Political Constitution of Peru,
Political Constitution of Peru, updated to February 2021.
Promulgation date: December 29, 1993.
Publication date: December 30, 1993.
Effective Date: December 31, 1993.
The Democratic Constituent Congress, invoking Almighty God, obeying the mandate of the Peruvian people and remembering the sacrifice of all the generations that have preceded us in our Homeland, has resolved to issue the following Constitution:
OF THE PERSON AND OF THE COMPANY
FUNDAMENTAL RIGHTS OF THE PERSON
Article 1.- Defense of the human person
The defense of the human person and respect for their dignity are the supreme goal of society and the State.
Article 2.- Fundamental rights of the person
Everyone has the right:
1. To life, to their identity, to their moral, mental and physical integrity and to their free development and well-being. The conceived person is a subject of law in everything that favors him.
2. To equality before the law. No one should be discriminated against for reasons of origin, race, sex, language, religion, opinion, economic condition or of any other nature.
3. To freedom of conscience and religion, individually or in association. There is no persecution because of ideas or beliefs. There is no crime of opinion. The public exercise of all confessions is free, as long as it does not offend morals or alter public order.
4. To the freedoms of information, opinion, expression and dissemination of thought through oral or written word or image, by any means of social communication, without prior authorization or censorship or any impediment, under the responsibilities of law.
Crimes committed through the book, the press and other means of social communication are classified in the Penal Code and are tried in the common jurisdiction.
Any action that suspends or closes any organ of expression or prevents it from circulating freely is a crime. The rights to inform and express opinions include those to found the media.
5. To request the information it requires without expression of cause and to receive it from any public entity, within the legal term, at the cost involved in the request. Information that affects personal privacy and those that are expressly excluded by law or for national security reasons are excepted.
The bank secrecy and the tax reserve can be lifted at the request of the Judge, the Attorney General, or an investigative commission of Congress in accordance with the law and provided that they refer to the case under investigation.
6. That the information services, computerized or not, public or private, do not provide information that affects personal and family privacy.
7. To honor and good reputation, to personal and family privacy as well as to one's own voice and image.
Any person affected by inaccurate or aggrieved statements in any social communication medium has the right to have it rectified free of charge, immediately and proportionally, without prejudice to the responsibilities of the law.
8. To the freedom of intellectual, artistic, technical and scientific creation, as well as the ownership of said creations and their product. The State fosters access to culture and encourages its development and dissemination.
9. To the inviolability of the home. No one may enter it or carry out investigations or searches without the authorization of the person who inhabits it or without a court order, except in flagrante delicto or very serious danger of its perpetration. Exceptions for reasons of health or serious risk are regulated by law.
10. To the secrecy and inviolability of your private communications and documents.
Communications, telecommunications or their instruments can only be opened, seized, intercepted or intervened by reasoned order of the judge, with the guarantees provided by law. It is kept secret from matters unrelated to the fact that motivates its examination.
Private documents obtained in violation of this precept have no legal effect.
The books, vouchers and accounting and administrative documents are subject to inspection or supervision by the competent authority, in accordance with the law. The actions taken in this regard cannot include their theft or seizure, except by court order.
11. To choose their place of residence, to transit through the national territory and to leave and enter it, except for limitations due to health reasons or by judicial order or by application of the immigration law.
12. To assemble peacefully without weapons. Meetings in private premises or open to the public do not require prior notice. Those that are convened in public squares and roads require advance notice to the authority, which can prohibit them only for proven reasons of security or public health.
13. To associate and establish foundations and various forms of non-profit legal organization, without prior authorization and in accordance with the law. They can not be dissolved by administrative decision.
14. To contract for lawful purposes, provided that public order laws are not violated.
15. To work freely, subject to the law.
16. To property and inheritance.
17. To participate, individually or in association, in the political, economic, social and cultural life of the Nation. Citizens have, according to law, the rights of election, removal or revocation of authorities, legislative initiative and referendum.
18. To keep confidential their political, philosophical, religious or any other kind of convictions, as well as to keep professional secrecy.
19. To their ethnic and cultural identity. The State recognizes and protects the ethnic and cultural plurality of the Nation.
Every Peruvian has the right to use his own language before any authority through an interpreter. Foreigners have the same right when summoned by any authority.
20. To formulate requests, individually or collectively, in writing before the competent authority, which is obliged to give the interested party a response also in writing within the legal term, under responsibility.
Members of the Armed Forces and the National Police can only individually exercise the right to petition.
21. Your nationality. Nobody can be removed from her. Nor can he be deprived of the right to obtain or renew his passport within or outside the territory of the Republic.
22. To peace, to tranquility, to the enjoyment of free time and rest, as well as to enjoy a balanced and appropriate environment for the development of your life.
23. To legitimate defense.
24. To personal liberty and security. Consequently:
to. No one is obliged to do what the law does not command, or prevented from doing what it does not prohibit.
b. No form of restriction of personal freedom is allowed, except in the cases provided by law. Slavery, servitude and human trafficking in any of its forms are prohibited.
c. There is no prison for debt. This principle does not limit the court order for breach of maintenance duties.
d. No one will be prosecuted or sentenced for an act or omission that at the time of being committed is not previously qualified by law, expressly and unequivocally, as a punishable offense; nor punished with a penalty not provided for in the law.
and. Every person is considered innocent as long as their responsibility has not been judicially declared.
F. No one can be detained except by written and motivated order of the judge or by the police authorities in case of flagrante delicto. The detention will not last longer than the time strictly necessary to carry out the investigations and, in any case, the detainee must be made available to the corresponding court, within a maximum period of forty-eight hours or within the distance.
These deadlines do not apply to cases of terrorism, espionage, illicit drug trafficking and crimes committed by criminal organizations. In such cases, the police authorities may carry out the preventive detention of the alleged implicated persons for a period not exceeding fifteen calendar days. They must report to the Public Ministry and the judge, who can assume jurisdiction before the expiration of said term.
g. No one may be held incommunicado except in the case that is essential for the clarification of a crime, and in the manner and for the time provided by law. The authority is obliged under responsibility to indicate, without delay and in writing, the place where the person is detained.
h. No one should be the victim of moral, mental or physical violence, or subjected to torture or inhuman or humiliating treatment. Anyone can immediately request a medical examination of the aggrieved person or of that person who is unable to resort to the authority on his own. There is no value in declarations obtained by violence. Whoever uses it incurs responsibility.
