NEW CODE OF CONSTITUTIONAL PROCEDURE
ACT No. 31307
PRELIMINARY TITLE
Article I. Scope
This code regulates the processes of constitutional habeas corpus, amparo, habeas data, compliance, unconstitutional, popular action and conflicts of jurisdiction provided for in sections 200 and 202, subsection 3, of the Constitution.
Article II. Purposes of the constitutional processes
The essential goals of the constitutional processes to ensure the effective exercise of the constitutional rights recognized by the Constitution and human rights treaties; as well as the principles of supremacy of the Constitution and normative force.
Article III. Principles of procedural
The constitutional processes are developed according to the principles of direction judicial process, economy, immediacy, socialization, and the principle of gratuitousness in the action of the plaintiff except in the case of constitutional processes initiated by legal entities with profit against the court's rulings.
The judge and the Constitutional Court have a duty to promote ex officio processes, except in the cases expressly mentioned in this code.
Also, the judge and the Constitutional Court must adapt to the requirement of the formalities provided for in this code to the achievement of the purposes of the constitutional processes.
When in a constitutional process, is this a reasonable doubt about whether the process should be declared concluded, the judge and the Constitutional Court declared its continuation.
The gratuity provided for in this article does not prevent the enforcement of the court decision a firm that has the costs and expenses as provided by this code.
Article IV. Competent bodies
The constitutional processes are knowledge of the Judiciary and the Constitutional Court, in accordance with the provisions of the Constitution, in their respective organic laws and the provisions of this code.
Article V. Amicus curiae
The judge, the living room or the Constitutional Court, if they so wish, will be able to invite natural or legal persons in the capacity of amicus curiae, to express either verbally or in writing its legal opinion on a topic. You can also be invited to the amicus curiae brief to illustrate the judge on that knowledge is not legal, technical, or specialized relevance necessary to resolve the cause.
They are requirements that you must meet the participation of amicus curiae:
1. It is not a party to or has an interest in the process.
2. Has recognized competence and suitability on the matter referred to it.
3. Your opinion is not binding.
4. Your admission process it is up to the court.
The amicus curiae has no authority to submit resources or bring media impugnatorios.
Article VI. Precedent is binding
Las sentencias del Tribunal Constitucional que adquieren la autoridad de cosa juzgada constituyen precedente vinculante cuando así lo exprese la sentencia, precisando el extremo de su efecto normativo, formulando la regla jurídica en la que consiste el precedente. Cuando el Tribunal Constitucional resuelva apartándose del precedente, debe expresar los fundamentos de hecho y de derecho que sustentan la sentencia y las razones por las cuales se aparta del precedente.
To create, modify, move away or leave without effect as a precedent binding requires the meeting of the Plenum of the Constitutional Court and the affirmative vote of five judges.
En los procesos de acción popular, la sala competente de la Corte Suprema de la República también puede crear, modificar o derogar precedentes vinculantes del Poder Judicial con el voto conforme de cuatro jueces supremos, siempre que sean conformes a la interpretación que resulte de las resoluciones del Tribunal Constitucional. La sentencia que lo establece formula la regla jurídica en la que consiste el precedente, expresa el extremo de su efecto normativo y, en el caso de su apartamiento, los fundamentos de hecho y de derecho en que se sustenta. (*)
(*) Artículo modificado por la Ley N.° 32153, publicada el 5 de noviembre de 2024 (link: https://esford.pe/wp-content/uploads/2024/11/LEY-32153.pdf)
Article VII. Diffuse Control and constitutional interpretation
When there is incompatibility between the Constitution and other standard lower hierarchy, the judge should prefer the former, provided that it is relevant to resolve the dispute and not possible to obtain an interpretation according to the Constitution.
The judges can't stop to apply a standard whose constitutionality has been confirmed in a process of unconstitutionality or in a process of popular action.
The judges interpret and apply laws, or any regulation having the force of law and regulations according to the precepts and principles are constitutional according to the interpretation resulting from the resolutions of the Constitutional Court.
Artículo VIII. Interpretación de los derechos humanos y tratados internacionales
El contenido y alcances de los derechos constitucionales protegidos por los procesos regulados en el presente código deben interpretarse de conformidad con la Declaración Universal de Derechos Humanos, los tratados sobre derechos humanos de los que el Perú es parte, así como las sentencias adoptadas por los tribunales internacionales sobre derechos humanos en los procesos donde el Perú es parte.
En caso de incompatibilidad entre una norma convencional y una constitucional, o de incompatibilidad entre decisiones de tribunales internacionales y del Tribunal Constitucional, los jueces preferirán la norma o decisión que más favorezca a la persona y sus derechos humanos.(*)
(*) Artículo modificado por la Ley N.° 32153, publicada el 5 de noviembre de 2024 (link: https://esford.pe/wp-content/uploads/2024/11/LEY-32153.pdf)
Article IX. Additional application and integration
Only in case of an empty or default of this code are supplementary application of the jurisprudence of the Constitutional Court and the inter-American Court of Human Rights.
The procedure codes related to the subject matter discussed are applied in a subsidiary long as no harm is done to the parties or for the purposes of the constitutional process, and only in the absence of other criteria.
TÍTULO I: PROCESOS DE HABEAS CORPUS, AMPARO, HABEAS DATA Y CUMPLIMIENTO
CAPÍTULO I: DISPOSICIONES GENERALES
Article 1. Purpose of the processes
The processes referred to in this title are intended to protect the constitutional rights, whether collective or individual nature, restoring things to the state prior to the violation or threat of violation of a constitutional right, or arranging for the performance of a legal mandate or an administrative act.
If after you filed the complaint, cease the aggression or threat by voluntary decision of the aggressor, or if it becomes irreparable, the judge, in response to the grievance occurred, declare founded the request detailing the scope of its decision, stating that the set does not return to incur the actions or omissions that led to the filing of the demand, and that if need be otherwise applied to the coercive measures provided for in article 27 of this code, without prejudice to the responsibilities that apply to you.
Article 2. Demand
In the process of habeas corpus, the petition may be filed verbally or in writing, directly or by mail, via electronic means of communication or other suitable. When it comes to a lawsuit verbal, you will receive a report before the judge or clerk, with no other requirement to provide a concise statement of the facts.
En los procesos de amparo, habeas data y de cumplimiento, la demanda se presenta por escrito y deberá contener cuando menos, los siguientes datos y anexos:
1) The designation of the judge before whom he stands;
2) the name, identity and address for service of the plaintiff;
3) the name and address of the defendant;
4) the relationship numbered of the events that have occurred, or are in the process of producing the aggression of the constitutional law;
5) the rights that are considered to be violated or threatened;
6) the petition, which involves the determination clear and concrete of the request;
7) the signature of the applicant or his representative, or his / her agent and lawyer.
In any case, the claim may be rejected by the administrative staff of the court or chamber.
In places dominated by the quechua, the aymara and other indigenous languages, demand, verbal or written may be made in these languages.
Article 3. Shift
The start of the constitutional processes will be subject to what is established for the appointment in each judicial district, except in the processes of habeas corpus where the constitutional judges are governed by their own rules of competition.
If the plaintiff knows, before suing, or during the process, the officer against whom it directs the lawsuit does not occupy such a post, you may request the judge that this is not set up with the demand.
Article 4. Public defense
In the process of habeas corpus, amparo, habeas data and compliance, the plaintiff does not have sufficient financial resources or are in a state of vulnerability, you can use the public defence, and, if available, the specialist in defence, constitutional and procedural law constitutional.
Article 5. Procedural representation of the State
The defence of the State or of any official or public servant is in charge of the attorney general public or the legal representative thereof who shall be served with the lawsuit. In addition, you should be notified with her own state entity, or the official server or defendant, who can intervene in the process. Even when you do not apersonaren, they should notify the resolution to put an end to the grade. Non-participation will not affect the validity of the process.
In the constitutional processes against a judicial decision is not notified, nor is housed with the demands of the judges or magistrates of the Judiciary.
The attorney general public, before the process is resolved in the first degree, is entitled to inform the holder of the entity's your professional opinion motivated when you consider that it affects the constitutional right invoked.
Artículo 6. Prohibición y excepción del rechazo liminar(*)
De conformidad con los fines de los procesos constitucionales de defensa de derechos fundamentales, en los procesos constitucionales de habeas corpus, amparo, habeas data y de cumplimiento no procede el rechazo liminar de la demanda, salvo que su pretensión sea física o jurídicamente imposible o se cuestione el proceso legislativo, en este último caso, la controversia se tramita vía proceso de inconstitucionalidad de conformidad con lo dispuesto por los artículos 97 y 105 del presente Código. El rechazo liminar requiere motivación cualificada.(*)
(*) Artículo modificado por la Ley N.° 32153, publicada el 5 de noviembre de 2024 (link: https://esford.pe/wp-content/uploads/2024/11/LEY-32153.pdf)
Article 7. Grounds of impropriety
Not from the constitutional processes when:
1. The facts and the request of the demand does not relate directly to the content constitutionally protected by the law invoked.
2. There are tracks specific, equally satisfactory, for the protection of the constitutional rights threatened or violated, except in the case of the habeas corpus proceedings.
3. The injured have been used previously to other judicial process to seek guardianship in respect of their constitutional right.
4. Not the means have been exhausted before, except in the cases provided by this code, and in the process of habeas corpus.
5. When you are lis pendens for the interposition of another constitutional process.
6. If it comes to conflicts constitutional arising between the powers of the State or public administration entities to each other. Not applicable between governments, regional, local, or among themselves, or against the Legislative Power, the Executive Power and the Judiciary brought by a local government, regional or public entity of any kind. In these cases, the dispute is dealt with by way of the processes of unconstitutionality or competition, as appropriate.
