentioned in the regulations. All law must be voted on by their respective camera. Have a preference the projects submitted by the Executive as a matter of urgency.
Approved the proposal of law by the Chamber of Deputies, the president gives an account on the deadline set out in its rules of procedure, the president of the Senate, which, it is subjected to review. Rejected the bill by the House of representatives, this has been archived.
Within the time limit set out in its rules, the Senate approved or modified, the legislative proposal submitted by the Chamber of Deputies and forwards the autograph of law to the president of the Republic for promulgation.
The expiration of the period for review in the Senate, the Congress president refers to the president of the Republic, the autograph of law approved by the Chamber of Deputies.
Rejected the proposal by the Senate, this has been archived.
*Article amended by the Law 31988published on march 20, 2024.
Artículo 106.- Leyes Orgánicas*
Using organic laws governing the structure and functioning of the institutions of the State provided for in the Constitution, as well as other matters that are regulated by organic law is established in the Constitution.
The draft organic law are dealt with as any other law. For approval or amendment, requires the vote of more than half of the legal number of members in both chambers.
*Article amended by the Law 31988published on march 20, 2024.
CHAPTER III
DE LA FORMACIÓN Y PROMULGACIÓN DE LAS LEYES
Article 107.- Legislative Initiative*
The president of the Republic and the deputies have the right to initiative in the formation of laws.
They also have the same right in the subjects that they are unique to the other powers of the State, public institutions, autonomous, Regional Governments, Local Governments, and professional associations. Also what have the citizens who exercise the right of initiative in accordance with the law.
*Article amended by the Law 31988published on march 20, 2024.
Artículo 108.- Promulgación de las Leyes*
The law, approved as provided by the Constitution and the rules of each chamber, it is sent to the president of the Republic for promulgation within a period of fifteen days. In case of non-promulgation by the president of the Republic promulgates the president of the Congress.
If the president of the Republic has observations to make about the whole or a part of the law passed in Congress, presented to those in the above-mentioned term of fifteen days.
Reconsidered the bill with the vote of half plus one of the legal number of members of each chamber, the president of the Congress of the Republic promulgates.
Laws repealed or modified by a legislative decree or a decree of urgency or override a supreme decree as a result of the control exercised by the Senate, are issued directly by the president of the Congress.
*Article amended by the Law 31988published on march 20, 2024.
Artículo 109.- Vigencia y obligatoriedad de la Ley
The law is compulsory from the day following that of its publication in the official journal, unless otherwise provided in the same law that postpones its validity in whole or in part.
CHAPTER IV
EXECUTIVE POWER
Artículo 110.- El Presidente de la República
The President of the Republic is the Head of State and personified the Nation.
To be elected President of the Republic is required to be peruvian by birth, having more than thirty-five years of age at the time of the application and to enjoy the right of suffrage.
Artículo 111.- Elección del Presidente de la República
The President of the Republic is elected by direct popular vote. It is elected the candidate who gets more than half of the votes. The votes flawed or blank are not counted.
If none of the candidates received an absolute majority, it proceeds to a second election within thirty days following the proclamation of the computations officers, among the candidates who have obtained the two highest majorities relative.
Along with the President of the Republic are elected, in the same way, with the same requirements and for the same term, two vice-presidents.
Artículo 112.- Duración del mandato presidencial
The presidential term is five years, with no immediate re-election. Passed another constitutional period, as a minimum, the ex-president may reapply, subject to the same conditions.
Artículo 113.- Vacancia de la Presidencia de la República
The president of the Republic of cow for:
1. Death of the President of the Republic.
2. Its permanent disability, moral or physical, as declared by the Congress.
3. Acceptance of his resignation by Congress.
4. Leaving national territory without permission of Congress or not returning to him within the time period specified.
5. Dismissal, after having been sanctioned for any of the infractions mentioned in article 117 of the Constitution.
Artículo 114.- Suspensión del ejercicio de la Presidencia
The exercise of the Presidency of the Republic is suspended by:
1. Temporary incapacity of the President, declared by Congress, or
2. It is subject to judicial process, in accordance with article 117 of the Constitution.
Artículo 115.- Impedimento temporal o permanente del ejercicio de la Presidencia
For a temporary or permanent disability of the President of the Republic assumes his duties of the First Vice-president. In default of this, the Second Vice-president. By impairment of both, the President of the Congress. If the impairment is permanent, the President of the Congress calls for immediate elections.
When the President of the Republic out of the national territory, the First Vice-president is in charge of the office. Failing that, what makes the Second Vice-president.
Artículo 116.- Asunción del cargo presidencial
The President of the Republic takes an oath of law and assumes the position, to Congress, on the 28th of July of the year in which the choice is made.
Artículo 117.- Excepción a la inmunidad presidencial*
The president of the Republic can only be charged during your period, by treason; to prevent the presidential elections, parliamentary, regional and municipal; to dissolve the Chamber of Deputies, except in the cases provided for in article 134 of the Constitution and to prevent the meeting or function of any of the chambers of Congress, or the National Jury of Elections and other agencies of the electoral system.
*Article amended by the Law 31988published on march 20, 2024.
Artículo 118.- Atribuciones del Presidente de la República*
It corresponds to the President of the Republic:
1. Comply with and enforce the Constitution and treaties, laws and other legal provisions.
2. Represent the State, inside and outside the Republic.
3. Direct the general policy of the Government.
4. Ensure the internal order and the external security of the Republic.
5. Convene elections for President of the Republic and for representatives to Congress, as well as for mayors and aldermen and other officials as provided by law.
6. Summon the Congress legislature extraordinary; and sign, in that case, the decree of convocation.
7. Direct messages to the Congress at any time and obligatorily, in personal form and in writing, to be installed the first legislature ordinary annual. The annual messages contain a detailed exposition of the situation of the Republic and the improvements and reforms that the President deems necessary and convenient for consideration by the Congress. The messages of the President of the Republic, except for the first one, are approved by the Council of Ministers.
8. To exercise the power to regulate the laws without transgressing them or desnaturalizarlas; and, within such limits, issue decrees and resolutions.
9. Comply and enforce the judgments and resolutions of the jurisdictional bodies.
10. Fulfill and enforce the resolutions of the National Jury of Elections.
11. Direct foreign policy and international relations; and celebrate and ratify treaties.
12. Appoint ambassadors and ministers plenipotentiary, with the approval of the Council of Ministers, with charge to account to the Congress of the Republic.
13. Receive the diplomatic agents of foreign, and authorize the consuls to exercise their functions.
14. Preside over the National Defense System; and organize, distribute and arrange the employment of the Armed Forces and the National Police.
15. To adopt the measures necessary for the defense of the Republic, the integrity of the territory and the sovereignty of the State.
16. Declare war and sign peace, with authorization from Congress.
17. Manage public finances.
18. Negotiate loans.
19. Dictate extraordinary measures, by emergency decrees with force of law, in economic and financial, as may be required by the national interest, and to account to the Senate, which you can modify them or their repeal by following the procedure laid down in its rules of procedure.