Article 3.- Constitutional Rights. Numerus apertus
The enumeration of the rights established in this chapter does not exclude the others that the Constitution guarantees, nor others of a similar nature or that are based on the dignity of man, or on the principles of sovereignty of the people, of the democratic State of law and of the republican form of government.
OF SOCIAL AND ECONOMIC RIGHTS
Article 4.- Protection of the family. Promotion of marriage
The community and the State especially protect children, adolescents, mothers and the elderly in situations of abandonment. They also protect the family and promote marriage. They recognize the latter as natural and fundamental institutes of society.
The form of marriage and the causes of separation and dissolution are regulated by law.
Article 5.- Cohabitation
The stable union of a man and a woman, free from marital impediment, that form a common household, gives rise to a community of property subject to the community property regime as applicable.
Article 6.- National Population Policy. Responsible fatherhood and motherhood. Equality of children
The objective of the national population policy is to disseminate and promote responsible fatherhood and motherhood . It recognizes the right of families and individuals to decide.
In this sense, the State ensures adequate education and information programs and access to the media, which do not affect life or health.
It is the duty and right of parents to feed, educate and provide security for their children. Children have a duty to respect and assist their parents.
All children have equal rights and duties. Any mention of the marital status of the parents and of the nature of the parentage in the civil registries and in any other identity document is prohibited.
Article 7.- Right to health. Protection of the disabled
Everyone has the right to the protection of their health, that of the family environment and that of the community, as well as the duty to contribute to its promotion and defense. The person incapable of looking after himself due to a physical or mental deficiency has the right to respect for his dignity and to a legal regime of protection, care, rehabilitation and security.
Article 7-A.- The State recognizes the right of everyone to have progressive and universal access to drinking water. The State guarantees this right by prioritizing human consumption over other uses.
The State promotes the sustainable management of water, which is recognized as an essential natural resource and as such, constitutes a public good and patrimony of the Nation. Its domain is inalienable and imprescriptible.
Article 8.- Repression of illicit drug trafficking
The State fights and penalizes illicit drug trafficking. Likewise, it regulates the use of social toxins.
Article 9.- National Health Policy
The State determines the national health policy. The Executive Branch regulates and supervises its application. It is responsible for designing and conducting it in a plural and decentralizing manner to facilitate equitable access to health services for all.
Article 10.- Right to social security
The State recognizes the universal and progressive right of every person to social security, for their protection against the contingencies required by law and for the improvement of their quality of life.
Article 11.- Free access to health benefits and pensions
The State guarantees free access to health benefits and pensions, through public, private or mixed entities. Likewise, supervise its effective function.
The law establishes the entity of the National Government that administers the pension regimes in charge of the State.
Article 12.- Social security funds
Social security funds and reserves are intangible. Resources are applied in the manner and under the responsibility indicated by law.
Article 13.- Education and freedom of teaching
Education is aimed at the integral development of the human person. The State recognizes and guarantees the freedom of education. Parents have the duty to educate their children and the right to choose educational centers and to participate in the educational process.
Article 14.- Education for life and work. Social media
Education promotes the knowledge, learning and practice of the humanities, science, technology, the arts, physical education and sports. It prepares for life and work and fosters solidarity.
It is the duty of the State to promote the scientific and technological development of the country.
Ethical and civic training and the teaching of the Constitution and human rights are mandatory throughout the civil or military educational process. Religious education is taught with respect for the freedom of conscience.
Teaching is provided, at all levels, subject to constitutional principles and the purposes of the corresponding educational institution.
The means of social communication must collaborate with the State in education and in moral and cultural training.
Article 15.- Teaching staff, public career
Teachers in official education are public careers. The law establishes the requirements to perform as a director or teacher of an educational center, as well as their rights and obligations. The State and society seek their permanent evaluation, training, professionalization and promotion.
The student has the right to training that respects his identity, as well as good psychological and physical treatment.
Every person, natural or legal, has the right to promote and conduct educational institutions and to transfer their ownership, in accordance with the law.
Article 16.- Decentralization of the educational system
Both the educational system and regime are decentralized.
The State coordinates educational policy. It formulates the general guidelines of the study plans as well as the minimum requirements of the organization of educational centers.
Monitors compliance and quality of education.
It is the duty of the State to ensure that no one is prevented from receiving adequate education by reason of their economic situation or of mental or physical limitations.
Education is a fundamental human right that guarantees the development of the person and society, which is why the State annually invests no less than 6% of GDP. *
* Amended by Law 31097, published on December 29, 2020.
Article 17.- Obligatory nature of initial, primary and secondary education
Initial, primary and secondary education are compulsory. In state institutions, education is free. In public universities, the State guarantees the right to free education to students who maintain satisfactory performance and do not have the necessary financial resources to cover education costs.
In order to guarantee the greatest plurality of the educational offer, and in favor of those who cannot afford their education, the law establishes the way to subsidize private education in any of its modalities, including communal and cooperative.
The State promotes the creation of educational centers where the population requires them.
The State guarantees the eradication of illiteracy. It also promotes bilingual and intercultural education, according to the characteristics of each area. Preserves the various cultural and linguistic manifestations of the country. It promotes national integration.
Article 18.- University education
University education aims at professional training, cultural diffusion, intellectual and artistic creation, and scientific and technological research. The State guarantees academic freedom and rejects intolerance.
Universities are promoted by private or public entities. The law establishes the conditions to authorize its operation.
The university is the community of professors, students and graduates. The promoters' representatives participate in it, in accordance with the law.
Each university is autonomous in its regulatory, government, academic, administrative and economic regime. Universities are governed by their own statutes within the framework of the Constitution and the laws.
Article 19.- Tax regime of education centers
Universities, higher institutes and other educational centers constituted in accordance with the legislation on the matter enjoy the unaffection of all direct and indirect taxes that affect the goods, activities and services of their educational and cultural purpose.
In the matter of import tariffs, a special regime of affectation for certain goods can be established.
Donations and scholarships for educational purposes will enjoy tax exemption and benefits in the manner and within the limits established by law.
The law establishes the control mechanisms to which the aforementioned institutions are subject, as well as the requirements and conditions that must be met by cultural centers that, by way of exception, can enjoy the same benefits.
For private educational institutions that generate income that by law are classified as profits, the application of income tax can be established.