7. Has the deadline for submitting the claim, with the exception of the habeas corpus proceedings.
Article 8. Source versus acts detrimental to standards-based
Cuando se invoque la amenaza o violación de actos que tienen como sustento la aplicación de una norma incompatible con la Constitución, la sentencia que declare fundada la demanda dispondrá, además, la inaplicabilidad de la citada norma.
Article 9. Provenance in respect of judgments
El amparo procede respecto de resoluciones judiciales firmes dictadas con manifiesto agravio a la tutela procesal efectiva, que comprende el acceso a la justicia y el debido proceso. Es improcedente cuando el agraviado dejó consentir la resolución que dice afectarlo.
The habeas corpus is appropriate when a final court ruling violates in manifest form of individual freedom and the protection of procedural effective.
It is understood by guardianship procedural effective the legal status of a person in respect of, but not limited to, their rights of free access to the court, to try, to defense, to the contradictory and substantial equality in the process, not to be deviated from the jurisdiction of default or subjected to procedures other than those specified by law, to obtain a decision based in law, to access to the media impugnatorios regulated, to the impossibility of reviving processes fenecidos, the appropriate action and temporarily timely enforcement of court judgments and the enforcement of the principle of legality of criminal procedure.
Article 10. Constitutional processes during the regimes of exception
The constitutional processes are not suspended during the term of regimes of exception. When you stand in relation to rights are suspended, the court shall consider the reasonableness and proportionality of the restrictive act, based on the following criteria:
1) If the claim relates to constitutional rights that have not been suspended;
2) if in the case of rights suspended, the reasons that underpin the restrictive act of the law does not have a direct relationship with the causes or reasons which justified the declaration of a state of exception; or,
3) if in the case of rights suspended, the restrictive act of the law is manifestly unnecessary or unjustified response to the conduct of the aggrieved person or to the situation in fact assessed summarily dismissed by the judge.
The suspension of constitutional rights will be effective and reach only in the geographic areas specified in the decree declaring the state of emergency.
Article 11. Notifications
All resolutions are reported to the box for electronic. If for any reasonable circumstances, the plaintiff is not possible to set the check box for electronic, you can opt for other telematic means, or if you prefer, will be notified to your home address.
The term starts from the two days of the notification in the box, electronic or telematic means, by which it was decided; or from the following day of its notification in the address.
Article 12. Processing of the constitutional processes of amparo, habeas data and compliance
In the process of amparo, habeas data and compliance, filed the complaint by the aggrieved person, the judge in the term of fifteen days, under the responsibility, points out the date and time for the unique audience that will take place in a maximum period of thirty business days. At the same time challenges the defendant to answer the complaint within ten business days.
In the written answer to the complaint, the set accompanies their evidence and contradict those presented by the plaintiff. It also follows the exceptions as it deems appropriate.
The judge informs the claimant of the written response to your demand for the unique audience alleges that creates appropriate. Between this notice and the day of the pleadings must be at least ten calendar days.
At the hearing only, the judge heard the parties and if it has formed a judgment pronounced judgment in the action or, on the contrary, what does the term unfailing ten business days.
The parties may request a copy of the audio and video of the public hearing.
Si con el escrito que contesta la demanda, el juez concluye que esta es improcedente o que el acto lesivo es manifiestamente ilegítimo, podrá emitir sentencia prescindiendo de la audiencia única, salvo lo dispuesto en el artículo 52-A.(*)
(*) Artículo modificado por la Ley N.° 32153, publicada el 5 de noviembre de 2024 (link: https://esford.pe/wp-content/uploads/2024/11/LEY-32153.pdf)
Article 13. Offer of evidence. Opportunity and valuation
In the constitutional processes of the means of proof are provided with the filing of the complaint and the response. Only from those that do not require action, which does not prevent the realization of the action of the evidence on which the judge considers essential, without affecting the duration of the process. The judge may order, at the request of a party the display of the documents found in the possession of state agencies under the responsibility. In this latter case does not require prior notification. The means of proof are valued together at the time of sentencing.
The evidence proving facts important to the process may be admitted by the judge to the dispute principal or to the injunction, provided that it does not require action, even if the test is known or occurs subsequent to the demand, but in no event after the hearing only. If the test is subsequent to the hearing only, the part will be asserted in the second instance, or, if that was the case before the Constitutional Court.
Article 14. Integration of decisions
The judges and the Constitutional Court make decisions when there has been any omission. You can also fill the void that will be incurred.
The absence of notice to whom it must be placed or the summons for the hearing of the case who has went to the instance, it will determine the nullity of the process. In other cases where there are defects procedural judge must be correct.
Article 15. Res judicata
In the constitutional processes only acquired the authority of res judicata, the final decision is rendered on the merits.
Article 16. Procedure for the suppression of acts homogeneous
If sobreviniera an act substantially homogeneous declared to be injurious in a process of habeas corpus, amparo, habeas data or compliance, may be terminated by the interested party before the judge of execution.
Made the claim, the judge resolves prior to transfer to the other party for the term of three days. The resolution is appealable without suspensive effect.
The decision that declares the uniformity extends the scope of protection of the habeas corpus, incorporating and ordering the suppression of the act repressive sobreviniente.
Article 17. The responsibility of the aggressor
When there is probable cause of the commission of a crime, the judge, in the statement that declares founded in demand in the processes treated in this title, shall provide for the remission of the actuated to the criminal attorney that is appropriate for the purposes relevant. This will happen even when you declare the theft of the claim and its effects, or when the violation of a constitutional right has become irreparable, if the judge considers it.
In the case of the authority or public official, the criminal judge may impose as an additional punishment to removal from office.
The have been derived by a higher order is not released to the executor of the criminal liability, civil or administrative action for the tort committed. If the immediately responsible for the violation was one of the people included in the article 99 of the Constitution of the State, it shall immediately notify the Permanent Commission of the Congress of the Republic for the purposes related to it.
CAPÍTULO II: MEDIDA CAUTELAR
Article 18. Precautionary measures
Can be granted precautionary measures and the suspension of the act a violation in the processes of amparo, habeas data, and compliance.
The injunction should only be limited to ensure the content of the claim of the constitution, taking into account its irreversibility, public order, and the harm that it may cause. The judge, according to the requirements precautionary measure without running transfer to the defendant. The implementation will depend on the content of the claim constitutional tried and adequate assurance of the final decision, to the ends should be limited. The judge may grant the injunction in whole or in part.
In the case of precautionary measures in respect of selection processes of public works or the execution of these, under penalty of nullity, it notifies the application injunction to the defendant to assert his right within ten business days. The Room resolved within five business days of made the opposition.
The appeal is only granted without suspensive effect; except in the case of resolutions of precautionary measures to declare the non-application of legal rules autoaplicativas, in which case the appeal with suspensive effect.(*)
Lo dispuesto en el presente artículo no se aplica a los supuestos del artículo 52-A.
(*) Artículo modificado por la Ley N.° 32153, publicada el 5 de noviembre de 2024 (link: https://esford.pe/wp-content/uploads/2024/11/LEY-32153.pdf)
Article 19. Requirements for their origin
The judge to grant the injunction should be observed that the order is right or reasonable, which has the appearance of law and that there is reasonable certainty that the delay in its issuance would constitute irreparable harm.
In everything not expressly provided for in this code, it is supplementary application the provisions of Title IV of the Fifth Section of the Code of Civil Procedure, with the exception of articles 618, 621, 630, 636 and 642 to 672.
In everything not expressly provided for in this code, it is supplementary application the provisions of Title IV of the Fifth Section of the Code of Civil Procedure, with the exception of articles 618, 630, 636 and 642 to 672.
Nor is it of supplementary application of article 621 of the Code of Civil Procedure, except in the case of selection processes of public works or the execution of these, referred to in the last paragraph of this article.
In the selection procedures of public works or the execution of these, the precautionary measure is accompanied by against caution, consisting of a letter, a bond of solidarity, unconditional, irrevocable and automatically make the first requirement in favor of the State, with a validity not less than six months and must be renewed for the duration of the process, and granted by an entity with risk classification B or above authorized by the Superintendence of Banking, Insurance and Administrators of Private Pension Funds or to be considered in the final list of foreign banks in the first category which is periodically published by the Banco Central de Reserva del Perú.
The judge may dismiss the injunction if it finds that the amount of the letter bond is insufficient to guarantee the repair of the damages and losses that may result from the measure.
Article 20. Conversion of the interim measure
The precautionary measure is extinguished as of right when the resolution that concludes the process has acquired the authority of res judicata. If the final resolution is a sentence estimated, it will retain the effects of the injunction, leading to a conversion of the right to the same extent as executive. The effects of these measures remain, until the time of the satisfaction of the right recognized to the plaintiff, or until the judge issued a resolution amending, or extintiva during the execution phase.
If the resolution did not recognise the right claimed by the plaintiff, it proceeds to the settlement of costs and the costs of precautionary procedure. The subject is affected by the injunction can promote the statement of responsibility. Verified the same, in addition to the sentence of court fees and costs, shall be the settlement and execution of the damage, and if the judge considers it necessary, the imposition of a fine of not more than ten units of a reference procedure.
The resolution that fixed costs and costs is appealable without suspensive effect; that which establishes a repair, compensation, and the fine, what is with suspensive effect.
In regard to the payment of court fees and costs will be governed by article 28.
CAPÍTULO III: MEDIOS IMPUGNATORIOS
Article 21. Media impugnatorios
The interposition of the media impugnatorios, with the exception of the complaint, you do not require substantiation, except in the process of habeas corpus if the appellant is the defendant.
The plaintiff challenging a resolution supporting the grievances in the instance above, pursuant to the procedures established by the present code.