20. To regulate tariffs.
21. Grant pardons and commute sentences. Exercising the right of grace for the benefit of the accused in cases where the stage of instruction has exceeded twice its term plus its ampliatoria.
22. Confer decorations on behalf of the Nation, with the agreement of the Council of Ministers.
23. Authorize peruvians to serve in a foreign army. And
24. Exercise the other functions of government and administration that the Constitution and the laws entrusted to them.
*Article amended by the Law 31988published on march 20, 2024.
CHAPTER V
OF THE COUNCIL OF MINISTERS
Artículo 119.- Dirección y gestión de los Servicios Públicos
The leadership and management of the public services are entrusted to the Council of Ministers; and every minister in matters regarding the portfolio to his office.
Artículo 120.- Refrendación Ministerial
Are null and void the acts of the President of the Republic that lack of endorsement ministerial.
Artículo 121.- Consejo de Ministros
The ministers, assembled, they form the Council of Ministers. The law determines its organization and functions.
The Council of Ministers has its President. It corresponds to the President of the Republic to preside over the Council of Ministers when he calls or when he attends its sessions.
Artículo 122.- Nombramiento y remoción del Presidente del Consejo de Ministros y demás Ministros
The President of the Republic appoints and removes the President of the Council. Appoints and removes the other ministers, on proposal and with agreement, respectively, from the President of the Council.
Artículo 123.- Atribuciones del Presidente del Consejo de Ministros y demás Ministros
The President of the Council of Ministers, who can be a minister without portfolio, is:
1. Be, after the President of the Republic, the authorized spokesperson of the government.
2. Coordinate the functions of the other ministers.
3. The endorsement of the legislative decrees, decrees of urgency and other decrees and resolutions that point to the Constitution and the law.
Artículo 124.- Requisitos para ser Ministro de Estado
To be a Minister of State, is required to be peruvian by birth, citizen in the exercise and be at least twenty-five years of age. The members of the Armed Forces and the National Police can be ministers.
Artículo 125.- Atribuciones del Consejo de Ministros
The powers of the Council of Ministers:
1. Pass bills that the President submits to the Congress.
2. Approve the legislative decrees and decrees of urgency dictates of the President of the Republic, as well as the projects of law and the decrees and resolutions of the law.
3. Deliberate on matters of public interest. And
4. The other conferred by the Constitution and the law.
Artículo 126.- Acuerdos del Consejo de Ministro
The entire agreement of the Council of Ministers required the vote approval of the majority of its members, and is stated in the minutes.
Ministers are not able to exercise other public function, except the legislative.
The ministers may not be managers of their own interests or that of third parties or to exercise gainful activity, or to intervene in the direction or management of enterprises or private associations.
Artículo 127.- Encargo de la Función Ministerial
There are No ministers interim. The President of the Republic can be entrusted to a minister who, with retention of its portfolio, to take charge of another impediment that serves it, without that this charge can last for more than thirty days, nor to be passed on to other ministers.
Artículo 128.- Responsabilidad de los Ministros
The ministers are individually responsible for their own acts and for the acts, presidential supporting.
All ministers are jointly and severally liable for criminal acts or to violate the Constitution or the laws incurred by the President of the Republic or that are agreed upon in the Council, although save their vote, unless they resign immediately.
Artículo 129.- Concurrencia de Ministros al Congreso*
The Council of Ministers in full or the ministers separately may attend the sessions of either house of the Congress of the Republic and participate in its deliberations, in accordance with the provisions of the respective procedures.
Concur also when they are invited to report.
The chairman of the Board or one, at least, of the ministers, attending regularly to the plenary sessions of the Chamber of Deputies to the station of questions.
*Article amended by the Law 31988published on march 20, 2024.
CHAPTER VI
RELATIONS WITH THE LEGISLATIVE BRANCH
Artículo 130.- Exposición de la Política General del Gobierno. Cuestión de Confianza*
Within thirty days of assuming his functions, the president of the Council, she goes to the Chamber of Deputies, in the company of the other ministers, to present and discuss the general policy of the government and the major steps required for their management. This exposure does not lead to the approach of a question of trust.
If the House of representatives is not in session, the president of the Republic convenes legislature extraordinary.
*Article amended by the Law 31988published on march 20, 2024.
Artículo 131.- Interpelación a los Ministros*
It is mandatory to have the concurrence of the Council of Ministers, or any of the ministers, when the Chamber of Deputies calls for interpelarlos.
The inquiry is made in writing. Must be submitted by at least fifteen percent of the legal number of deputies. For admission, it requires the vote of the third of the number of deputies days; the voting is carried out unfailingly in the next session.
The Chamber of Deputies noted the date and time for ministers to respond to the inquiry. This can't be done or put to the vote before the third day of his admission or after the tenth.
*Article amended by the Law 31988published on march 20, 2024.
Artículo 132.- Voto de censura o rechazo de la cuestión de confianza*
The Chamber of Deputies makes effective the political responsibility of the Council of Ministers, or ministers separately, by a vote of no confidence or by the rejection of the question of trust. This last arises only by ministerial initiative.
Any motion of no confidence against the Council of Ministers, or against any of the ministers, must be submitted by at least twenty-five percent of the legal number of members of the Chamber of Deputies. Debate and vote between the fourth and tenth calendar day after your presentation. Their approval requires the vote of more than half of the legal number of its members.
The Council of Ministers or the minister censured, should resign.
The President of the Republic accepts the resignation within seventy-two hours.
The disapproval of a ministerial initiative does not oblige the minister to resign, unless made a matter of trust approval.
*Article amended by the Law 31988published on march 20, 2024.
Artículo 133.- Crisis total del gabinete*
The president of the Council of Ministers may submit to the Chamber of Deputies a matter of trust on behalf of the Board. If trust is refused, or if it is censored, or if you give or is removed from office by the president of the Republic, it produces the total crisis of the cabinet.
*Article amended by the Law 31988published on march 20, 2024.
Article 134.- Dissolution of the Congress*
The president of the Republic is empowered to dissolve the Chamber of Deputies if it has censured or denied its confidence to two Councils of Ministers.
The dissolution decree contains the call for elections for a new Chamber of Deputies. Such elections must be held within four months of the date of dissolution, without being able to alter the electoral system pre-existing.
The Chamber of Deputies extraordinarily well chosen replaces the previous one and complete the constitutional period of the Chamber of Deputies has been dissolved.
May not dissolve the Chamber of Deputies in the last year of his mandate. Dissolved the chamber, holds office by the Senate, which can not be dissolved.
There are other forms of revocation of the parliamentary mandate. Under state of siege, the Chamber of Deputies may not be dissolved.
*Article amended by the Law 31988published on march 20, 2024.
Article 135.- Installation of the new Congress*
Meeting the new Chamber of Deputies, may censor the Council of Ministers after the president of the Council of Ministers has been exposed to the camera acts of the Executive Power during the interregnum, parliament.
En ese interregno, el Poder Ejecutivo legisla mediante decretos de urgencia, los que necesariamente están vinculados al normal funcionamiento del Estado o las materias propias de la política general del Gobierno, de los que da cuenta al Senado para que los revise conforme a lo dispuesto en el inciso 9 del artículo 102-A.