Article 20.- Professional associations
The professional associations are autonomous institutions with personality of public law. The law specifies the cases in which membership is compulsory.
Article 21.- Cultural Heritage of the Nation
The archaeological sites and remains, constructions, monuments, places, bibliographic and archival documents, artistic objects and testimonies of historical value, expressly declared cultural assets, and provisionally those that are presumed as such, are cultural heritage of the Nation, regardless of their status. status of private or public property. They are protected by the state.
The law guarantees the ownership of said patrimony.
It promotes, according to law, private participation in the conservation, restoration, exhibition and dissemination of the same, as well as its restitution to the country when it has been illegally transferred out of the national territory.
Article 22.- Protection and promotion of employment
Work is a duty and a right. It is the basis of social welfare and a means of personal fulfillment.
Article 23.- The State and work
Work, in its various forms, is the object of priority attention of the State, which especially protects the mother, the minor and the disabled who work.
The State promotes conditions for social and economic progress, especially through policies to promote productive employment and education for work.
No labor relationship can limit the exercise of constitutional rights, or ignore or lower the dignity of the worker.
No one is obliged to do work without pay or without their free consent.
Article 24.- Workers' rights
The worker has the right to an equitable and sufficient remuneration, which seeks, for him and his family, material and spiritual well-being.
The payment of the worker's remuneration and social benefits has priority over any other obligation of the employer.
Minimum wages are regulated by the State with the participation of representative organizations of workers and employers.
Article 25.- Ordinary working hours
The ordinary working day is eight hours a day or forty-eight hours a week, maximum. In the case of cumulative or atypical days, the average hours worked in the corresponding period cannot exceed said maximum.
Workers have the right to paid weekly and annual rest. Their enjoyment and compensation are regulated by law or by agreement.
Article 26.- Principles that regulate the employment relationship
The following principles are respected in the employment relationship:
1. Equal opportunities without discrimination.
2. The inalienable nature of the rights recognized by the Constitution and the law.
3. Interpretation favorable to the worker in case of insurmountable doubt about the meaning of a rule.
Article 27.- Protection of the worker against arbitrary dismissal
The law grants the worker adequate protection against arbitrary dismissal.
Article 28.- Collective rights of the worker. Right to organize, collective bargaining and the right to strike
The State recognizes the rights to organize, collective bargaining and strike. Be careful with their democratic exercise:
1. Guarantees freedom of association.
2. Encourages collective bargaining and promotes forms of peaceful resolution of labor disputes.
The collective agreement has binding force in the area of what has been agreed.
3. Regulates the right to strike so that it is exercised in harmony with the social interest. Point out its exceptions and limitations.
Article 29.- Participation of workers in profits
The State recognizes the right of workers to participate in the profits of the company and promotes other forms of participation.
OF POLITICAL RIGHTS AND DUTIES
Article 30.- Requirements for citizenship
Peruvians over eighteen years of age are citizens. Voter registration is required for the exercise of citizenship.
Article 31.- Citizen participation in public affairs
Citizens have the right to participate in public affairs by referendum; legislative initiative; removal or revocation of authorities and demand for accountability. They also have the right to be elected and to freely elect their representatives, in accordance with the conditions and procedures determined by organic law.
It is the right and duty of the neighbors to participate in the municipal government of their jurisdiction. The law regulates and promotes the direct and indirect mechanisms of their participation.
Citizens have the right to vote in enjoyment of their civil capacity. To exercise this right, it is required to be registered in the corresponding registry.
The vote is personal, equal, free, secret and obligatory up to the age of seventy. It is optional after that age.
The law establishes the mechanisms to guarantee state neutrality during electoral processes and citizen participation.
Any act that prohibits or limits citizens from exercising their rights is void and punishable.
Article 32.- Popular consultation by referendum. Exceptions
They can be submitted to a referendum:
1. The total or partial reform of the Constitution;
2. The approval of norms with the force of law;
3. Municipal ordinances; and
4. Matters related to the decentralization process.
The suppression or diminution of the fundamental rights of the person, nor the fiscal and budgetary norms, nor the international treaties in force, cannot be submitted to a referendum.
Article 33.- Suspension of the exercise of citizenship
The exercise of citizenship is suspended:
1. By judicial resolution of interdiction.
2. By sentence with deprivation of liberty.
3. By sentence with disqualification of political rights.
Article 34.- Armed Forces and Police Forces
Members of the Armed Forces and the National Police have the right to vote and citizen participation, regulated by law. They cannot run for popularly elected positions, participate in party activities or demonstrations, or carry out acts of proselytism, while they have not passed into retirement, according to the law.
Article 34-A. People on whom a conviction issued in the first instance falls, as authors or accomplices, for the commission of intentional crime, are prevented from running for popularly elected positions. *
* Article incorporated by Law 31043, published on September 15, 2020.
Article 35.- Political Organizations
Citizens can exercise their rights individually or through political organizations such as parties, movements or alliances, in accordance with the law. Such organizations concur to the formation and manifestation of the popular will. Their registration in the corresponding registry grants them legal personality.
The law establishes provisions aimed at ensuring the democratic functioning of political organizations and transparency regarding the origin of their economic resources, as well as their verification, supervision, control and sanction.
The financing of political organizations can be public and private. It is governed by law according to criteria of transparency and accountability. Public financing promotes the participation and strengthening of political organizations under criteria of equality and proportionality. Private financing is carried out through the financial system with the corresponding exceptions, caps and restrictions. Illegal financing generates the respective administrative, civil and criminal sanction.
The dissemination of electoral propaganda in radio and television media is only authorized through indirect public financing.
Article 36.- Political asylum
The State recognizes political asylum. Accepts the qualification of the asylee granted by the asylum government. In the event of expulsion, the asylee is not handed over to the country whose government is persecuting him.
Article 37.- Extradition
Extradition is only granted by the Executive Power following a report from the Supreme Court, in compliance with the law and the treaties, and according to the principle of reciprocity.
Extradition is not granted if it is considered that it has been requested for the purpose of persecuting or punishing on the grounds of religion, nationality, opinion or race.
Those persecuted for political crimes or for acts related to them are excluded from extradition. Genocide, assassination and terrorism are not considered such.
Article 38.- Duties towards the homeland
All Peruvians have the duty to honor Peru and protect national interests, as well as to respect, comply with and defend the Constitution and the legal system of the Nation.