Article 22. Appeal
The appeal in the constitutional processes of habeas corpus, amparo, habeas data and compliance to proceed against the resolutions that the parties believe that the trespass against thee. The time limits to challenge them are:
(a) In the process of habeas corpus is two business days.
(b) In the processes of amparo, habeas data and compliance is three business days.
c) In exceptional circumstances, to allow the appeal by a jump in cases of judgments in the process of execution of a sentence, when you verify an inaction in its execution or when it is decided against the protection of the fundamental right attacked, and will check out the fundamental rights whose protection already granted.
Not applicable to the appeal by jumping when you:
1) the execution of the sentence presents a discussion on the quantification of the amount of the pension, severance or retirement, of the accrual of or the reimbursement of the interests of the costs or the costs.
(2) The mandate of the constitutional decision whose enforcement is sought to be established in a clear and explicit way that is progressive achievement.
Article 23. Pending the appeal
The appeal is being processed:
(a) In the process of habeas corpus granted the appeal the judge to lift the cars to the top within one business day. The supervisor resolves within five business days. There is No view of the case, unless the plaintiff or the favoured request.
(b) In the processes of amparo, habeas data and compliance, granted the appeal the judge to lift the cars to the top within two business days. The superior hierarchical fixed day and time for the hearing of the cause in the period of five business days, without the need to self cast of avocamiento. Served with the resolution that fixed day and time for the hearing of the cause, the lawyers may request oral report within three business days after notification. Conducted the hearing of the case, the judge resolves within ten business days.
c) In the case of appeal by leap, in the case of resolutions in execution, the judge elevates the case to the Constitutional Court in the period of two working days. Not required audience for their resolution, so that the Constitutional Court rules within a maximum period of ten working days from your schedule of courses.
Article 24. Resource tort constitutional
Against the decision of the second degree which declares it to be unfounded or unfair demand, appropriate resource tort constitutional before the Constitutional Court, within a period of ten days commencing from the day following notification of the resolution. Granted the appeal, the president of the chamber referred to the Constitutional Court the record within a maximum period of three days, over the term of the distance, under the responsibility.
In the Constitutional Court is mandatory the hearing of the case in a public hearing. The lawyers have the right to report orally if requested to do so. You can not ban or restrict this right in any circumstances, under penalty of nullity.
The room refers to the Constitutional Court the record within ten days, under the responsibility.
Article 25. Complaint
The complaint is against the resolution that denies the resource of tort, constitutional. Is filed before the Constitutional Court within three days following the notification of the denial. The writing must contain the rationale for corresponding, by appending a copy of the resource of tort, constitutional, and the negative decision. The appeal will be resolved within five business days. If the Constitutional Court declares founded the complaint, order the room the submission of the dossier within three days of the bureau, under the responsibility.
It enables the complaint in the case is denied, the appeal by jumping against resolutions in execution.
CAPÍTULO IV: ACTUACIÓN Y EJECUCIÓN DE SENTENCIAS
Article 26. Performance of sentence
The sentence estimated first degree is of immediate action if the judge finds that will generate a situation of irreversibility, or cause disproportionate damage to the defendant. Is independent of the appeal brought against her and is requested before the judge who issued the decision.
The resolution ordering the immediate action of a sentence is inimpugnable and remains in effect until the issuance of resolution last and final that puts an end to the process.
Lo dispuesto en el presente artículo no se aplica a los supuestos del artículo 52-A.(*)
(*) Artículo modificado por la Ley N.° 32153, publicada el 5 de noviembre de 2024 (link: https://esford.pe/wp-content/uploads/2024/11/LEY-32153.pdf)
Article 27. Execution of the sentence
Judgments handed down by the constitutional judges have prevalence over the other courts. For the enforcement of sentences and in accordance with the specific content of the mandate and the magnitude of the tort, constitutional, the judge must:
1) Ensure that the judgment is satisfied according to their own terms, to act with the prudence and imperatives that the circumstances of the case imposed. If the defendant does not comply with the mandate, the judge constitutional refers to the acted out to the Public Ministry to act in accordance with their terms of reference. You can also have the start of the disciplinary procedure of officials and public servants to the entity that corresponds to his dismissal.
2) If the execution of the sentence depends on a number of wills, and if you do not comply within five business days, the judge refers the actuated to the Public Ministry to act in accordance with their terms of reference. The Public Ministry formulates criminal complaint against the owner of the entity and that are responsible, and may require pre-trial detention.
3) If the execution of the sentence depends on the provisions contained in the general budget of the Republic or the budgets of state agencies, the prevailing party can ask the judge to modify the material execution of the judgment, by proposing a formula substitute that causes equal satisfaction to your right infringed. The judge runs transfer of the order and listen to the losing party, deciding what is appropriate. If the judge accepts the formula for replacement, must be issued a car so established, which is challenged with suspensive effect. The execution by substitution implies that the judge argued the constraints to its accomplishment, and that does not give effect to the cast.
For the compliance of the judgments, the judge may either ex officio or at the request of a party, by other implementing measures such as the removal, destruction of things, objects or buildings, stoppage of works, among other techniques that the judge considers necessary, as well as any other decision or action that is proportionate and reasonable to the preservation, and restoration and protection of constitutional rights object of the process.
In the processes of habeas corpus sentences estimatorias executed by the judge or the room that was issued, without the need to refer performed at the court of origin.
Article 28. Costs and expenses
If the judgment declares founded the demand, there will be costs and costs the judge to set the authority, officer or person complained against, except in cases of recklessness procedure. If the process were dismissed by the judge, this may order the plaintiff to the payment of costs and the costs, if it considers that it made a manifest error.
In the process of habeas corpus, amparo and compliance, the State can only be condemned to the payment of costs. In the processes of habeas data, the State is exempt from the sentence of court fees and costs.
In matters not expressly established in the present code, the costs are regulated by articles 410 to 419 of the Code of Civil Procedure.
TÍTULO II: PROCESO DE HABEAS CORPUS
CAPÍTULO: I DISPOSICIONES GENERALES
Article 29. Competition
The demand for habeas corpus is filed with the judge constitutional occurred where the threat or impairment of the right or where it is physically located, then the aggrieved person if, they are processes of arbitrary detention or enforced disappearance.
Article 30. Jurisdiction of justices of the peace
When the involvement of individual freedom is done in a different place and far away or difficult to access than the one in which it has its headquarters in the court where you filed the claim this will dictate the order urgent and immediate to the magistrate of the district in which is located the detainee meets in the day, under the responsibility, to do the checks, and order the immediate measures to halt the involvement.
Article 31. Legitimation
The claim can be brought by the aggrieved person or by any other in its favor, without the need to have its representation. Does it require signature of lawyer or other formality. You can also interponerla the office of the Ombudsman.
Article 32. Features special procedural of the writ of habeas corpus
The process of habeas corpus is also governed by the following principles:
1) Informality: Not required no requirement to file the complaint without further obligation to spell out a brief explanation of the facts.
2) Not concurrency: there is No other process to safeguard the constitutional rights that protect you. There are No parallel pathways.
3) Activity vicarious: The suit can be filed by the aggrieved person or any other person on your behalf, without the need for legal representation.
4) one-Sidedness: it is Not necessary to listen to the other party to solve the situation of the oppressed.
5) Applicability: The deadline to file the claim does not prescribe.
CAPÍTULO II: DERECHOS PROTEGIDOS
Article 33. Rights protected
Comes habeas corpus before the action or omission that threatens or violates the following rights, without limitation, comprise the individual freedom:
1) The personal integrity and the right not to be subjected to torture or to inhuman or humiliating, or violated to obtain statements.
2) The right not to be compelled to swear an oath or forced or obliged to declare or acknowledge guilt against himself, against his or her spouse or domestic partner, or their relatives within the fourth degree of consanguinity or second of affinity.
3) The right not to be exiled, but by final judgment.
4) The right not to be banished, expatriate or confined by administrative authority for political reasons, racial, cultural, ethnic, or for any other purposes.
5) The right not to be separated from the place of residence or expelled from the country, but by court order or by operation of applicable law.
6) the law of The alien who has been granted political asylum, not to be deported to the country whose government pursues, or in any case if peligrase your freedom or security by the fact of being expelled.
7) The right of the nationals or foreign residents to enter, transit or exit from the national territory, unless a court order or application of the applicable law.
8) The right not to be arrested, but by a written mandate, and motivated by the judge, or the police authorities in case of flagrante delicto; or if you have been arrested, to be put within 48 hours over the term of the distance, at the disposal of the court that appropriate, in accordance with paragraph (f) of subparagraph (24) of article 2 of the Constitution, without prejudice to the exceptions in which he is entered. In no event should it be construed to 48 hours referred to in the preceding paragraph or the correct one according to the exceptions constitutional is a top must, but the maximum to be considered at the level of the police force.
9) The right to decide voluntarily to military service, according to the law of the matter.
10) The right not to be detained for debt, except in the case of the crime of omission of family assistance.
11) The right not to be deprived of the national identity document, as well as to obtain the passport or renewal within or outside the Republic.
12) The right not to be held incommunicado, but in the cases established by the literal g) for paragraph (24) of article 2 of the Constitution.
13) The right not to be subjected to slavery, servitude, child exploitation or trafficking in any of its forms.
14) The right to be assisted by an advocate freely chosen since it is cited or arrested by the police authority or otherwise, without exception.
15) the right to withdraw the surveillance of the residence and to suspend the follow-up to police, when they are arbitrary or unjustified.
16) The right to the release of an accused or convicted person, whose freedom has been declared by the judge.
17) The right to observe the necessary formalities when it comes to the procedure, or detention of the persons referred to in article 99 of the Constitution.