*Article amended by the Law 31988published on march 20, 2024.
Artículo 136.- Restitución de facultades del Congreso disuelto*
If the election is not made within the stated period, the Chamber of Deputies dissolved meets full-fledged, regains their faculties, and dismiss the Council of Ministers. None of the members may be re-appointed minister for the rest of the presidential term.
*Article amended by the Law 31988published on march 20, 2024.
CHAPTER VII
REGIME OF EXCEPTION
Article 137.-States of exception. A state of Emergency and State of Site*
The president of the Republic, with the agreement of the Council of Ministers, may be granted for a defined period, throughout the national territory, or a part of it, and give an account to the Senate or the Permanent Commission for its control. The states of exception, which in this article are envisaged, are:
1. A state of emergency, in case of disturbance of the peace, or the internal order of a disaster or serious circumstances that can affect the life of the Nation. In this eventuality, you may be restricted or suspended the exercise of constitutional rights relating to liberty and security of person, inviolability of the home, and the freedom of assembly and of transit in the territory covered by sections 9, 11 and 12 of article 2 and paragraph 24 (f) of the same article. In no circumstances can banish anyone.
The term of the state of emergency does not exceed sixty days. Your extension requires the approval of the Senate. In a state of emergency, the Armed Forces assume control of the internal order, if so, what has the president of the Republic.
2. State-of-site, in the event of invasion, war, foreign, civil war, or imminent danger that may occur, with mention of the fundamental rights whose exercise is not restricted, or suspended. The corresponding period not to exceed forty-five days. The proclamation of the state of siege, both chambers meet of right; the state of siege decreed does not affect the operation of the Congress. The extension requires the approval of the Senate.
*Article amended by the Law 31988published on march 20, 2024.
CHAPTER VIII
JUDICIARY
Artículo 138.- Administración de Justicia. Control difuso
The power of administering justice emanates from the people and is exercised by the Judiciary through structured with hierarchical organs accordance with the Constitution and the laws.
In the process, to be incompatibility between a constitutional rule, and a rule of law, the judges prefer the first. Also, prefer the legal standard on all other norm of lower rank.
Artículo 139.- Principios de la Administración de Justicia*
Are the principles and rights of the judicial function:
1. The unity and exclusivity of the judicial function.
Does not exist or cannot be set any jurisdiction independent, with the exception of the military and the arbitral tribunal.
There is No judicial process commission or delegation.
2. Independence in the exercise of the judicial function.
No authority can to embarking to cases pending before the court or interfere with the exercise of their functions. Also can not leave without effect the resolutions that have passed in the authority of res judicata, or cutting procedures pending, or modify statements, or to delay its execution. These provisions do not affect the right of grace or the research faculty of the Chamber of Deputies, the exercise of which should not, however, interfere in court proceedings or effect a jurisdictional one.
3. The observance of due process and the guardianship court.
No person may be diverted from the jurisdiction in default by law, or subjected to a procedure distinct from the previously established, or judged by special courts, or by special commissions created to the effect, regardless of its denomination.
4. Advertising in the proceedings, unless otherwise provided the law.
The judicial processes for accountability of public officials, and for the offences committed by means of the press and those that relate to fundamental rights guaranteed by the Constitution, are always public.
5. The motivation in writing of judgments in all instances, except the decrees of mere formality, with express mention of the applicable law and of the facts that support it.
6. The plurality of the instance.
7. The compensation, in the manner determined by law, by judicial errors in criminal proceedings and for arbitrary arrests, without prejudice to the liability to which they are entitled.
8. The principle of non-stop administer justice by vacuum or deficiency of the law.
In this case, they must apply the general principles of law and customary law.
9. The principle to be applicable by analogy of the criminal law and of the rules that restrict rights.
10. The principle of not to be liable for punishment without judicial process.
11. The application of the law more favorable to the defendant in case of doubt or conflict between criminal law.
12. The principle of not to be convicted in absentia.
13. The prohibition of revive processes fenecidos with resolution executory. The amnesty, pardon, the non-definitive, and prescription produce the effects of res judicata.
14. The principle of not to be deprived of the right of defense in any state of the process. Any person shall be informed immediately in writing of the causes or the reasons for his detention. You have the right to communicate personally with a lawyer of their choice, and to be advised by it since it is cited or arrested by any authority.
15. The principle that every person should be informed, immediately and in writing, of the causes or reasons for his detention.
16. The principle of free administration of justice and the defense is free to the people of scarce resources; and, for all, in those cases in which the law points out
17. The popular participation in the appointment and the revocation of judges, in accordance with law.
18. The obligation of the Executive to co-operate in the processes will be required.
19. The prohibition of the exercise of judicial function by one who has not been appointed in the manner provided by the Constitution or by law. The courts may not give you possession of the office, under the responsibility. The prohibition of the exercise of judicial function by one who has not been appointed in the manner provided by the Constitution or by law. The courts may not give you possession of the office, under the responsibility.
20. The principle of the right of every person to formulate analysis and criticism of the decisions and judgments, with the limitations of law.
21. The right of inmates and sentenced to occupy adequate facilities.
22. The principle that the prison system has for its object the re-education, rehabilitation and reintegration of the sentenced to the society
*Article amended by the Law 31988published on march 20, 2024.
Artículo 140.- Pena de muerte
The death penalty can only be applied for the crime of treason in the event of war, and terrorism, according to the laws and treaties to which Peru is a party to be bound.
Artículo 141.- Casación
The Supreme Court fail on appeal, or in the last instance, when the action starts in a Superior Court or to the Supreme Court in accordance with law. Also, known on appeal, the decisions of the Military courts, with the limitations provided for in article 173.
Artículo 142.- Resoluciones no revisables por el Poder Judicial*
Are not reviewable in court resolutions of the National Jury of Elections in electoral matters, or the National Board of Justice in matters of evaluation and ratification of judges.
*Article amended by the Law 31988published on march 20, 2024.
Artículo 143.- Órganos Jurisdiccionales
The Judiciary is composed of courts which administer justice in the name of the Nation, and by bodies which exert their government and administration.
The courts are: the Supreme Court and the other courts and tribunals determined by its organic law.
Artículo 144.- Presidencia del Poder Judicial. Sala Plena
The President of the Supreme Court is also of the Judiciary. The Room Full of the Supreme Court is the highest body of deliberation of the Judiciary.
Artículo 145.- Presupuesto del Poder Judicial
The Judicial Power presents its draft budget to the Executive Power and sustains it before Congress.
Artículo 146.- Exclusividad de la Función Jurisdiccional
The court is incompatible with any other public or private activity, with the exception of university teaching out-of-work hours.
The judges will only receive the compensation that is assigned to the Budget and from the teaching or other duties expressly provided for by law.