OF THE PUBLIC FUNCTION
Article 39.- Public officials and workers
All public officials and workers are at the service of the Nation. The President of the Republic has the highest hierarchy in the service of the Nation and, in that order, the representatives to Congress, ministers of State, members of the Constitutional Court and the Council of the Magistracy, the supreme magistrates, the Public Prosecutor of the Nation and the Ombudsman, in the same category; and the representatives of decentralized organizations and mayors, according to law.
Article 39-A. Persons on whom a conviction issued in the first instance, as perpetrators or accomplices, for the commission of intentional crime, are prevented from exercising public function, by appointment to positions of trust. *
* Article incorporated by Law 31043, published on September 15, 2020.
Article 40.- Administrative Career
The law regulates entry to the administrative career, and the rights, duties and responsibilities of public servants. Officials who hold political or trust positions are not included in this career. No civil servant or public servant may hold more than one paid public job or position, with the exception of one more per teaching function.
The workers of State companies or mixed economy companies are not included in the public function.
Periodic publication in the official gazette of the income received by senior officials and other public servants as established by law, by virtue of their positions, is mandatory for all reasons.
Article 41.- Affidavit of assets and income
The civil servants and public servants that the law indicates or that administer or handle funds of the State or of organisms supported by it must make a sworn declaration of assets and income when taking possession of their positions, during their exercise and when leaving them. The respective publication is made in the official gazette in the manner and conditions established by law.
When illicit enrichment is presumed, the Public Prosecutor, by complaint of third parties or ex officio, files charges before the Judicial Power.
The law establishes the responsibility of public officials and servants, as well as the term of their disqualification from public service.
The statute of limitations for criminal action is doubled in the case of crimes committed against the Public Administration or State assets, both for civil servants or public servants and for individuals. The criminal action is imprescriptible in the most serious cases, in accordance with the principle of legality.
Article 42.- Rights to organize and strike public servants
The rights to organize and strike public servants are recognized. State officials with decision-making power and those who hold positions of trust or leadership, as well as members of the Armed Forces and the National Police, are not included.
OF THE STATE AND THE NATION
OF THE STATE, THE NATION AND THE TERRITORY
Article 43.- Democratic state of law. Form of Government
The Republic of Peru is democratic, social, independent and sovereign.
The State is one and indivisible.
Its government is unitary, representative and decentralized, and is organized according to the principle of the separation of powers.
Article 44.- Duties of the State
The primary duties of the State are: to defend national sovereignty; guarantee the full validity of human rights; protect the population from threats to their security; and promote the general well-being that is based on justice and the integral and balanced development of the Nation.
Likewise, it is the duty of the State to establish and execute border policy and promote integration, particularly in Latin America, as well as the development and cohesion of border areas, in accordance with foreign policy.
Article 45.- Exercise of the power of the State
The power of the state emanates from the people. Those who exercise it do so with the limitations and responsibilities that the Constitution and the laws establish.
No person, organization, Armed Forces, National Police or sector of the population can claim the exercise of that power. Doing so constitutes rebellion or sedition.
Article 46.- Usurper Government. Insurgency right
No one owes obedience to a usurping government, or to those who assume public functions in violation of the Constitution and the laws.
The civilian population has the right of insurgency in defense of the constitutional order.
The acts of those who employ public functions are null.
Article 47.- Judicial Defense of the State
The defense of the interests of the State is in charge of the Public Prosecutors in accordance with the law. The State is exempt from paying legal expenses.
Article 48.- Official languages
Spanish are official languages and, in areas where they predominate, so are Quechua, Aymara and other aboriginal languages, according to the law.
Article 49.- Capital of the Republic of Peru and symbols of the Homeland
The capital of the Republic of Peru is the city of Lima. Its historical capital is the city of Cusco.
The symbols of the Homeland are the flag of three vertical stripes with the colors red, white and red, and the shield and the national anthem established by law.
Article 50.- State, Catholic Church and other confessions
Within a regime of independence and autonomy, the State recognizes the Catholic Church as an important element in the historical, cultural and moral formation of Peru, and lends its collaboration to it.
The State respects other confessions and can establish forms of collaboration with them.
Article 51.- Supremacy of the Constitution
The Constitution prevails over all legal norms; the law, on the norms of lower hierarchy, and so on. Advertising is essential for the validity of all State regulations.
Article 52.- Nationality
Peruvians by birth are those born in the territory of the Republic. So are those born abroad of a Peruvian father or mother, registered in the corresponding registry, according to law.
Article 53.- Acquisition and renunciation of nationality
The law regulates the ways in which nationality is acquired or recovered.
Peruvian nationality is not lost, except by express resignation before the Peruvian authority.
Article 54.- Territory, sovereignty and jurisdiction
The territory of the State is inalienable and inviolable. It includes the soil, the subsoil, the maritime domain, and the airspace that covers them.
The maritime domain of the State comprises the sea adjacent to its coasts, as well as its bed and subsoil, up to a distance of two hundred nautical miles measured from the baselines established by law.
In its maritime domain, the State exercises sovereignty and jurisdiction, without prejudice to the freedoms of international communication, in accordance with the law and with the treaties ratified by the State.
The State exercises sovereignty and jurisdiction over the airspace that covers its territory and the adjacent sea up to the limit of two hundred miles, without prejudice to the freedoms of international communication, in accordance with the law and with the treaties ratified by the State.
OF THE TREATIES
Article 55.- Treaties
Treaties entered into by the State and in force form part of national law.
Article 56.- Approval of treaties
Treaties must be approved by Congress before their ratification by the President of the Republic, provided that they deal with the following matters:
1. Human Rights.
2. Sovereignty, dominion or integrity of the State.
3. National Defense.
4. Financial obligations of the State.
Treaties that create, modify or suppress taxes must also be approved by Congress; those that require modification or repeal of any law and those that require legislative measures for its execution.
Article 57.- Executive treaties
The President of the Republic may celebrate or ratify treaties or adhere to them without the requirement of the prior approval of Congress in matters not contemplated in the preceding article. In all such cases, you must account to Congress.
When the treaty affects constitutional provisions, it must be approved by the same procedure that governs the reform of the Constitution, before being ratified by the President of the Republic.
The denunciation of the treaties is the authority of the President of the Republic, in charge of reporting to Congress. In the case of treaties subject to approval by Congress, the complaint requires its prior approval.