18) The right not to be subject to extrajudicial execution and/or enforced disappearance.
19) the right to the truth, in accordance with its recognition by case law.
20) The right of the detainee or inmate not to be subjected to a treatment devoid of reasonableness and proportionality, with respect to the manner and conditions under which fulfills the mandate of arrest or punishment.
21) The right to the protection of the family against acts of domestic violence.
22) The right to the protection of constitutional rights associated with the individual freedom.
CAPÍTULO III: PROCEDIMIENTO
Article 34. Procedure in case of arbitrary detention
In the case of any of the forms of arbitrary detention and affected the integrity of the person, the judge will resolve immediately. For this to be created in the place of the facts, and verified the arrest improper order it on the same place the freedom of the oppressed, leaving a record in the minutes and without the need for prior notice to the responsible of the assault to comply with the court's decision.
Article 35. Process in different cases
When it is not arbitrary detention or a violation of the personal integrity, the judge may be formed in the place of the facts, or, if applicable, mention who or whom carried out the violation, to require them to explain the reason that motivated the assault, and settle flat on the end of a calendar day, under the responsibility.
If the circumstances so require, the judge within 72 hours of admitted the claim fixed date for the realization of unique audience. After listening to the arguments of the parties, the judge, if one has been formed judgment, pronounced sentence in the act or in the contrary case, it will do so within unfailing three calendar days.
The parties may request a copy of the audio and video of the public hearing.
The resolution shall be served on the aggrieved person, and will be assumed deprived of his liberty. You can also be notified either to the person who filed the complaint, as well as his / her attorney, if any.
Article 36. Procedure in case of enforced disappearance
Without prejudice to the procedure provided for in the preceding articles, in the case of the forced disappearance of a person, if the authority, officer or person complained against fails to provide evidence satisfactory to his whereabouts or fate, the judge shall adopt all the necessary measures that will lead to your finding, and may even commission of judges of the district court where it is presumed that a person can be arrested for that practice. Also, the judge shall give notice of the demand of habeas corpus to the Public prosecutor to conduct the investigations.
If the assault is reported to a member of the National Police or the Armed Forces, the judge will, in addition, to the higher authority of the alleged perpetrator of the area in which the disappearance has occurred, to report within twenty-four hours if it is true or not the infringement of the freedom and provide the name of the authority that has ordered or executed, under the express liability in the statement that may be made.
Article 37. Special rules of procedure
This process is subject to the following rules:
1) there is No objection, except by the affected party or a person acting on your behalf.
2) No room for excuses of the judges, nor of the secretaries.
3) The judges should enable the date and time for the conduct of the proceedings.
4) is Not involved in the Public Ministry.
5) You can submit the documents whose merit will appreciate the judge in any state in the process.
6) The judge or the chamber shall appoint a public defender to the plaintiff, if so requested.
7) The proceedings are not subject to extension.
8) there is No view of the cause, unless prompted by the plaintiff or the favored.
Article 38. Content of a judgment founded
The resolution declares founded the demand of habeas corpus shall have any of the following measures:
1) The release of the person arbitrarily deprived of this right; or
2) to continue the situation of deprivation of liberty in accordance with the legal provisions applicable to the case, but if the judge considers it necessary, be ordered to change the conditions of detention, either in the same establishment or in another, or under the custody of persons other than that so exercised; or
3) that the person deprived of liberty shall be immediately available to the competent court, if the assault occurred after the statutory time limit for his detention; or
4) an end to the tort occurred, having the necessary measures to prevent the act happen.
TÍTULO III: PROCESO DE AMPARO
CAPÍTULO I: DISPOSICIONES GENERALES
Article 39. Legitimation
The affected person is entitled to bring the process under.
Article 40. Procedural representation
EI affected person may appear in person, by means of representative litigation. No registration is required, the representation granted.
In the case of persons not resident in the country, the demand will be made by accredited representative. To this effect, it will be enough power out of registration granted to the consul of Peru in the city appropriate foreign and apostille of the signature of the consul at the Ministry of Foreign Affairs, does not require the registration in the Public Registers.
La Defensoría del Pueblo puede interponer demanda de amparo en ejercicio de sus competencias constitucionales.
Artículo 41. Procuración oficiosa
Cualquier persona puede comparecer en nombre de quien no tiene representación procesal, cuando esta se encuentre imposibilitada para interponer la demanda por sí misma, sea por atentado concurrente contra la libertad individual, por razones de fundado temor o amenaza, por una situación de inminente peligro o por cualquier otra causa análoga. Una vez que el afectado se halle en posibilidad de hacerlo, deberá ratificar la demanda y la actividad procesal realizada por el procurador oficioso.
Article 42. Judge
They are competent to know the process of amparo, at the option of the plaintiff, the judge constitutional of the place where it was hit to the right, or where he has his domicile by the party concerned, or where you found the perpetrator of the offence.
It is competent to the constitutional court or, if not any, room to civil duty of the superior court of justice in question and on the Constitutional and Social justice of the Supreme Court is competent to resolve in the second degree, if the assignment of rights, originating in:
(a) Una resolución judicial de fondo emitida por la Corte Suprema de Justicia de la República.
(b) Un laudo arbitral.
c) A selection procedure of public works or the execution of this.
d) Una decisión de los órganos del Congreso dentro de un procedimiento parlamentario, de conformidad con el artículo 52-A.
Es competente el juzgado constitucional si la violación de derechos se origina en una resolución judicial firme expedida por un juez o sala especializada, siendo competente para resolver en segundo grado la sala constitucional o sala civil.
In the process of amparo, do not accept the extension of the territorial jurisdiction, under penalty of nullity of all actions taken.(*)
(*) Artículo modificado por la Ley N.° 32153, publicada el 5 de noviembre de 2024 (link: https://esford.pe/wp-content/uploads/2024/11/LEY-32153.pdf)
Article 43. Depletion of airway previous
The cover is only applicable when the means have been exhausted beforehand. In case of doubt about the depletion of the via upon it is preferred to process the petition for relief.
Shall not be required of the exhaustion previous if:
1) A resolution, it is not the last in the administrative, is executed before the expiration of the term so that it is consensual;
2) by the depletion of the pathway prior to the assault could become irreparable;
3) the pathway prior is not expressly regulated or has been initiated unnecessarily by the affected party; or
4) does not resolve the pathway prior to the deadlines set for the resolution.
CAPÍTULO II: DERECHOS PROTEGIDOS
Article 44. Rights protected
The umbrella comes in defense of the following rights:
1) equal and not be discriminated against on the basis of origin, race, sex, genetic characteristics, sexual orientation, religion, opinion, economic status, social, language, or of any other nature.
2) The free development of the personality.
3) The public exercise of any religious confession.
4) of the freedom of conscience and the right to object.
5) Of information, opinion and expression.
6) free recruitment.
7) the creation of artistic, intellectual and scientific.
8) Of the inviolability and secrecy of the documents and private communications.
9) meeting.
10) Of the honour, intimacy, voice, image, and rectification of inaccurate or rages.
11) association.
12) To work.
13) Of association, collective bargaining and strike.
14) property and inheritance.
15) request to the competent authority.
16) participation in individual or collective in the political life of the country.
17) To the nationality.
18) guardianship procedural effective.
19) To education, as well as the right of parents to choose the education center and participate in the educational process of their children.
20) provide education within the constitutional principles.
21) To the social security.
22) Of the remuneration and pension.
23) Of the freedom of expression.
24) access to the means of social communication in the terms of article 35 of the Constitution.
25) To enjoy an environment balanced and suited to the development of life.
26) to The drinking water.
27) health.
28) The other recognized by the Constitution.
CAPÍTULO III: PROCEDIMIENTO
Article 45. Deadline of submission of the demand
The period for filing the petition for relief prescribed to sixty days of the occurrence of damage, provided that the affected party had knowledge of the injurious act and had been found in the possibility of submitting the claim. If this would not have been possible, the period shall be computed from the time of the removal of the impediment.
In the case of the amparo proceeding brought against a judicial decision or arbitral award, the deadline for lodging an appeal is 30 days and starts with the notification of the decision or arbitral award that has the status of a firm.
For the computation of the period is to observe the following rules:
1) The term is calculated from the time of the damage, even when the respective order has been made before.
2) If the involvement and the order that the covers are executed simultaneously, the computation of the period begins at the time.
3) If the acts that constitute the affectation are ongoing, the period runs from the date on which it has completely ceased its execution.
4) The threat of execution of an act harmful not start the computation of the period. Only if the impairment occurs you should start to count the time.
5) If the offense consists of an omission, the time will not pass as she subsists.
6) The period shall begin to be counted once channels are exhausted prior, when she appropriate.
7) If these rules are autoaplicativas the period not prescribed, except that the rule be repealed or declared unconstitutional.
Article 46. Accumulation subjective ex-officio
When demand appears the need to understand to third parties who have not been located, the judge will be able to integrate the relationship of procedural summoning to other people, if the claim or defence is evident that the decision to fall back into the process is going to affect.
The term of the third party to acquit the site is ten business days.
Article 47. Accumulation of processes
When the same act, fact, omission or threat affects the interest of several individuals who have exercised separately, his right of action, the judge that would have prevented, at the request of a party or ex officio, order the accumulation of amparo proceedings.
The resolution that grants or denies the accumulation is inimpugnable.
Article 48. Intervention litisconsorcial
Who had interest legally relevant in the outcome of a process, may appear requesting to be declared litisconsorte optional. If the court supports its incorporation, order is notified of the lawsuit. If the process was in the second grade, the request shall be addressed to the chief judge. The litisconsorte optional enters the process in the state in which this you are. The resolution that grants or denies the intervention litisconsorcial is inimpugnable.