The State guarantees to the judicial magistrates:
1. Their independence. Are subject only to the Constitution and the law.
2. The security of tenure in their positions. May not be transferred without their consent.
3. His stay in the service, while you observe behavior and suitability of his own function. And
4. Remuneration to ensure that they have a level of life that is worthy of their mission, and hierarchy.
Artículo 147.- Requisitos para ser Magistrado de la Corte Suprema
To be Judge of the Supreme Court is required:
1. Be peruvian by birth;
2. To be a citizen in exercise;
3. Be more than forty five years;
4. Having been a judge of the Superior Court or the Prosecutor's Superior for ten years, or to have practiced the legal profession or the university chair, in the field of law for fifteen years.
Artículo 148.- Acción contencioso-administrativa
The administrative decisions which cause state are susceptible to challenge by the action of a contentious-administrative.
Artículo 149.- Ejercicio de la función jurisdiccional por las comunidades campesinas y nativas
The authorities of Rural and Native Communities, with the support of the Rondas Campesinas, you can exercise the judicial functions within its territorial area, in accordance with the customary law, provided they do not violate the fundamental rights of the person. The law sets out the forms of co-ordination of special jurisdiction with the justices of the Peace and with the other instances of the Judiciary.
CHAPTER IX
OF THE NATIONAL BOARD OF JUSTICE
Artículo 150.- Junta Nacional de Justicia*
The National Board of Justice is responsible for the selection and appointment of judges and prosecutors, except when they come from people's choice.
The National Board of Justice is independent and governed by its Organic Law.
*Article amended by the Law 31988published on march 20, 2024.
Artículo 151.- Academia de la Magistratura
The Academy of the Judiciary, which form part of the Judiciary, are responsible for the formation and training of judges and prosecutors at all levels, for the effects of your selection.
It is a requirement for promotion to the approval of the special studies required by the Academy.
Artículo 152.- Jueces de Paz y de Primera Instancia
Justices of the Peace from popular election.
Such a choice, its requirements, the performance of jurisdiction, the training and the duration on its fees are regulated by law.
The law may establish the election of judges of first instance and determine the relevant mechanisms.
Artículo 153.- Prohibición a Jueces y Fiscales
Judges and prosecutors are prohibited from participating in politics, to organize and to strike.
Artículo 154.- Atribuciones de la Junta Nacional de Justicia
Are functions of the National Board of Justice:
1. Appoint, with the prior public contest of merits, and personal evaluation, the judges and prosecutors of all levels. Such appointments require the public vote and motivated as two-thirds of the legal number of its members.
2. Ratify, with public voting, and motivated, to the judges and prosecutors of all levels in every seven years; and run in conjunction with the Academy of the Judiciary, the partial evaluation of performance of judges and prosecutors of all levels every three years and six months. The non-ratified or dismissed may not re-enter the Judiciary or the Public prosecutor's office.
3. Apply the sanction of dismissal of judges of the Supreme Court and prosecutors supreme; and, ex officio or at the request of the Supreme Court or of the Board of Tax Supreme, respectively, to the judges and prosecutors of all instances. In the case of the supreme judges and prosecutors, supreme will also be possible the application of reprimand or suspension of up to one hundred twenty (120) calendar days, by applying criteria of reasonableness and proportionality. The final decision must be reasoned and after hearing the interested party. Have the nature of inimpugnable.
4. To record, preserve, maintain up to date and publish the Record of Disciplinary Sanctions for Judges and Prosecutors.
5. Extend to the judges and public prosecutors, the official title of the credits.
6. Submit an annual report to the Plenary of the Congress.
Artículo 155.- Miembros de la Junta Nacional de Justicia
The National Board of Justice is comprised of seven members, selected through a public contest of merits, for a period of five years. It is forbidden to re-election. The alternates are summoned by a strict order of merit obtained in the contest.
The public contest of merits is in charge of a Special Commission, consisting of:
1. The Ombudsman, who presides over it;
2. The Chairman of the Judiciary;
3. The Prosecutor of the Nation;
4. The President of the Constitutional Court;
5. The Comptroller General of the Republic;
6. A rector chosen in a vote by the rectors of the public universities licensed with over fifty years of age; and,
7. A rector chosen in a vote by the rectors of private universities licensed with over fifty years of age.
The Special Commission must be installed, to call the Ombudsman, six months before the expiration of the term of office of 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 according to law, for which the Special Commission with the support of a Technical Secretariat Specialized. The procedure provides the guarantees of trustworthiness, fairness, openness and transparency.
Article 156.- Requirements to be a member of the National Board of Justice
To be a member of the National Board of Justice is required:
1. Be peruvian by birth.
2. To be a citizen in exercise.
3. Be more than forty five (45) years, and less than seventy-five (75) years.
4. To be a lawyer:
to. With professional experience of not less than twenty-five (25) years; or,
b. Having been the chair at the university for not less than twenty-five (25) years; or,
c. Having been the work of a researcher in the field of law for at least fifteen (15) years.
d. Not have a conviction firm for intentional crime.
e. Have proven track record of professional and creditworthiness and suitability moral.
The members of the National Board of Justice shall enjoy the same rights and benefits and subject to the same obligations and conflicts of interest that the supreme judges. Your function must not incur any conflict of interest and is incompatible with any other public or private activity outside working hours. Except for university teaching.
Artículo 157.- Remoción de los miembros del Junta Nacional de Justicia*
The members of the National Board of Justice can be removed for a serious cause by the consent of the Senate adopted by the affirmative vote of two-thirds of the legal number of its members.
*Article amended by the Law 31988published on march 20, 2024.
CHAPTER X
OF THE PUBLIC MINISTRY
Artículo 158.- Ministerio Público
The Public Ministry is self-contained. The Prosecutor of the Nation's presidency. Is elected by the Board of Tax Supreme. The position of the Prosecutor of the Nation for three years and is renewable, for re-election, only for the other two. Members of the Public Ministry have the same rights and privileges, and are subject to the same obligations as those of the Judiciary in the respective category. Affect them the same incompatibilities. Your appointment is subject to requirements and procedures identical to those of the members of the Judiciary in its respective category.
Artículo 159.- Atribuciones del Ministerio Público
Corresponds to the Public Ministry:
1. Promote ex officio or at the request of a party, the court action in defence of the rule of law and the public interest protected by the right.
2. To ensure the independence of the courts and by the upright administration of justice.
3. Represent in the judicial processes of the society.
4. Lead since the beginning, the investigation of the crime. With this purpose, the National Police is obliged to comply with the mandates of the Public Ministry in the scope of their role.
5. Take criminal action ex officio or at the request of a party.
6. Give an opinion prior to the judgments in the cases provided for in law.
7. To exercise the initiative in the formation of the laws; and to give account to the Congress, or the President of the Republic, of the voids or defects of the legislation.
Artículo 160.- Presupuesto del Ministerio Público
The draft budget of the Public Ministry is approved by the Board of Tax Supreme. Is presented to the Executive Power, and is based on that instance, and in the Congress.
CHAPTER XI
OF THE OFFICE OF THE OMBUDSMAN
Artículo 161.- Defensoría del Pueblo*
The office of the Ombudsman is independent. The public bodies are obliged to cooperate with the Ombudsman's office when required.
Its structure, at the national level, is established by organic law.