OF THE ECONOMIC REGIME
Article 58.- Social Market Economy
Private initiative is free. It is exercised on a social market economy. Under this regime, the State guides the development of the country, and acts mainly in the areas of promoting employment, health, education, security, public services and infrastructure.
Article 59.- Economic Role of the State
The State stimulates the creation of wealth and guarantees freedom of work and freedom of business, commerce and industry. The exercise of these freedoms must not be harmful to morals, health, or public safety . The State offers opportunities for improvement to sectors that suffer from any inequality; In this sense, it promotes small businesses in all its forms.
Article 60.- Economic pluralism
The State recognizes economic pluralism. The national economy is sustained by the coexistence of various forms of property and business.
Only authorized by express law, the State can carry out direct or indirect entrepreneurial activity, for reasons of high public interest or of manifest national convenience.
Business activity, public or non-public, receives the same legal treatment.
Article 61.- Free competition
The State facilitates and monitors free competition. Combat any practice that limits it and the abuse of dominant or monopolistic positions. No law or concertation may authorize or establish monopolies.
The press, radio, television and other means of expression and social communication; and, in general, companies, goods and services related to freedom of expression and communication, cannot be the object of exclusivity, monopoly or monopoly, directly or indirectly, by the State or individuals.
Article 62.- Freedom to contract
The freedom to contract guarantees that the parties can validly agree according to the regulations in force at the time of the contract. The contractual terms cannot be modified by laws or other provisions of any kind. Conflicts arising from the contractual relationship are only resolved through arbitration or court, according to the protection mechanisms provided for in the contract or contemplated by law.
Through law-contracts, the State can establish guarantees and grant assurances. They cannot be legislatively modified, without prejudice to the protection referred to in the preceding paragraph.
Article 63.- National and foreign investment
National and foreign investment are subject to the same conditions. The production of goods and services and foreign trade are free. If another country or countries adopt protectionist or discriminatory measures that harm the national interest, the State may, in defense of the latter, adopt similar measures.
In all contracts of the State and of the public law persons with domiciled foreigners, it is stated that they are subject to the laws and jurisdictional bodies of the Republic and their waiver of all diplomatic claims. Financial contracts may be exempted from national jurisdiction.
The State and other public law persons may submit disputes arising from a contractual relationship to courts constituted by virtue of treaties in force. They can also submit them to national or international arbitration, in the manner provided by law.
Article 64.- Holding and disposition of foreign currency
The State guarantees the free possession and disposal of foreign currency.
Article 65.- Consumer protection
The State defends the interest of consumers and users. For this purpose, it guarantees the right to information about the goods and services that are available to you in the market. It also ensures, in particular, the health and safety of the population.
OF THE ENVIRONMENT AND NATURAL RESOURCES
Article 66.- Natural Resources
Natural, renewable and non-renewable resources are the patrimony of the Nation. The State is sovereign in its use.
By organic law, the conditions of its use and its granting to individuals are established. The concession grants its holder a real right, subject to said legal norm.
Article 67.- Environmental Policy
The State determines the national environmental policy. Promotes sustainable use of natural resources.
Article 68.- Conservation of biological diversity and protected natural areas
The State is obliged to promote the conservation of biological diversity and protected natural areas.
Article 69.- Development of the Amazon
The State promotes the sustainable development of the Amazon with adequate legislation.
OF THE PROPERTY
Article 70.- Inviolability of property rights
The property right is inviolable. The State guarantees it. It is exercised in harmony with the common good and within the limits of the law. No one can be deprived of their property except, exclusively, for reasons of national security or public necessity, declared by law, and after payment in cash of just-appreciated compensation that includes compensation for possible damage. There is an action before the Judicial Power to answer the value of the property that the State has indicated in the expropriation procedure.
Article 71.- Property of foreigners
Regarding property, foreigners, whether natural or legal persons, are in the same condition as Peruvians, without, in any case, being able to invoke exception or diplomatic protection.
However, within fifty kilometers of the borders, foreigners cannot acquire or possess by any title, mines, lands, forests, waters, fuels or sources of energy, directly or indirectly, individually or in society, under penalty of losing, for the benefit of the State, the right thus acquired. The case of public necessity expressly declared by supreme decree approved by the Council of Ministers in accordance with the law is excepted.
Article 72.- Restrictions for national security
The law may, only for reasons of national security, temporarily establish specific restrictions and prohibitions for the acquisition, possession, exploitation and transfer of certain assets.
Article 73.- Property of public domain and use
Assets in the public domain are inalienable and imprescriptible. Assets for public use may be granted to individuals in accordance with the law, for their economic use.
OF THE TAX AND BUDGETARY REGIME
Article 74.- Principle of Legality
Taxes are created, modified or repealed, or an exemption is established, exclusively by law or legislative decree in case of delegation of powers, except for tariffs and rates, which are regulated by supreme decree.
Regional Governments and Local Governments may create, modify and suppress contributions and fees, or exempt them, within their jurisdiction, and within the limits established by law. The State, when exercising the tax authority, must respect the principles of reserve of the law, and those of equality and respect for the fundamental rights of the person. No tribute can be of a confiscatory nature.
Budget laws and emergency decrees cannot contain regulations on tax matters. The laws relating to annual taxes are effective as of January 1 of the year following their promulgation.
Tax regulations issued in violation of what is established in this article do not take effect.
Article 75.- Of the public debt
The State only guarantees the payment of the public debt contracted by constitutional governments in accordance with the Constitution and the law.
The operations of internal and external indebtedness of the State are approved according to law.
Municipalities can carry out credit operations charged to their own resources and assets, without requiring legal authorization.
Article 76.- Obligation of the contract and public tender
The works and the acquisition of supplies with the use of public funds or resources are compulsorily executed by contract and public bidding, as well as the acquisition or disposal of goods.
The contracting of services and projects whose importance and amount is indicated by the Budget Law is done by public tender. The law establishes the procedure, the exceptions and the respective responsibilities.
Article 77.- Public budget
The economic and financial administration of the State is governed by the budget approved annually by Congress. The structure of the public sector budget contains two sections: Central Government and decentralized instances.
The budget allocates public resources equitably, its programming and execution respond to the criteria of efficiency of basic social needs and decentralization. According to the law, the respective constituencies are responsible for receiving an adequate share of the total income and income obtained by the State in the exploitation of natural resources in each zone as a canon.