Article 49. Inadmissibility
If the judge declares inadmissible the complaint, granted to the plaintiff three days to remedy the default or default, under penalty of filing of the record. This ruling is subject to appeal.
Article 50. Counterclaim, abandonment and withdrawal
In the injunction is not appropriate to the counterclaim or to the abandonment of the process. It is from the withdrawal.
Article 51. Impairments
The judge must not exist the grounds of disability laid down in the Code of Civil Procedure. In no case will be from the challenge.
The judge who intentionally does not restrain it when he attends a causal impairment, or when you miss one of them, incurs the responsibility of nature disciplinary and criminal.
Article 52. Judgment
The judgment that resolves the processes referred to in this title, contains, as the case may be:
1) The identification of the complainant.
2) The identification of the authority, officer or person, the author of the violation or threat of a constitutional right; or of one who is reluctant to comply with a legal provision or an administrative act.
3) The precise determination of the constitutional right infringed or threatened, or considerations for which there has been infringed or threatened; or, if applicable, the determination of the obligation breached.
4) The foundation that leads to the decision.
5) The decision by pointing out, in his case, under the responsibility, the specific mandate provisions.
TÍTULO IV: PROCESO DE HABEAS DATA
CAPÍTULO I: DISPOSICIONES GENERALES
Article 53. Definition of the data bank
It is understood by file, registry, database or data bank to any collection of data organized personal information and undergo treatment or processing, physical, electronic or computer-based, whether public or private, and regardless of the mode of formation, storage, organization or access.
Article 54. Judge
It is competent to know the processes of habeas data, the court's constitutional place where one can find information, data or where you have your principal residence by the party concerned, at the election of the plaintiff.
In the process of habeas data, do not accept the extension of the territorial jurisdiction, under penalty of nullity of all actions taken.
Article 55. Locus standi
The demand of habeas data can only be exercised by the affected, their guardians or curators or their heirs.
When the demand is filed by a legal person of private law, this is brought by its legal representative or by the agent designated for such purpose.
Article 56. Legitimation passive
With the demand it is located to the owner or manager and users of data banks, public or private, intended or not to provide information.
Artículo 57. Requisitos especiales de la demanda de habeas data
In addition to the requirements set out in article 2, the demand of habeas data contains:
1. The name and address of the file, registry, or database, and, in your case, the name of the person or user. In the case of files, records, or public banks, will seek to establish the state agency on which they rely.
2. The reasons for which it is understood that in the file, record, or data bank individualized work-related information to the aggrieved; the grounds on which it considers that the information that concerns him is discriminatory, false, inaccurate or in violation of personal or family privacy.
Article 58. Precautionary measures
Without prejudice to the precautionary measures laid down in articles 18, 19 and 20 of this code, the judge, ex officio or at the request of a party, may:
1. That for the duration of the process, is entered on the register or database that the information being disputed is subjected to a constitutional process.
2. Have the lock or the temporary suspension of the broadcast of the data or information that is submitted to the process, when it is obvious your character discriminatory, false, inaccurate, or if it contains sensitive information or private whose dissemination could cause irreparable damage.
3. The placement of security seals in the environments of the entities, the confiscation by the judge, and the check or reproduction of the information, when the judge appreciates risk of its concealment, loss or destruction.
CAPÍTULO II: DERECHOS PROTEGIDOS
Article 59. Rights protected
The habeas data comes in defense of the right of access to public information recognized in subsection (5) of article 2 of the Constitution.
Also comes in defense of the right to informational self-determination, without limitation, under any of the following ways:
1) Repair assaults against the manipulation of data personalísimos stored in data banks computerized or not.
2) To know and to monitor the way in which the personal information is being used.
3) To know the contents of the personal information that is stored in the data bank.
4) To know the name of the person who provided the data.
5) To clarify the reasons that have led to the creation of the database.
6) To know the place where it stores the data, with the aim that the person is able to exercise its right.
7) To modify the information contained in the database, if it is information that is untrue, out of date or inaccurate.
8) To incorporate in the data bank of information that aim to add a certain information, but over time it has undergone modifications.
9) To incorporate information that is intended to clarify the certainty of a fact that has been misinterpreted.
10) To incorporate the bank of data missing information that harms a person.
11) To delete the data banks sensitive information affecting personal privacy, family, or any other fundamental right of the person.
12) To prevent unauthorized persons from gaining access to information which has been classified as reserved.
13) The data is saved under a code that can only be deciphered by those who are authorized to do so.
14) To prevent manipulation, or publication of the data in the framework of a process, with the aim of ensuring the effectiveness of the right to protect yourself.
15) To apply for the technical control with the aim to determine if the information system, computerized or not, guarantee the confidentiality and the minimum conditions of security of the data and their utilization in accordance with the purpose for which they have been stored.
16) To challenge the judgements or conclusions reached which analyzes the stored personal information.
CAPÍTULO III: PROCEDIMIENTO
Article 60. Stage precontenciosa
For the origin of the writ of habeas data, the plaintiff previously:
(a) In the case of the right recognized in article 2, paragraph 5, of the Constitution, have presented the application of information before the administrative authority and this, tacitly or expressly, denied, partially or totally, the information, even if the turn in incomplete or altered.
(b) In the case of the right recognised by article 2, point (6) of the Constitution, having claimed by document date, and the defendant has not answered within ten working days following, or has incomplete or denial or defective. If the plaintiff chooses to go to the Court of Transparency and Access to Public Information, you must exhaust this pathway upon by an express resolution or make it for exhausted in the course of to not get resolution within the legal time limit.
If the public entity or the owner of the data or the information dismisses the order, the aggrieved person may bring an action of habeas data in the period of sixty days.
The aggrieved person may dispense with the stage precontenciosa if you believe that there is a risk of irreparable harm in the enjoyment and exercise of their fundamental rights.
Article 61. Accumulation
In the case of the protection of personal data may be accumulated claims of access and learn information of a person, with the update, rectify, to include, to suppress or prevent the supply of data or information.
Article 62. Burden of proof
The burden of proof of the requested information may cause substantial harm to the public interest or right protected by some legal reserve, lies with the public authority, respondent.
Article 63. Participation of third parties
In the case of claims for denial of access to the information based on grounds arising from rights of third parties, these have standing to participate in the process and must be served with the lawsuit by the justice of the cause.
Article 64. Injunction
Admitted the claim, the judge, ex officio or at the request of a party, may require the defendant who owns, runs or manages the file, record, or data bank, the remission of the information concerning the claimant; as well as to request reports on the technical support of data, documentation of relative basis to the collection and any other aspect that is conducive to the resolution of the cause which it deems appropriate.
The defendant is in the obligation to comply with the requirement at the time of respond to the lawsuit. You can object to the injunction, if it considers that the information may not be disclosed by impairment of law. The judge resolves to the unique audience giving the defendant a period of three days to meet with the requirement if it considers that the request is essential to the sentence. This decision is inimpugnable.
TÍTULO V: PROCESO DE CUMPLIMIENTO
Article 65. Object
Is the subject of the compliance process order that the officer or public authority, reluctant:
1) To fulfil a legal regulation or to execute an administrative act that firm; or
2) to speak specifically when the legal norms in order to issue an administrative decision or to dictate rules.
It is not the object of the process of compliance with the act administrative containing the acknowledgement or payment of accrued or of obligations that must be determined in specialised court or station probation other than the specialized courts in the constitution.
Article 66. Rules applicable to resolve the complaint
1) When the term is generic or unclear, the judge, prior interpretation of the legal norm or the act administrative firm, enters to resolve the merits of the case, and must observe the following rules:
1.1) For the interpretation of the legal norm, the judge uses the classical methods of legal interpretation; owing its result to respect what the laws of matter, and the Constitution itself.
1.2) The interpretation of the administrative act firm must comply with the general principles of Administrative Law; the case law of the administrative bodies concerned, as well as of the Constitutional Court.
2) When the mandate is subject to dispute or complex interpretations differ, the judge, prior to clarification of the dispute, enters to resolve the merits of the case. To do this, you must observe the following rules:
2.1) The judge applied a minimum interpretive activity to overcome the controversy, according to the classical methods of legal interpretation, and applying the criteria of specialty, chronological and hierarchical.
2.2) In addition, and if necessary, the judge applied a minimum activity of proof that, without compromising the purpose of an urgent and peremptory of the compliance process, allow to confirm the veracity of the mandate.
3) When, in order to determine the need or incuestionabilidad of the mandate contained in a standard legal or administrative act firm is necessary to enter into the merits of the case, the judge admits to process the demand, and shed light on the controversy.
4) When the mandate, however, be the imperative, which is contrary to the law or to the Constitution, the court must so declare it, and accordingly, dismiss the complaint.
Article 67. Legitimation and representation
Any person can begin the process of compliance against standards with a range of laws and regulations. If the process is designed to make compliance with an administrative act may only be brought by the person in whose favour it is issued the act or who invoke interest for the fulfillment of duty omitted.
In the case of the defence of rights with diffuse interests or collective, the attestation shall fall to any person. In addition, the office of the Ombudsman can initiate processes of compliance.
Artículo 68. Legitimación pasiva
The demand for compliance is to be directed against the authority or official reluctance of the government to appropriate the compliance of a legal norm or the execution of an administrative act.
If the defendant is not the authority must, he shall so inform the judge indicating the authority who is responsible for your compliance. In case of doubt, the process will continue with the authorities in respect of which filed the lawsuit. In any case, the judge must be sited to the authority, in accordance with the law, having jurisdiction to comply with the duty omitted.