The ombudsman is elected and removed from office for serious misconduct under its organic law by the Senate with a vote of two-thirds of the legal number of its members. Enjoys the same immunity and the same privileges of senators and deputies.
To be chosen Defender of the People you are required to have attained thirty-five years of age and be a lawyer.
The charge lasts for five years and is not subject to any imperative mandate. It has the same incompatibilities that the supreme judges.
*Article amended by the Law 31988published on march 20, 2024.
Artículo 162.- Atribuciones de la Defensoría del Pueblo*
Corresponds to the office of the Ombudsman to defend the constitutional rights and fundamental individual and of the community; and to monitor the performance of the duties of the state administration and the provision of public services to citizens.
The ombudsman submits a report to the Chamber of Deputies once a year, and each time this request. Has the initiative in the formation of laws. You can propose measures that will facilitate the better performance of its functions.
The proposed budget of the office of the Ombudsman is presented to the Executive Power and sustained by the holder in that instance, and in the Congress.
*Article amended by the Law 31988published on march 20, 2024.
CHAPTER XII
SECURITY AND NATIONAL DEFENSE
Artículo 163.- El Sistema de Defensa Nacional
The State guarantees the security of the Nation by the National Defence System.
National Defense is an integral and permanent. It develops in the internal and external scopes. Any person, natural or legal, is forced to participate in the National Defense, in accordance with the law.
Artículo 164.- Dirección, preparación y ejercicio del Sistema de Defensa Nacional
The address, the preparation and the exercise of National Defense is conducted through a system whose organization and whose functions are determined by the law. The President of the Republic heads the System of National Defense.
The law determines the scope and procedures of the mobilization for the purposes of national defense.
Artículo 165.- Finalidad de las Fuerzas Armadas
The Armed Forces consist of the Army, the Navy and the Air Force. Have as primary purpose to ensure the independence, the sovereignty and the territorial integrity of the Republic. Assume the control of the internal order in accordance with article 137 of the Constitution.
Artículo 166.- Finalidad de la Policía Nacional
The National Police has the fundamental purpose to guarantee, maintain and restore internal order. Provides protection and support to the people and to the community. Ensures compliance with the laws and the safety of public assets and private sectors. Prevent, investigate and combat crime. Monitors and controls the borders.
Article 167.- Supreme chief of the Armed Forces and National Police
The President of the Republic is the commander-in-Chief of the Armed Forces and the National Police.
Artículo 168.- Organización y funciones de las Fuerzas Armadas y Policía Nacional
The laws and regulations of the respective determine the organization, functions, specialties, training and employment; and norman the discipline of the Armed Forces and the National Police.
The Armed Forces organized their reservations and have them according to the needs of National Defense, according to law.
Artículo 169.- Carácter no deliberante de las Fuerzas Armadas y Policía Nacional
The Armed Forces and the National Police are not deliberative. Are subordinate to the constitutional court.
Artículo 170.- Requerimiento logístico de las Fuerzas Armadas y Policía Nacional
The law allocates funds designed to meet the logistical requirements of Armed Forces and the National Police. Such funds should be dedicated exclusively to institutional purposes, under the control of the authority designated by law.
Artículo 171.- Fuerzas Armadas, Policía Nacional y el desarrollo del país
The Armed Forces and the National Police are involved in the economic and social development of the country, and in the defence civil, according to law.
Artículo 172.- Efectivos de las Fuerzas Armadas y Policía Nacional. Ascensos
The number of members of the Armed Forces and the National Police are set annually by the Executive Power. The corresponding resources are approved in the Budget Act.
The promotions are conferred in accordance with the law. The President of the Republic grants the promotion of the generals and admirals of the Armed Forces and the generals of the National Police, according to the proposal of the institute concerned.
Artículo 173.- Competencia del Fuero Privativo Militar
In case of offense of function, the members of the Armed Forces and the National Police are subject to the jurisdiction in question and the Code of Military Justice. The provisions of this one are not applicable to civilians, except in the case of the crimes of treason and terrorism that the law determines. The appeal referred to in article 141 is applicable only when imposing the death penalty.
Those who violate the rules of Compulsory Military Service are also subject to the Code of Military Justice.
Artículo 174.- Equivalencia de derechos de oficiales de las Fuerzas Armadas y Policía Nacional
The degrees and honors, the remuneration and pensions inherent in the hierarchy of officers of the Armed Forces and the National Police are equivalent. The law establishes the equivalence corresponding to military personnel or law enforcement career that does not have grade or hierarchy of the official.
In both cases, the rights referred to can only withdraw to their owners by the court.
Artículo 175.- Uso y posesión de armas de guerra
Only the Armed Forces and the National Police may possess and use weapons of war.
All that exist, as well as those that are manufactured in or brought into the country become the property of the State without due process or compensation.
It is excepted the manufacture of weapons of war by the private industry in the cases indicated in the law.
The law regulates the manufacture, trade, possession and the use, by individuals, of different weapons of war.
CHAPTER XIII
THE ELECTORAL SYSTEM
Artículo 176.- Finalidad y funciones del Sistema Electoral
The electoral system is intended to ensure that the voting translate the authentic expression, free and spontaneous citizens; and that the polls are a reflection exact and appropriate to the will of the voter expressed in the polls by direct vote.
Has the basic functions of planning, organization and implementation of the electoral process or referendum, or other popular consultations; the maintenance and custody of a single registry of identification of individuals; and the record of the acts amending the civil state.
Artículo 177.- Conformación del Sistema Electoral
The electoral system is formed by the National Jury of Elections, National Office of Electoral Processes; and the National Registry of Identification and Civil Status. Act with autonomy and to maintain relations among themselves coordination, in accordance with their terms of reference.
Article 178.- Powers of the National Jury of Elections
It is up to the National Jury of Elections:
1. Supervision of the legality of the exercise of suffrage and of the conduct of elections, referendum and other popular consultations, as well as the preparation of the electoral rolls.
2. Keep and guard the registry of political organizations.
3. To ensure the compliance of the rules on political organizations and other provisions relating to electoral matters.
4. The administration of justice in electoral matters.
5. To proclaim the winning candidates; the outcome of the referendum or the other types of popular consultation and issue the corresponding credentials.
6. The other, which the law says.
In electoral matters, the National Jury of Elections has the initiative in the formation of laws.
Presented to the Executive Power of the draft Budget of the Electoral System that includes separate the items proposed by each entity of the system. So based on that instance, and before Congress.
Artículo 179.- Composición del Pleno del Jurado Nacional de Elecciones
The highest authority of the National Jury of Elections is a Full composed of five members:
1. One is elected in a secret ballot by the Supreme Court between its judges retired or activity. In this second case, a license is granted to the elected. The representative of the Supreme Court presides over the National Jury of Elections.
2. One is elected in a secret ballot by the Board of Tax Supreme, among Prosecutors Supreme retired or activity. In this second case, a license is granted to the elected.
3. One is elected in a secret ballot by the bar Association of Lima, among its members.
4. One elected by secret ballot by the deans of the Law Faculties of the universities, among its former deans.
5. One elected by secret ballot by the deans of the Law Faculties of the universities in private, among his former deans.