Article 78.- Draft Law on Budget, Indebtedness and Financial Balance
The President of the Republic sends the Budget Bill to Congress within a period that expires on August 30 of each year.
On the same date, it also sends the debt and financial balance bills.
The budget project must be effectively balanced.
Loans from the Central Reserve Bank or the National Bank are not accounted for as tax revenue.
Permanent expenses cannot be covered with loans.
The budget cannot be approved without an item for servicing the public debt.
Article 79.- Restrictions on public spending
Representatives to Congress have no initiative to create or increase public spending, except for their budget.
Congress cannot approve taxes for predetermined purposes, except at the request of the Executive Power.
In any other case, tax laws referring to benefits or exemptions require a prior report from the Ministry of Economy and Finance.
Only by express law, approved by two thirds of the congressmen, can a special tax treatment be selectively and temporarily established for a certain area of the country.
Article 80.- Support of the public budget
The Minister of Economy and Finance supports, before the Plenary of the Congress of the Republic, the income statement. Each minister sustains the specifications of expenditures of his sector; They previously support the results and goals of the budget execution of the previous year and the progress in the execution of the budget of the corresponding fiscal year. The President of the Supreme Court, the Prosecutor of the Nation and the President of the National Elections Jury support the documents corresponding to each institution.
If the autograph of the Budget Law is not sent to the Executive Branch until November 30, the draft of the latter enters into force, which is promulgated by legislative decree.
The supplementary credits, authorizations and transfers of items are processed before the Congress of the Republic as the Budget Law. During the parliamentary recess, they are processed before the Permanent Commission. To approve them, the votes of three fifths of the legal number of its members are required.
Article 81.- The General Account of the Republic
The General Account of the Republic, accompanied by the audit report of the Office of the Comptroller General of the Republic, is sent by the President of the Republic to the Congress of the Republic within a period that expires on August 15 of the year following the execution of the budget. .
The General Account of the Republic is examined and ruled by a review commission until October 15. The Congress of the Republic pronounces within a term that expires on October 30. If there is no pronouncement of the Congress of the Republic within the indicated period, the opinion of the review commission is raised to the Executive Power so that it promulgates a legislative decree that contains the General Account of the Republic.
Office of the Comptroller General of the Republic, is sent by the President of the Republic to the Congress of the Republic within a period that expires on August 15 of the year following the execution of the budget.
The General Account of the Republic is examined and ruled by a review commission until October 15. The Congress of the Republic pronounces within a term that expires on October 30. If there is no pronouncement of the Congress of the Republic within the indicated period, the opinion of the review commission is raised to the Executive Power so that it promulgates a legislative decree that contains the General Account of the Republic.
Article 82.- The Comptroller General of the Republic
The Comptroller General of the Republic is a decentralized entity of Public Law that enjoys autonomy according to its organic law. It is the highest body of the National Control System. It supervises the legality of the execution of the State Budget, of the operations of the public debt and of the acts of the institutions subject to control.
The Comptroller General is appointed by Congress, at the proposal of the Executive Power, for seven years. He can be removed by Congress for serious misconduct.
OF THE CURRENCY AND BANKING
Article 83.- The monetary system
The law determines the monetary system of the Republic. The issuance of banknotes and coins is the exclusive power of the State. It is exercised through the Central Reserve Bank of Peru.
Article 84.- Central Reserve Bank of Peru
The Central Bank is a legal person under public law. It has autonomy within the framework of its Organic Law.
The purpose of the Central Bank is to preserve monetary stability. Its functions are: to regulate the currency and the credit of the financial system, to administer the international reserves under its charge, and the other functions that its organic law indicates.
The Bank informs the country, accurately and periodically, on the state of national finances, under the responsibility of its Board of Directors.
The Bank is prohibited from granting financing to the treasury, except for the purchase, in the secondary market, of securities issued by the Public Treasury, within the limit established by its Organic Law.
Article 85.- International Reserves
The Bank may carry out operations and enter into credit agreements to cover temporary imbalances in the position of international reserves.
It requires authorization by law when the amount of such operations or agreements exceeds the limit indicated by the Public Sector Budget, in charge of reporting to Congress.
Article 86.- Directory of the Central Reserve Bank
The Bank is governed by a seven-member Board of Directors. The Executive Power appoints four, including the President. Congress ratifies it and elects the remaining three, with an absolute majority of the legal number of its members.
All the directors of the Bank are appointed for the constitutional period that corresponds to the President of the Republic. It does not introduce to entity or any particular interest. Congress can remove them for serious misconduct. In case of removal, the new directors complete the corresponding constitutional period.
Article 87.- Superintendency of Banking and Insurance
The State encourages and guarantees savings. The law establishes the obligations and limits of the companies that receive savings from the public, as well as the manner and scope of said guarantee.
The Superintendency of Banking, Insurance and Private Pension Fund Administrators exercises control of banking, insurance, pension fund management companies, others that receive deposits from the public and those others that, by carrying out related operations or similar, determine the law.
The law establishes the organization and functional autonomy of the Superintendency of Banking, Insurance and Private Pension Fund Administrators.
The Executive Branch appoints the Superintendent of Banking, Insurance and Private Pension Fund Administrators for the term corresponding to its constitutional period. Congress ratifies it.
OF THE AGRICULTURAL REGIME AND OF THE PEASANT AND NATIVE COMMUNITIES
Article 88.- Agrarian Regime
The State preferably supports agrarian development. It guarantees the right of ownership over the land, privately or communally or in any other associative way. The law can fix the limits and the extension of the land according to the peculiarities of each zone.
The abandoned lands, according to legal provision, pass into the domain of the State to be awarded for sale.
Article 89.- Peasant and native communities
The Peasant and Native Communities have legal existence and are legal persons.
They are autonomous in their organization, in communal work and in the use and free disposition of their lands, as well as in economic and administrative matters, within the framework established by law. The ownership of their lands is imprescriptible, except in the case of abandonment provided for in the previous article.
The State respects the cultural identity of the Peasant and Native Communities.
OF THE STRUCTURE OF THE STATE
Article 90.- Unicamerality
The Legislative Power resides in the Congress of the Republic, which consists of a single chamber.
The number of congressmen is one hundred and thirty. The Congress of the Republic is elected for a period of five years through an electoral process organized according to law. Candidates for the Presidency of the Republic cannot be on the list of candidates for congressmen. Candidates for vice presidents can simultaneously be candidates for representation in Congress.