Article 69. Special requirement of the demand
For the origin of the compliance process will require that the applicant has previously been claimed, by document date, the compliance of statutory duty or administrative proceeding, and that the authority has been ratified in breach or has not answered within ten working days following the filing of the application. Apart from such requirement, it shall not be necessary to exhaust the administrative remedies that may exist.
Article 70. Grounds of impropriety
Not applicable the compliance process:
1) Against judgments handed down by the Judiciary, the Constitutional Court and the National Jury of Elections;
2) against the Congress of the Republic to require the approval or the insistence of a law;
3) for the protection of rights that may be guaranteed by the processes of amparo, habeas data and writ of habeas corpus;
4) when put with the sole purpose of challenging the validity of an administrative act;
5) when you demand the exercise of powers expressly qualified by law as discretionary on the part of an authority or official;
6) in cases that proceed to file the process of competence;
7) when you do not meet the special requirement of the demand provided for in article 69 of this code; and,
8) if the claim is filed after the expiration of the period of sixty days after the expiration of the ten days from the moment of receipt of the communication of a date certain.
Article 71. Withdrawal of the claim
The withdrawal of the claim will be admitted only when this refers to administrative acts of a particular nature.
Article 72. Content of the judgment founded
The statement that declares founded the complaint shall be made preferably with respect to:
1) The determination of the obligation breached;
2) the order and the precise description of the behavior to be met;
3) the peremptory term for the fulfillment of the resolutions, which may not exceed ten days;
4) the order of the authority or a competent official of the investigation of the case for purposes of determining criminal liability or disciplinary action when the conduct of the defendant so requires.
Article 73. Execution of the sentence
The judgment that orders the fulfilment of the duty omitted it will be accomplished in accordance with the provisions of article 27 of the present code.
TÍTULO VI: PROCESOS DE ACCIÓN POPULAR, INCONSTITUCIONALIDAD Y COMPETENCIAL
CAPÍTULO I: DISPOSICIONES GENERALES
Article 74. Purpose
The processes of popular action and unconstitutional purpose of the defence of the Constitution and, in his case, the law against violations against its regulatory hierarchy. This offense can be, directly or indirectly, a total or partial, and both the shape and the background.
For a contravention of article 106 of the Constitution, can be claimed to be unconstitutional, in whole or in part, of a legislative decree, decree or emergency law that has not been approved as organic, if such provisions had been regulated matters reserved to the organic law or involving modification or repeal of a law passed as such.
Article 75. Origin of the demand of people's action
The demand of people's action is against the regulations, administrative rules and resolutions of a general nature, whatever the authority from which they emanate, provided that violate the Constitution or the law, or when not to have been issued or published in the manner prescribed by the Constitution or by law, as the case may be. The lawsuits against resolutions or acts non-normative are the subject of administrative procedure. Does not involve subtraction of the matter, the repeal of the standard object of the process and the validation for the standard range of law.
Article 76. Origin of the claim of unconstitutionality
The claim of unconstitutionality must be against the rules that have the force of law: laws, legislative decrees, emergency decrees, treaties which have required approval of the Congress pursuant to articles 56 and 57 of the Constitution, Regulation of the Congress, regional standards of a general nature and municipal ordinances.
Article 77. Unconstitutionality of related standards
The judgment declaring the illegality or unconstitutionality of the challenged norm declare also that of the other that must be extended by connection or consequence.
Article 78. Principles of interpretation
To appreciate the constitutional validity of the rules of the Constitutional Court shall consider, in addition to the constitutional rules, the laws, for the remission expressed in the constitution, have been dictated to determine the jurisdiction or the powers of the organs of the State or the exercise of the fundamental rights of the person.
Article 79. Institutional relations with the opportunity to control processes of standards
The judges must suspend the processing of the processes of popular action based on rules in respect of which it has been raised claim of unconstitutionality before the Court, until the issuance of a final resolution.
Article 80. Effects of the judgment founded
The sentences based relapse in the process of unconstitutionality leave without effect the rules on which they are pronounced. Have scope and general lack of retroactive effect. It is fully published in the official journal El Peruano and produce effects from the day following that of its publication.
When you declare the unconstitutionality of tax rules for violation of section 74 of the Constitution, the Court must determine expressly in the sentence the effects of his decision at the time. It also resolves the pertinent legal situations produced while it was in effect.
The sentences based relapse in the process of action people will be able to determine the nullity, with retroactive effect, of the rules challenged. In such case, the judgment shall determine its scope in time. Have general effects and are published in the official journal El Peruano.
Article 81. Res judicata
The judgments of the Constitutional Court in the process of unconstitutionality and the relapses in the processes of popular action that are firm have the authority of res judicata, so that link on all public authorities and produce general effects from the day following the date of its publication.
It has the same authority as the car that declares the prescription of the claim in the case provided for in article 86.
The declaration of unconstitutionality or illegality of a rule contested by vices formal does not prevent it to be sued later for reasons of fund, provided that it is lodged within the period stipulated in the present code.
Article 82. Effects of the non-retroactivity
Sentences declaratory of illegality or unconstitutionality shall not grant the right to reopen completed proceedings in the application of the rules declared unconstitutional, except in the matters referred to in the second paragraph of article 103 and last paragraph of article 74 of the Constitution.
By the declaration of illegality or unconstitutionality of a standard does not recover validity of legal provisions that she had been repealed.
CHAPTER II: THE PROCESS OF PEOPLE'S ACTION
Article 83. Legitimation
The demand for popular action may be brought by any person.
Article 84. Competition
The demand of people's action is of exclusive competence of the Judiciary. They are competent:
1) The Constitutional Chamber of the Superior Court of the Judicial District to which it belongs, the body issuer, when the standard object of the popular action is of regional or local; and if you were not there, the room in charge of the civil proceedings.
2) In other cases, the Constitutional Chamber of the Superior Court of Lima; and if you were not there, the room in charge of the civil proceedings.
Article 85. Demand
The written request shall contain at least the following information and attachments:
1) The designation of the room before whom he stands.
2) The name, identity and address of the claimant.
3) The name and precise address of the body issuing the standard object of the process.
4) The request, which includes the indication of the standard or standards of constitutional and/or legal that are meant to be violated by the one who is the object of the process.
5) A simple copy of the standard object of the process, specifying the day, month, and year of publication.
6) The rationale behind the claim.
7) The signature of the applicant or his representative, or his / her agent and lawyer.
Article 86. Term
The period for filing the demand of people's action is five years, counted from the day following that of publication of the standard. The expiry of the term indicated prescribes the claim, without prejudice to the provisions of article 51 and the second paragraph of article 138 of the Constitution.
Artículo 87. Admisibilidad e improcedencia
Made the demand, the board resolves your admission within a period of not more than five days from its presentation. If you declare the inadmissibility, shall specify the requirement not met, and the deadline to rectify it. If you declare the irrelevance and the decision was appealed, and will put the resolution to the knowledge of the set.
Article 88. Location and publication of the demand
Admitted the claim, the board confers transfer to the body issuer of the standard subject matter of the proceedings and ordered the publication of the auto admisorio, which will include a brief explanation of the content of the demand, for once, in the official journal El Peruano if the demand is promoted in Lima, or in the official medium of advertising that matches, if that is promoted in another judicial district.
If the standard subject matter of the proceedings has been issued with a participation of more than one organ issuer, will be located at the highest level. If these are bodies of the same hierarchical level, the notification goes to the first who subscribes to the regulatory text.
If the body issuer has ceased to operate, corresponds to notify the body that took over its functions.
In the case of regulations made by the Executive branch, his defense corresponds to the Public prosecutor's Office Specialized in constitutional matters.
Article 89. Requirement background
La sala puede, de oficio, ordenar en el auto admisorio que el órgano remita el expediente conteniendo los informes y documentos que dieron origen a la norma objeto del proceso, dentro de un plazo no mayor de diez días, contado desde la notificación de dicho auto, bajo responsabilidad. La sala dispondrá las medidas de reserva pertinentes para los expedientes y las normas que así lo requieran.
Article 90. Answering the demand
The answer shall comply with the same requirements of the demand, as appropriate. The deadline to respond to the lawsuit is ten days.
Article 91. View of the cause
Practiced the procedural acts mentioned in the preceding article, the board shall fix a day and time for the hearing of the cause, which will occur within ten days of the response of the demand or of the expiry of the deadline for doing so.
To the hearing of the case, lawyers may report orally. The room will issue a judgment within ten days following the view.
Article 92. Appeal procedure
Against the judgment comes, and the appeal, which shall contain the rationale of the error, within five days of notification. Received the car, the Constitutional and Social justice of the Supreme Court will transfer the resource granting five days for his acquittal, and setting the date and time for the hearing of the case, in the same resolution. Within three days following receipt of the notice, the parties may request that their lawyers to report orally at the hearing of the case.
Article 93. Precautionary measure
Proceed to request a precautionary measure after being issued statement estimated in the first grade. The content injunction is limited to the suspension of the effectiveness of the norm to be considered infringes against by the aforementioned statement.
Article 94. Query
If the statement that declares founded the demand is not appealed, the cars will rise in consultation with the Constitutional and Social justice of the Supreme Court. The query will be addressed, without any process, and in a period of not more than five days from receipt of the record.
Article 95. Judgment
The sentence issued within ten days after the hearing of the case will be published in the same media outlet that published the self admisorio.
This publication is not a substitute for the notification of the parties. In no case will proceed to the appeal.
Article 96. Costs
If the judgment declares founded the demand will be imposed costs the judge to set, which will be assumed by the State. If the demand is dismissed by the judge, this may order the plaintiff to pay the costs if it considers that it made a manifest error. In all matters not provided for in terms of costs, shall be of supplementary application the provisions of the Code of Civil Procedure.