Artículo 180.- Miembros del Pleno del Jurado Nacional de Elecciones. Requisitos
The members of the Plenary of the National Jury of Elections can not be less than forty-five years nor more than seventy. They are elected for a period of four years. Can be re-elected. The act sets out the renewal form alternating every two years.
The position is unpaid and full-time. It is incompatible with any other public function, except the teaching part time.
They may not be members of the Full Jury candidates are elected by the people, or citizens who play management positions with national character in political organizations, or have played in the four years prior to his application.
Artículo 181.- Resoluciones del Pleno del Jurado Nacional de Elecciones
The Plenary of the National Jury of Elections to appreciate the facts in the judgment of conscience. Resolved, according to the law and to the general principles of law. In matters of election, referendum or other type of popular consultations, their decisions are dictated in the final, definitive, and are not reviewable. Against them is not appropriate recourse.
Artículo 182.- Oficina Nacional de Procesos Electorales*
The head of the National Office of Electoral Processes is appointed by the National Board of Justice, for a renewable term of four years. Can be removed by the Board for misconduct. Is affection to the same incompatibilities provided to the members of the Plenary of the National Jury of Elections.
Le corresponde organizar todos los procesos electorales, de referéndum y los de otros tipos de consulta popular, incluido su presupuesto, así como la elaboración y el diseño de la cédula de sufragio. Le corresponde asimismo la entrega de actas y demás material necesario para los escrutinios y la difusión de sus resultados. Brinda información permanente sobre el cómputo desde el inicio del escrutinio en las mesas de sufragio. Ejerce las demás funciones que la ley le señala.
*Article amended by the Law 31988published on march 20, 2024.
Artículo 183.- Registro Nacional de Identificación y Estado Civil*
The head of the National Registry of Identification and Civil Status is appointed by the National Board of Justice, for a renewable term of four years. Can be removed by the Board for misconduct. Is affection to the same incompatibilities provided to the members of the Plenary of the National Jury of Elections.
The National Registry of Identification and Civil Status, is responsible for the registration of births, marriages, divorces, deaths, and other events that modify the state civil. Emits the respective proofs. Prepares and maintains updated the electoral roll. Provides the National Jury of Elections and the National Office of Electoral Processes the information necessary for the performance of its functions. Maintains the registry of identification of citizens and issue the documents that prove your identity.
Exercises the other functions which the law says.
*Article amended by the Law 31988published on march 20, 2024.
Artículo 184.- Nulidad de los procesos electorales
The National Jury of Elections declared the annulment of an election, a referendum or another type of popular consultation when the vote null or blank, together or separately, over two-thirds of the number of votes cast.
The law may establish different proportions for the municipal elections.
Artículo 185.- Escrutinio Público
The counting of votes in all kinds of elections, referendum or other type of popular consultation is carried out in a public act and uninterrupted on the table of suffrage. It is only changeable in the case of material error or dispute, which was resolved in accordance with the law.
Artículo 186.- Orden y seguridad durante los comicios
The National Office of Electoral Processes dictates the instructions and regulations necessary for the maintenance of order and the protection of personal freedom during the elections. These provisions are binding for the Armed Forces and the National Police.
Artículo 187.- Elecciones pluripersonales
In the elections pluripersonales there is proportional representation, in accordance with the system established by the law.
The law contains special provisions to facilitate the vote of peruvians living abroad.
TITLE IV
THE STRUCTURE OF THE STATE
CHAPTER XIV
DECENTRALIZATION
Article 188.- Decentralization is a form of democratic organization and is a long-standing policy of the State, of a compulsory nature, which has as its fundamental aim the development of the whole country. The decentralization process is carried out in stages, gradually and orderly according to criteria that would allow for a proper assignment of responsibilities and transfer of resources from the national government to the regional and local governments.
The Powers of the State and Self-governing Bodies as well as the Budget of the Republic are decentralized according to law.
Article 189.- The territory of the Republic is composed of regions, departments, provinces and districts, in whose constituency was constituted and organized by the government at the national, regional and local, in the terms set forth in the Constitution and the law, preserving the unity and integrity of the State and the Nation.
The scope of the regional level of government to the regions and departments. The scope of the local level of government are the provinces, districts, and settlements.
Article 190.- The regions are created on the basis of contiguous areas of integrated historical, cultural, administrative, and economically, thereby forming units geo-economic sustainable.
The regionalisation process starts by choosing governments in the current departments and the Constitutional Province of Callao. These governments are regional governments.
By means of a referendum can be integrated in two or more county districts contiguous to constitute a region, in accordance with law. The same procedure follow the provinces and districts contiguous to change the regional constituency.
The law determines the competence and additional powers, as well as special incentives, of the regions as well integrated.
For the duration of the integration process, two or more regional governments will be able to create mechanisms of coordination between them. The law will determine these mechanisms.
Article 191.- The regional governments have autonomy in political, economic and administrative matters within its competence. Coordinate with municipalities without interfering with their functions and powers.
The basic organizational structure of these governments make up the Regional Council, as a body of regulatory and supervisory role, the Regional Governor, as the executive body, and the Coordination Council for Regional integrated by provincial mayors and representatives of the civil society, as a consultative body and coordination with municipalities, with the functions and powers that points out to them the law.
The Regional Council shall have a minimum of seven (7) members and a maximum of twenty-five (25), and must have a minimum of one (1) per province and the rest, according to law, following a criterion of the voting population.
The Regional Governor is chosen together with a Lieutenant governor, Regional by direct popular vote for a period of four (4) years. The mandate of such authority is revoked, in accordance with law. There is No immediate re-election. Elapsed other period, as a minimum, the former Regional Governors or former Vice Regional may reapply, subject to the same conditions. The members of the Regional Council are elected in the same way and for the same period. The mandate of these authorities is indispensable, with the exception of the cases provided for in the Constitution.
In order to apply to the president of the Republic, vice-president, senator, congressman or mayor; the governors and vice-governors regional must waive the charge six months before the election in question.
The law establishes minimum percentages to make accessible the representation of gender, rural communities and native, and native peoples in the Regional Councils. The same treatment applies to the Municipal Councils.
Regional governors are required to attend the Chamber of Deputies when this request in accordance with the law and the Rules of procedure of the Chamber of Deputies, and under the responsibility.*
*Article amended by the Law 31988published on march 20, 2024.
Article 192.- The regional governments are promoting the development and the regional economy, encourage investment, activities and public services of its responsibility, in harmony with national policies and plans and local development.
They are competent to:
1. To approve your internal organization and your budget.
2. Formulate and approve the regional development plan agreed with the municipalities and the civil society.
3. Manage your assets and income.
4. Regular and granting authorizations, licenses and rights in the services of his responsibility.
5. To promote regional socio-economic development and execute the plans and programmes.
6. Dictate the rules inherent to the regional management.
7. To promote and regulate activities and/or services in the field of agriculture, fishery, industry, agro-industry, trade, tourism, energy, mining, roads, communications, education, health and the environment, in accordance with law.