To be elected congressman, you must be Peruvian by birth, have reached the age of 25 and have the right to vote.
Article 90-A.- Parliamentarians cannot be re-elected for a new term, immediately, in the same position.
Article 91.- Impediment to be elected congressman
Members of the National Parliament cannot be elected if they have not resigned six (6) months before the election:
1. The ministers and vice ministers of State, the Comptroller General.
2. The members of the Constitutional Court, the National Council of the Magistracy, the Judicial Power, the Public Ministry, the National Elections Jury, nor the Ombudsman.
3. The President of the Central Reserve Bank, the Superintendent of Banking, Insurance and Private Pension Fund Administrators, and the National Superintendent of Tax Administration.
4. Members of the Armed Forces and the National Police in activity, and
5. The other cases that the Constitution provides.
Article 92.- Function and mandate of the congressman. Incompatibilities
The congressman function is full time; He is prohibited from holding any position or exercising any profession or trade, during the hours of operation of the Congress.
The congressman's mandate is incompatible with the exercise of any other public function, except that of Minister of State, and the performance, with prior authorization from Congress, of extraordinary international commissions.
The function of congressman is, likewise, incompatible with the condition of manager, attorney-in-fact, representative, agent, lawyer, majority shareholder or member of the Board of Directors of companies that have works, supply or supply contracts with the State, or that administer income public or provide public services.
The function of congressman is incompatible with similar positions in companies that, during the congressman's mandate, obtain concessions from the State, as well as in companies of the financial credit system supervised by the Superintendency of Banking, Insurance and Private Pension Fund Administrators.
Article 93.- Parliamentary immunity
The congressmen represent the Nation. They are not subject to imperative mandate or interpellation.
They are not responsible before any authority or court for the opinions and votes they cast in the exercise of their functions. The magistrates of the Constitutional Court and the Ombudsman enjoy the same prerogatives as the congressmen.
The prosecution for the commission of common crimes charged to congressmen of the Republic during the exercise of their mandate is the competence of the Supreme Court of Justice.
In case of commission of crimes before assuming the mandate, the ordinary criminal judge is competent. *
* Article modified by the sole article of Law 31118, published on February 6, 2021.
Article 94.- Regulations of the Congress
Congress prepares and approves its Regulations, which have the force of law; elects its representatives in the Permanent Commission and in the other commissions; establishes the organization and powers of parliamentary groups; governs its economy; sanction your budget; appoints and removes its officers and employees, and grants them the benefits that correspond to them according to law.
Article 95.- Irrevocability of the legislative mandate
The legislative mandate is inalienable.
The disciplinary sanctions that Congress imposes on the representatives and that imply suspension of functions cannot exceed one hundred and twenty days of the legislature.
Article 96.- Power to request information from public entities
Any representative to Congress may request the Ministers of State, the National Elections Jury, the Comptroller General, the Central Reserve Bank, the Superintendency of Banking, Insurance and Private Pension Fund Administrators, the Regional and Local Governments and the institutions established by law, the reports it deems necessary.
The request is made in writing and in accordance with the Regulations of the Congress. The lack of response gives rise to the responsibilities of law.
Article 97.- Supervisory function
Congress can initiate investigations on any matter of public interest. It is mandatory to appear, by request, before the commissions in charge of such investigations, under the same constraints that are observed in the judicial procedure.
For the fulfillment of their purposes, said commissions can access any information, which may imply the lifting of banking secrecy and that of the tax reserve; except for information that affects personal privacy. Its conclusions are not binding on the courts.
Article 98.- Inviolability of the parliamentary precinct
The President of the Republic is obliged to make available to Congress the troops of the Armed Forces and the National Police that the President of Congress demands.
The Armed Forces and the National Police cannot enter the Congress premises except with the authorization of their own President.
Article 99.- Accusation for infraction of the Constitution
The Permanent Commission is responsible for accusing before Congress: the President of the Republic; to the representatives to Congress; to the Ministers of State; the members of the Constitutional Court; the members of the National Board of Justice; the members of the Supreme Court; to the supreme prosecutors; to the Ombudsman and the Comptroller General for violation of the Constitution and for any crime they commit in the exercise of their functions and up to five years after they have ceased in these functions.
Article 100.- Constitutional Prejudice
It is up to Congress, without the participation of the Permanent Commission, to suspend or not the accused official or disqualify him from the exercise of public function for up to ten years, or remove him from his function without prejudice to any other responsibility.
The accused has the right, in this process, to defend himself and with the assistance of a lawyer before the Permanent Commission and before the Plenary of Congress.
In the event of an accusatory resolution of criminal content, the Attorney General makes a complaint to the Supreme Court within five days. The Supreme Criminal Vocal opens the corresponding instruction.
The acquittal of the Supreme Court restores the accused his political rights.
The terms of the tax complaint and the order to initiate investigation may not exceed or reduce the terms of the indictment of Congress.
Article 101.- Powers of the Permanent Commission
The members of the Permanent Commission of Congress are elected by it. Their number tends to be proportional to that of the representatives of each parliamentary group and does not exceed 25 percent of the total number of congressmen.
The powers of the Permanent Commission are:
1. Appoint the Comptroller General, at the proposal of the President of the Republic.
2. Ratify the appointment of the President of the Central Reserve Bank and the Superintendent of Banking, Insurance and Private Pension Fund Administrators. "
3. To approve the supplementary credits and the transfers and authorizations of the Budget, during the parliamentary recess.
4. Exercise the delegation of legislative powers that Congress grants it.
Matters relating to constitutional reform, or the approval of international treaties, organic laws, the Budget Law and the Law of the General Account of the Republic cannot be delegated to the Permanent Commission.
5. The others assigned by the Constitution and those indicated by the Regulations of Congress.
Article 102.- Powers of Congress
The powers of Congress are:
1. Give laws and legislative resolutions, as well as interpret, modify or repeal existing ones.
2. Ensure respect for the Constitution and the laws, and provide what is convenient to enforce the responsibility of offenders.
3. Approve the treaties, in accordance with the Constitution.
4. Approve the Budget and the General Account.
5. Authorize loans, in accordance with the Constitution.
6. Exercise the right of amnesty.
7. Approve the territorial demarcation proposed by the Executive Power
8. Provide consent for the entry of foreign troops into the territory of the Republic, provided that it does not affect, in any way, national sovereignty.