CHAPTER III: THE PROCESS OF UNCONSTITUTIONALITY
Article 97. Competition and legitimation
The claim of unconstitutionality was filed before the Constitutional Court and can only be submitted by the bodies and persons mentioned in article 203 of the Constitution.
Article 98. Legal representation legal
To file a claim of unconstitutionality, the president of the Republic requires the vote approving the Council of Ministers. Granted the approval, appoints one of its ministers to present the claim of unconstitutionality, and represent you in the process. The designated minister may delegate their representation to an attorney public.
The president of the Judicial Power or the prosecutor in the nation to sue with the agreement of the plenary board of the Supreme Court of Justice of the Republic or of the Board of Tax Supreme, respectively.
The ombudsman filed directly with the demand.
The congressional act in the process through appointed agent to the effect.
Citizens referred to in subparagraph (6) of article 203 of the Constitution must act with sponsorship of counsel, and grant their representation to a single one of them.
The regional governors, with the approval of the regional council or the provincial mayors with the agreement of the council, acting in the process, either by itself or by proxy and with the patronage of lawyer.
To file the claim, subject to the agreement of its board of directors, the professional associations must act with the patronage of lawyer and to give representation to its dean.
The body defendant is the man at the level of the process and formula necessarily his argument in defense of the challenged norm, by proxy appointed specially for the purpose.
Article 99. Term prescriptorio
The claim of unconstitutionality of a statute must be brought within a period of six years from the day following that of its publication, except in the case of treaties in which the term is six months. Defeated the specified time limits, prescribed by the claim, without prejudice to the provisions of article 51 and the second paragraph of article 138 of the Constitution.
Artículo 100. Demanda
The written request shall contain, as a minimum, the following information and attachments:
1) The identity of the bodies or persons bringing the demand and address legal and procedural.
2) The indication of the standard that is being contested in a precise way.
3) The rationale behind the claim.
4) The relationship numbered of the documents that accompany it.
5) The designation of the proxy, if any.
6) A simple copy of the standard subject matter of the claim, specifying the day, month, and year of publication.
Article 101. Annexes demand
The demand is accompanied, in your case:
1) Certification of the agreement adopted by the Council of Ministers, when the applicant is the president of the Republic;
2) certificación del acuerdo adoptado por la Sala Plena de la Corte Suprema de Justicia de la República; cuando el demandante sea el presidente del Poder Judicial;
3) certificación del acuerdo adoptado por la Junta de Fiscales Supremos cuando el demandante sea el fiscal de la Nación;
4) certification of signatures by the highest official of the Congress if the actors are 25% of the legal number of members of congress;
5) certification by the National Jury of Elections, in the formats provided by the Court, and as the case may be, if the actors are five thousand people or one percent of the citizens of the respective territorial level, in accordance with article 203, paragraph 6, of the Constitution;
6) certification of the agreement adopted at the board of directors of the respective professional association; or
7) certification of the agreement adopted at the council of regional coordination or in the provincial council, when the actor is governor of the region or provincial mayor, respectively.(*)
(*) Artículo modificado por la Ley N.° 32153, publicada el 5 de noviembre de 2024 (link: https://esford.pe/wp-content/uploads/2024/11/LEY-32153.pdf)
Article 102. Rating of the demand
Interpuesta la demanda, el Tribunal la califica dentro de un plazo que no puede exceder de diez días. Su inadmisibilidad es acordada con el voto conforme de cuatro magistrados.
The Court resolves the inadmissibility of the claim, if there is any of the following circumstances:
1) In the lawsuit, had omitted any of the requirements referred to in article 100; or
2) which is not accompanied by the annexes referred to in article 101.
The Court shall grant a term of not more than five days if the condition is omitted, it is capable of being remedied. If the deadline is not remedied the defect of inadmissibility, the Court, in a resolution duly motivated and inimpugnable, declares the inadmissibility of the claim and the conclusion of the process.
Article 103. Order cut-off of demand
The Court shall declare inadmissible the complaint with the affirmative vote of four justices when attending any of the following circumstances:
1) When the Court has dismissed a claim of unconstitutionality substantially the same in terms of the fund; or
2) When the Court lacks jurisdiction to hear the challenged norm.
In these cases, the Court in a resolution duly motivated and inimpugnable declares the inadmissibility of the claim.
Article 104. Effect of the admission and promotion of trade
Admitted the claim, and in consideration of the public interest in the claim discussed, the Constitutional Court will encourage the process of trade, irrespective of activity or interest of the parties.
The process just ends up in a sentence.
Article 105. Processing
The car admisorio granted to the respondent within thirty days to respond to the lawsuit. The Court is housed with the demand:
1) Congress or the Standing Committee, in the event that the Congress is not in functions, if the laws and Regulations of Congress.
2) The Power of the Executive, if the challenged norm is a legislative decree, or decree of urgency.
3) The Congress, or the Standing Commission and the Executive Power, if it comes to international treaties.
4) To the corresponding organs if the challenged norm is of regional or municipal.
With your response, or the expiration of the term without which it occurs, the Court shall have answered the demand or will declare the rebellion of the set, respectively. In the same resolution, the Court notes the date for the hearing of the case within ten working days following. The parties may request that their lawyers to report orally.
Article 106. Constitutional Control of rules repealed
If, during the pendency of the process of unconstitutionality, the rules challenged were repealed, the Constitutional Court will continue with the processing of the process to the extent that these continue to be applicable to the facts, situations or relationships produced during its lifetime.
The statement issued by the Court may not extend to the standards that replaced the challenged in the lawsuit unless they are substantially identical to those.
Article 107. Term sentencing
The Court issues a ruling within thirty days of the occurrence of view of the cause.
The statement that declares the unconstitutionality of the standard requires five votes agreeable. Not reached this qualified majority vote in favor of the unconstitutionality of the norm respondent, the Constitutional Court shall render judgment declaring unfounded the claim of unconstitutionality.
CAPÍTULO IV: PROCESO COMPETENCIAL
Article 108. Legitimation and representation
The Constitutional Court referred to the conflicts that arise about the powers or duties assigned directly by the Constitution or the organic laws that delineate the scope of the powers of the State, the constitutional bodies, the regional governments or municipal governments, and that to oppose it:
1) The Executive Power with one or more regional governments or agencies;
2) two or more regional governments, municipal or among themselves; or
3) the powers of the State among themselves or with any of the other constitutional bodies, or to these together.
The powers or state-owned entities in conflict will act in the process of their owners. In the case of entities of collegiate, the decision will require the approval of the respective full.
Article 109. Claim
The conflict occurs when any of the powers or state entities that are referred to in the previous article adopts decisions or refuses to deliberately actions, affecting competences or powers that the Constitution and the organic laws give to another.
If the conflict versare on a competition or attribution expressed in a standard range of law, the Court declares that the right way is the process of unconstitutionality.
Article 110. Precautionary measure
El demandante puede solicitar al Tribunal la suspensión de la disposición, resolución o acto objeto de conflicto, en todo o en parte. El Tribunal concede la medida cautelar, que debe estar fundamentada en la verosimilitud de la afectación competencial invocada, en el peligro de la demora, en la adecuación de la pretensión y en el principio de reversibilidad. Cuando se promueva un conflicto constitucional con motivo de una disposición, resolución o acto cuya impugnación estuviese pendiente ante cualquier juez o tribunal, este podrá suspender el procedimiento hasta la resolución del Tribunal Constitucional.
La aprobación de la medida cautelar requiere el voto de cuatro votos conformes. En caso de empate, el presidente del Tribunal Constitucional tiene voto decisorio.
(*) Artículo modificado por la Ley N.° 32153, publicada el 5 de noviembre de 2024 (link: https://esford.pe/wp-content/uploads/2024/11/LEY-32153.pdf)
Article 111. Rating of the demand
Si el Tribunal Constitucional estima que existe materia de conflicto cuya resolución sea de su competencia, declara admisible la demanda y dispone los emplazamientos correspondientes. Se requiere del voto conforme de cuatro (4) magistrados para declarar su inadmisibilidad.(*)
The procedure is subject to, as applicable, with the provisions that regulate the process of unconstitutionality.
The Court may request the parties for information, clarifications or information that it deems necessary for its decision. In any case, must be resolved within sixty days from that filed the lawsuit.
(*) Artículo modificado por la Ley N.° 32153, publicada el 5 de noviembre de 2024 (link: https://esford.pe/wp-content/uploads/2024/11/LEY-32153.pdf)
Article 112. The judgment in the processes of competence and its effects
En los procesos competenciales, la sentencia se obtiene con el voto conforme de cuatro magistrados. En caso de empate, el presidente del Tribunal Constitucional tiene voto decisorio. De no llegarse al número de votos exigidos, se tendrá por infundada la demanda. La sentencia del Tribunal vincula a los poderes públicos y tiene plenos efectos frente a todos. Determina los poderes o entes estatales a que corresponden las competencias o atribuciones controvertidas y anula las disposiciones, resoluciones o actos viciados de incompetencia. Asimismo, resuelve, en su caso, lo que procediere sobre las situaciones jurídicas producidas sobre la base de tales actos administrativos.
Cuando se hubiera promovido conflicto negativo de competencias o atribuciones, la sentencia, además de determinar su titularidad, puede señalar, en su caso, un plazo dentro del cual el poder del Estado o el ente estatal de que se trate debe ejercerlas”.(*)
(*) Artículo modificado por la Ley N.° 32153, publicada el 5 de noviembre de 2024 (link: https://esford.pe/wp-content/uploads/2024/11/LEY-32153.pdf)
TÍTULO VII: TRAMITACIÓN EN SEDE DEL TRIBUNAL CONSTITUCIONAL
Article 113. Accumulation of processes
The Constitutional Court may, at any time, provide for the accumulation of processes when these are related.