8. To foster competitiveness, investment and finance for the implementation of projects and infrastructure works of the scope and impact of regional.
9. Submit legislative initiatives on subjects and issues of its competence.
10. Perform other duties inherent to their function, in accordance with law.
Article 193.- Are the assets and income of the regional governments:
1. The movable and immovable property of their property.
2. The specific transfers which are assigned to them by the Law's Annual Budget.
3. The taxes established by law in your favor.
4. The economic rights generated by the privatizations, concessions and services that they provide, in accordance with law.
5. The resources allocated from the Regional Compensation Fund, which has redistributive nature, according to law.
6. The resources allocated by the concept of canon.
7. The resources from their financial operations, including those carried out with the endorsement of the State, in accordance with law.
8. The other may be determined by law.
Article 194.- Municipalities, provincial and district are the organs of local government. They have autonomy in political, economic and administrative matters within its competence. The municipalities of the population centers are created in accordance with the law.
The organizational structure of the local government make up the City Council, as a body of regulatory and supervisory role, and the Mayor's office as an executive body, with the functions and powers that points out to them the law.
The mayors and aldermen are elected by direct popular vote, for a period of four (4) years. There is No immediate re-election for mayors. Elapsed other period, as minimum, may reapply, subject to the same conditions. Its mandate is revocable in accordance with the law. The mandate of mayor and aldermen is indispensable, with the exception of the cases provided for in the Constitution.
In order to apply to the president of the Republic, vice-president, senator, congressman, governor, or lieutenant governor of the regional government; the mayors must waive the charge for six months before the election in question.*
*Article amended by the Law 31988published on march 20, 2024.
Article 195.- Local governments promote the development of the local economy, and the provision of public services is their responsibility, in harmony with national policies and plans and regional development.
They are competent to:
1. To approve your internal organization and your budget.
2. Approving the local development plan agreed with the civil society.
3. Manage your assets and income.
4. Create, modify, and delete contributions, fees, taxes, licenses, and rights in city, in accordance with law.
5. Organize, regulate and manage public services of your local responsibility.
6. Planning of urban and rural development of their constituencies, including the zoning, planning and land development.
7. To foster competitiveness, investment and finance for the implementation of projects and works of local infrastructure.
8. To develop and regulate activities and/or services in the field of education, health, housing, sanitation, environment, sustainability of natural resources, collective transport, traffic and transit, tourism, conservation of archaeological monuments and historical sites, culture, recreation and sport, in accordance with law.
9. Submit legislative initiatives on subjects and issues of its competence.
10. Perform other duties inherent to their function, in accordance with law.
Article 196.- Are the assets and income of the municipalities:
1. The movable and immovable property of their property.
2. The taxes established by law in your favor.
3. The contributions, fees, taxes, licenses, and rights created by Municipal Ordinances, in accordance with law.
4. The economic rights generated by the privatizations, concessions and services that they provide, in accordance with law.
5. The resources allocated to the Compensation Fund Municipal, which has redistributive nature, according to law.
6. The specific transfers which are assigned to them by the Law's Annual Budget.
7. The resources allocated by the concept of canon.
8. The resources from their financial operations, including those that require the endorsement of the State, in accordance with law.
9. The other may be determined by law.
Article 197.- The municipalities are to promote, support and regulate the participation neighborhood in the local development. In addition, they provide services of public safety, with the cooperation of the National Police of Peru, in accordance with law.
Article 198.- The Capital of the Republic does not integrate any region. Has special regime in the laws of decentralization, and in the Organic Law of Municipalities. The Metropolitan Municipality of Lima exercised their powers within the area of the province of Lima.
The municipalities of the border also have special regime in the Organic Law of Municipalities.
Article 199.- Regional and local governments are controlled by their own organs of control and the bodies which have such attribution by constitutional mandate or legal basis, and are subject to the control and supervision of the office of the Comptroller General of the Republic, which organizes a system of decentralized control and permanent. The above-mentioned governments formulate their budgets with the participation of the population and held to account for their implementation, annually, under responsibility according to law.
TITLE V
DE LAS GARANTÍAS CONSTITUCIONALES
Artículo 200.- Acciones de Garantía Constitucional
They are constitutional guarantees:
1. The Action of Habeas Corpus, which is appropriate to the act or omission, by any authority, officer or person, who violates or threatens individual freedom or related constitutional rights.
2. The Action of Amparo, which is against the act or omission, by any authority, officer or person, who violates or threatens the other rights recognized by the Constitution, with the exception of those listed in the following item.
Not applicable against legal regulations or Judicial Decisions emanating from a regular procedure.
3. The Action of Habeas Data, that is against the act or omission, by any authority, officer or person, who violates or threatens the rights referred to in article 2, paragraphs 5 and 6 of the Constitution.
4. The Action of Unconstitutionality, which is against the rules that have the force of law: laws, legislative decrees, emergency decrees, treaties, regulations of the Congress, regional standards of a general nature and municipal ordinances that contravene the Constitution in the form or in the background.
5. The Popular Action, which is appropriate, infringement of the Constitution and the law, against regulations, administrative rules and resolutions and decrees of a general nature, whatever the authority from which they emanate.
6. The Enforcement Action, it is necessary against any authority or official reluctance to comply with a legal provision or an administrative act, without prejudice to the responsibilities of law.
An organic law regulating the exercise of these guarantees and the effects of the declaration of the unconstitutionality or illegality of the rules.
The exercise of the actions of habeas corpus and amparo is not suspended during the regimes of exception referred to in article 137 of the Constitution.
When they get actions of this nature in relation to rights restricted or suspended, the competent court reviews the reasonableness and proportionality of the restrictive act. Does not correspond to the judge to question the declaration of a state of emergency or site.
Artículo 201.- Tribunal Constitucional*
The Constitutional Court is the controlling body of the Constitution. It is autonomous and independent. It is composed of seven justices elected for five years.
To be judge of the Constitutional Court, require the same requirements to be a judge of the Supreme Court. The judges of the Constitutional Court, enjoy the same immunity and the same privileges as the senators and deputies. Reach them the same incompatibilities. There is No immediate re-election.
The judges of the Constitutional Court are elected by the Senate, a favorable vote of two-thirds of the legal number of its members. May not be elected judges of the Constitutional Court judges or prosecutors who have not left the position a year in advance.
*Article amended by the Law 31988published on march 20, 2024.
Artículo 202.- Atribuciones del Tribunal Constitucional
Corresponds to the Constitutional Court:
1. Know, in a single instance, the action of unconstitutionality.
2. To know, in the last and final instance, the resolutions cognisance of habeas corpus, amparo, habeas data, and compliance action.
3. Known conflicts of jurisdiction, or of the powers assigned by the Constitution, in accordance with law.
Artículo 203.- Personas facultadas para interponer Acción de Inconstitucionalidad*
Are entitled to bring action of unconstitutionality:
1. The President of the Republic.
2. The Prosecutor of the Nation.
3. The Chairman of the Judiciary, with the agreement of the plenary board of the Supreme Court of Justice.
4. The Defender of the People.
5. Twenty-five percent of the legal number of members of the Chamber of Deputies or the Senate.
6. Five-thousand people with signatures verified by the National Jury of Elections. If the rule is a municipal ordinance, you are entitled to challenge one percent of the citizens of the respective territorial limits, provided that this percentage does not exceed the number of signatures above.