Article 114. Numbering the sentences
Judgments handed down by the Constitutional Court are listed in a corresponding manner and on a yearly basis.
Article 115. Request information
The Court may request the powers of the State and the organs of the public administration all reports and documents that it deems necessary for the resolution of the processes of your competition. In such a case, the Court enables a deadline for the parties to have knowledge of and can argue what that is suited to your right.
The Court has the necessary measures to preserve the secret that legally affect certain documentation, and that, by reasoned decision, you agree to their performance.
Article 116. Ruling of the Constitutional Court
Within a maximum period of twenty days in the case of the resolutions cognisance of the processes of habeas corpus, and thirty when it comes to the processes of amparo, habeas data and compliance, the Constitutional Court, under the responsibility, shall act on the appeal.
If the Court considers that the contested decision has been issued incurriéndose in a vice of the process that has affected the sense of the decision, overrule it, and ordered to restore the process to the state immediately preceding the occurrence of the defect. However, if the defect is incurred only reaches to the contested decision, the Court will revoke it and proceed to rule on the merits.
Article 117. The decisions of the boards
The Constitutional Court referred, in the last and final instance, the resolutions cognisance of the processes of habeas corpus, amparo, habeas data and compliance, with two rooms built by three judges each. The sentence requires three votes agreeable.
In case of not meeting the number of votes required, when it does happen some of the causes of vacancy that lists the article 16 of the law, 28301, when one of its members is prevented, or to settle the discord is called to the judges of the chamber, in order of seniority, beginning with the least old-the oldest and, in the latter case, the president of the Constitutional Court. In such cases, the call may use the recording of the hearing or to summon the parties to a new report.
Article 118. The decisions of the Plenum
In the process of habeas corpus, amparo, habeas data and enforcement of compliance with regulations regulatory are knowledge Full, the judgment requires four votes to be in conformity.
If in the process of habeas corpus, amparo, habeas data and compliance that are of knowledge of the heart produces a tie, the president of the Constitutional Court has deciding vote. You are not allowed to change the original meaning of its decision with the purpose of modifying the sense of the judgment. When there is a circumstance where the president of the Constitutional Court could not intervene for the resolution of the case, the vote is a decision-making rests with the vice-president of the Constitutional Court. If, for some reason, this last could not intervene, the deciding vote will follow the rule of seniority, starting with the most senior judge at least old to find the necessary majority for the resolution of the case.
The deciding vote is only application to resolve processes of a jurisdictional nature.
Article 119. Correction of defects, in the procedure
The Court, before pronouncing judgment, ex officio or at the request of a party, you must make good any defect of the procedure in which they are incurred.
Article 120. Depletion of national jurisdiction
The resolution of the Constitutional Court for a ruling on the merits exhausted the limits of national jurisdiction. Not applicable constitutional process any against the decisions and judgments of the Constitutional Court.
Article 121. Character inimpugnable of the judgments of the Constitutional Court
The judgments of the Constitutional Court there is no challenge whatsoever. In the period of two days from its publication or notification in the case of the resolutions relapses in the processes of unconstitutionality, the Court, ex officio or at the request of a party, may clarify some concepts, or to cure any material error or omission in that have been incurred.
These resolutions must be issued, without further ado, the second day of made the request.
Contrary to the decrees and orders issued by the Court, only applicable in your case, the motion for reconsideration before the Court. The appeal can be lodged within three days from its notification. Is resolved in the next two days.
The foregoing does not affect the right of recourse to the courts or bodies constituted under treaties to which Peru is a party.
TITLE VIII:INTERNATIONAL JURISDICTION
Article 122. Competent international bodies
For the purposes of the provisions of article 205 of the Constitution, the international agencies that you can go to any person who considers that his rights recognized by the Constitution or the treaties on human rights ratified by the peruvian State, are: the Human Rights Committee of the United Nations, the inter-American Commission on Human Rights of the Organization of American States, and those others that are set in the future and which are approved by treaties that oblige to Peru.
Article 123. Enforcement of judgments
The resolutions of the jurisdictional bodies to whose jurisdiction has been expressly submitted to the peruvian State does not require, for their validity and effectiveness, recognition, review, or review a previous one. Such decisions are communicated by the Ministry of Foreign Affairs, the president of the Judicial Power, which, in turn, refers to the Court where the exhaustion of the domestic jurisdiction, and has its execution by the competent judicial authority, in accordance with the provisions in the laws that regulate the procedure for the execution of judgments issued by supranational courts.
Article 124. Obligation to provide documents and information
The Supreme Court of Justice of the Republic and the Constitutional Court must send to the bodies referred to in article 122, the laws, resolutions and other documents performed in the process or processes that originated the request, as well as any other item which in the opinion of the international atomic necessary for your illustration or to better resolve the matter submitted to its jurisdiction.
Artículo 52-A. Procedimiento especial
El trámite de la demanda de amparo donde se cuestione el ejercicio de atribuciones exclusivas y excluyentes del Congreso de la República referidas a la elección, designación, ratificación y remoción de altos funcionarios, así como las vinculadas al juicio y antejuicio político, y a la vacancia y suspensión presidencial, se sujetan a las siguientes disposiciones:
(a) La demanda la interpone el titular del derecho directamente afectado que invoque la vulneración del debido proceso;
(b) En primera instancia la demanda es de conocimiento de la sala constitucional, quien adopta todas sus decisiones con tres votos conformes; debiendo resolverse en un plazo máximo de 60 días hábiles desde la presentación de la demanda;
c) El recurso de apelación se interpone ante la misma sala y se concede con efecto suspensivo;
d) La Sala Constitucional y Social de la Corte Suprema de la República resuelve la apelación, y adopta decisiones con cuatro votos conformes;
(e) No procede la medida cautelar;
f) No puede prescindirse de la audiencia única; y,
g) No procede la actuación inmediata de sentencia.
Este procedimiento especial tiene trámite preferente y urgente en todas las instancias dentro de los plazos máximos establecidos, bajo responsabilidad funcional.(*)
(*) Artículo modificado por la Ley N.° 32153, publicada el 5 de noviembre de 2024 (link: https://esford.pe/wp-content/uploads/2024/11/LEY-32153.pdf)
DISPOSICIONES COMPLEMENTARIAS FINALES
FIRST. Validity of rules
The procedural rules provided for in this code are of immediate application, even to the processes in the pipeline. However, it will continue to be governed by the rule above: the rules of the competition, the media impugnatorios brought, the procedural acts with the principle of execution and the time limits that would have begun.
SECOND. Judges
In the jurisdictional districts of the Judicial Power where there are no judges and no rooms constitutional, processes of amparo, habeas data and compliance are the responsibility of the specialized courts in civil or mixed, as applicable, and, in the second instance, the civil divisions thereof.
In the processes of habeas corpus jurisdiction is vested in the judges of preparatory research and, in second instance, in the halls of appeals, respectively.
THIRD. Publication of judgments
The final judgments and decisions explanatory of the same, relapses in the constitutional processes must be submitted, within forty-eight (48) hours following the date of its issuance, the official journal El Peruano for his free publication, within ten days of referral.
Sentences relapses in the process of unconstitutionality, the process of competence and the people's action is published in the official gazette within three days following receipt of the transcript sent to the corresponding organ. In his absence, the president of the Court orders it to be published in one of the largest-circulation daily, without prejudice to the responsibilities to which it is entitled.
When the sentences are about standards, regional or municipal, in addition to the publication referred to in the preceding paragraph, the Court ordered the publication in the journal where it was published the legal notices of the respective constituency. In places where there is not a journal that you publish legal notices, the sentence is given to know, besides that of its publication in the official gazette or national circulation, through signs posted in public places.
FOURTH. Waiver of court fees
The constitutional processes are exempted from payment of court fees, with the exception of amparo proceedings against a judgment, arbitration award or parliamentary process filed by legal entities with for-profit.
FIFTH. Effect of the reforms
The reforms to the Code of Constitutional Procedure enter into force on the day following that of its publication in the official journal El Peruano.
DISPOSICIÓN COMPLEMENTARIA TRANSITORIA
UNIQUE. Determination of judges and constitutional sections
The Executive Council of the Judiciary determines gradually and according to the possibilities budgetary and infrastructure, the judges and constitutional sections for appointment by the National Board of Justice.
DISPOSICIÓN COMPLEMENTARIA DEROGATORIA
UNIQUE. Repeal of the Law 28237, Code of criminal Procedure Constitutional
Harbor Law 28237, Code of Constitutional Procedure.
DISPOSICIÓN COMPLEMENTARIA FINAL
ÚNICA. Procesos en trámite
Los procesos constitucionales iniciados antes de la entrada en vigor de la presente ley se tramitan de conformidad con las reglas procesales vigentes cuando iniciaron, hasta su culminación, con excepción de las causas que se encuentran en trámite en el Tribunal Constitucional cuyo caso es de aplicación inmediata.(*)
(*) Artículo complementario integrado por la Ley N.° 32153, publicada el 5 de noviembre de 2024 (link: https://esford.pe/wp-content/uploads/2024/11/LEY-32153.pdf)
THEREFORE:
Having been reconsidered the Law by the Congress of the Republic, insisting on the text adopted on the session of the Plenum made the twenty-first day of may, two thousand twenty-one, in accordance with the provisions of article 108 of the Political Constitution of Peru, ordered publication and stick to it.
In Lima, on the twenty-one days in the month of July, two thousand twenty-one.
MIRTHA ESTHER VASQUEZ CHUQUILIN
President. i. the Congress of the Republic
LUIS ANDRÉS ROEL ALVA
Segundo Vicepresidente del Congreso de la República
ING 
ESP