7. The Regional Governors, with the consent of the Council, Regional, or provincial mayors with the agreement of the Council, in matters of their competence.
8. The professional schools, in areas of specialty.
*Article amended by the Law 31988published on march 20, 2024.
Artículo 204.- Sentencia del Tribunal Constitucional
The judgment of the Court which declares the unconstitutionality of a regulation is published in the official journal. The next day of publication, this standard is without effect.
You do not have retroactive effect to the judgment of the Court declaring unconstitutional, in whole or in part, a legal rule.
Artículo 205.- Jurisdicción Supranacional
Having exhausted the domestic jurisdiction, who considers injured in the rights recognized by the Constitution may have recourse to courts or bodies constituted under treaties or conventions to which Peru is a party.
TITLE VI
THE REFORM OF THE CONSTITUTION
Article 206.- Constitutional Reform*
All constitutional amendments must be passed with an absolute majority of the legal number of members of each house and ratified by referendum. You can omit the referendum when the agreement of each camera is obtained in two legislatures ordinary successive with a favorable vote, in each case, greater than two thirds of the legal number of members of each chamber. The law of constitutional reform cannot be observed by the president of the Republic.
The initiative for constitutional reform corresponds to the president of the Republic, with the approval of the Council of Ministers; members; and a number of citizens equivalent to zero point three percent (0.3%) of the voting population, with signatures verified by the electoral authority.
*Article amended by the Law 31988published on march 20, 2024.
FINAL AND TRANSITIONAL PROVISIONS
First.- Declárase permanently closed the regime pensioner of the Decree Law No. 20530. In consequence of the entry into force of this Constitutional Reform:
1. You are not permitted to the new additions or reinstatements to the regime pensioner of the Decree Law No. 20530.
2. Workers who belong to such a regime, have not complied with the requirements to obtain the pension concerned, must choose between the National Pension System or the System of Private Pension Funds.
For reasons of social interest, the new rules pensionarias established by law shall be applied immediately to workers and pensioners schemes-pensioners at the expense of the State, as appropriate. Could not provide for them the leveling of pensions to pay, or reduction in the amount of the pension that is less than a Taxing Unit's Tax.
The law shall provide for the progressive implementation of speed bumps to pensions in excess of a Taxing Unit for Tax.
The savings in budget that comes from the application of the new rules pensionarias will be used to increase the pension lower, in accordance with law.
The changes in the regimes pensioners of today, as well as the new regimes pensioners, who are established in the future, shall be governed by the criteria of financial sustainability and not leveling.
Autorízase to the competent entity of the National Government to take appropriate legal action to declare the nullity of the pension obtained illegally, except for the cases defined by rulings with the force of res judicata that have been expressly ruled on the merits of the case or that the respective actions would have prescribed.
Second.- The State guarantees the timely payment and adjustment periodic
pensions administered, according to the budget forecasts that this
allocated to such effects, and the potential of the national economy.
Third.- In both survive regimes differentiated between the private sector and the public, in any case and by no means can collect services provided under both regimes. Is null and void any act or resolution to the contrary.
Fourth.- The rules relating to the rights and freedoms recognized by the Constitution are interpreted in accordance with the Universal Declaration of Human Rights and the international treaties and agreements thereon ratified by Peru.
Fifth.- The municipal elections are alternated with the general so those are done half of the presidential term, in accordance with the law. For the effect, the term of mayors and aldermen are elected in the next municipal elections will last for three and four years respectively.
Sixth.- The mayors and councilors elected in the electoral process in 1993, and their complementary elections conclude its mandate on 31 December 1995.
Seventh.- The first process of the general elections that are conducted from the force of the present Constitution, in both develops the process of decentralization, is effected by a single district.
Eighth.- The provisions of the Constitution require that it is a matter of
laws of constitutional development. Priority :
1. The rules of decentralization and, among them, that allow you to have new elected authorities no later than 1995.
2. Those relating to the mechanisms and the process to eliminate progressively the legal monopolies granted in concessions and licenses of public services.
Ninth.- The renewal of the members of the National Jury of Elections, installed in accordance with this Constitution, it starts with the elected by the bar Association of Lima and the Law Faculties of public universities.
Tenth.- The law sets the mode as offices, officials and servants of the Civil Registry of the local governments and the Electoral Register are integrated into the National Registry of Identification and Civil Status.
Eleventh.- The provisions of the Constitution that require new or increased public expenditures are to be applied gradually.
Twelfth.- The organization departmental policy of the Republic comprises the following departments: Amazonas, Ancash, Apurimac, Arequipa, Ayacucho, Cajamarca, Cusco, Huancavelica, Huánuco, Ica, Junín, La Libertad, Lambayeque, Lima, Loreto, Madre de Dios, Moquegua, Pasco, Piura, Puno, San Martín, Tacna, Tumbes, Ucayali, and the Constitutional Province of Callao.
Thirteenth.- While not constitute the Regions, and until they choose to be their presidents in accordance with this Constitution, the Executive branch determines the jurisdiction of the Tips Transient Regional Administration currently in office, according to the area of each of the departments established in the country.
Fourteenth.- The present Constitution, once approved by the Democratic Constituent Congress, comes into effect, according to the result of the referendum is regulated by constitutional law.
Fifteenth.- The provisions contained in this Constitution, referring to the number of participants, duration of the legislative mandate, and a Permanent Commission, do not apply to the Democratic Constituent Congress.
Sixteenth.- Promulgated the current Constitution, replacing the year 1979.
TRANSITIONAL PROVISIONS SPECIAL
First.- The President and Vice-presidents of the Republic elected in the General Elections of 2000, completed its mandate on July 28, 2001. The congressmen elected in the same election process will culminate their representation on 26 July 2001. Do not apply to them, by way of exception, the time limits laid down in articles 90° and 112° of the Constitution.
Second.- For the purposes of the electoral process that is carried out in 2001, the term referred to in the first paragraph of article 91° of the Constitution shall be four months.
Third.- The National Jury of Elections (JNE) distributes seats in the amount of four to Lima Provinces without affecting the distribution of existing national and the six remaining seats in accordance with the law.
DECLARATION
EL CONGRESO CONSTITUYENTE DEMOCRÁTICO
DECLARES Peru, country in the southern hemisphere, linked to Antarctica for costs that are projected towards her, as well as by environmental factors and historical background, and in accordance with the rights and obligations you have as a consultative party to the Antarctic Treaty, favorable to the conservation of Antarctica as a Zone of Peace dedicated to the scientific research, and the validity of an international regime that, without prejudice to the rights of the Nation, to promote the benefit of all humanity with the rational and equitable exploitation of the resources of the Antarctic, and ensure the protection and conservation of the ecosystem of the Continent.
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