9. Authorize the President of the Republic to leave the country.
10. Exercise the other attributions indicated by the Constitution and those that are proper to the legislative function.
OF THE LEGISLATIVE FUNCTION
Article 103.- Special laws, non-retroactivity, repeal and abuse of the right
Special laws may be issued because the nature of things requires it, but not because of the differences of people. The law, from its entry into force, applies to the consequences of existing relationships and legal situations and has no force or retroactive effects; except, in both cases, in criminal matters when it favors the defendant. The law was repealed only by another law. It is also without effect by a sentence that declares its unconstitutionality.
Constitution does not protect the abuse of rights.
Article 104.- Delegation of powers to the Executive Power
Congress may delegate to the Executive Power the power to legislate, through legislative decrees, on the specific matter and for the specified term established in the authoritative law.
Matters that cannot be delegated to the Permanent Commission cannot be delegated.
Legislative decrees are subject, in terms of their promulgation, publication, validity and effects, to the same norms that govern the law.
The President of the Republic reports to Congress or the Permanent Commission of each legislative decree.
Article 105.- Bills of Law
No bill can be sanctioned without having been previously approved by the respective ruling Commission, except for the exception indicated in the Regulations of Congress. The projects sent by the Executive Power as a matter of urgency have preference from Congress.
Article 106.- Organic Laws
Organic laws regulate the structure and operation of state entities provided for in the Constitution, as well as other matters whose regulation by organic law is established in the Constitution.
Organic law projects are processed like any other law. For its approval or modification, the vote of more than half the legal number of members of Congress is required.
OF THE FORMATION AND PROMULGATION OF LAWS
Article 107.- Legislative Initiative
The President of the Republic and the Congressmen have the right to initiative in the formation of laws.
The other powers of the State, autonomous public institutions, Regional Governments, Local Governments and professional associations also have the same right in matters that are their own. Likewise, citizens who exercise the right of initiative in accordance with the law have it.
Article 108.- Promulgation of Laws
The law approved as provided by the Constitution is sent to the President of the Republic for promulgation within a period of fifteen days. In the event of non-promulgation by the President of the Republic, it is promulgated by the President of Congress, or the President of the Permanent Commission, as appropriate.
If the President of the Republic has observations to make on the whole or part of the law approved in Congress, he presents them to it within the aforementioned period of fifteen days.
Once the law is reconsidered by Congress, its President promulgates it, with the vote of more than half the legal number of members of Congress.
Article 109.- Validity and obligation of the Law
The law is mandatory from the day after its publication in the official gazette, unless otherwise provided in the same law that postpones its validity in whole or in part.
Article 110.- The President of the Republic
The President of the Republic is the Head of State and personifies the Nation.
To be elected President of the Republic, it is necessary to be Peruvian by birth, be over thirty-five years of age at the time of nomination, and have the right to vote.
Article 111.- Election of the President of the Republic
The President of the Republic is elected by direct suffrage. The candidate who obtains more than half of the votes is elected. The vicious votes or in white cant be counted.
If none of the candidates obtains an absolute majority, a second election is held, within thirty days following the proclamation of the official counts, among the candidates who have obtained the two highest relative majorities.
Together with the President of the Republic, two vice-presidents are elected in the same way, with the same requirements and for the same term.
Article 112.- Duration of the presidential mandate
The presidential term is five years, there is no immediate reelection. After another constitutional period has elapsed, at least, the former president can run again, subject to the same conditions.
Article 113.- Vacancy of the Presidency of the Republic
The Presidency of the Republic vacated by:
1. Death of the President of the Republic.
2. His permanent moral or physical incapacity, declared by Congress.
3. Acceptance of his resignation by Congress.
4. Leaving the national territory without permission from Congress or not returning to it within the established period.
5. Dismissal, after having been sanctioned for any of the offenses mentioned in article 117 of the Constitution.
Article 114.- Suspension of the exercise of the Presidency
The exercise of the Presidency of the Republic is suspended for:
1. Temporary incapacity of the President, declared by Congress, or
2. It is found to be subject to judicial process, in accordance with article 117 of the Constitution.
Article 115.- Temporary or permanent impediment to the exercise of the Presidency
Due to the temporary or permanent impediment of the President of the Republic, the First Vice President assumes his functions. In the absence of this, the Second Vice President. Due to the impediment of both, the President of Congress. If the impediment is permanent, the President of Congress immediately calls elections.
When the President of the Republic leaves the national territory, the First Vice President is in charge of the office. Failing that, the Second Vice President does.
Article 116.- Assumption of the presidential office
The President of the Republic takes the oath of law and assumes office, before Congress, on July 28 of the year in which the election is held.
Article 117.- Exception to presidential immunity
The President of the Republic can only be accused, during his term, for treason; for preventing presidential, parliamentary, regional or municipal elections; for dissolving Congress, except in the cases provided for in article 134 of the Constitution, and for preventing its meeting or operation, or those of the National Elections Jury and other bodies of the electoral system.
Article 118.- Powers of the President of the Republic
It corresponds to the President of the Republic:
1. Comply with and enforce the Constitution and the treaties, laws and other legal provisions.
2. Represent the State, inside and outside the Republic.
3. Direct the general policy of the Government.
4. To watch over the internal order and the external security of the Republic.
5. Call elections for the President of the Republic and for representatives to Congress, as well as for mayors and councilors and other officials established by law.
6. To summon Congress to an extraordinary legislature; and sign, in that case, the convocation decree.
7. Address messages to Congress at any time and obligatorily, personally and in writing, when the first annual ordinary legislature is installed. The annual messages contain a detailed exposition of the situation of the Republic and the improvements and reforms that the President deems necessary and convenient for consideration by Congress. The messages of the President of the Republic, except for the first one, are approved by the Council of Ministers.
8. Exercise the power to regulate the laws without transgressing or denaturing them; and, within such limits, issue decrees and resolutions.
9. Comply with and enforce the judgments and resolutions of the jurisdictional bodies.
10. Comply with and enforce the resolutions of the National Elections Jury.
11. Direct foreign policy and international relations; and enter into and ratify treaties.
12. Appoint ambassadors and plenipotentiary ministers, with the approval of the Council of Ministers, in charge of reporting to Congress.
13. Receive foreign diplomatic agents, and authorize consuls to exercise their functions.
14. Preside over the National Defense System; and organize, distribute and arrange the employment of the Armed Forces and the National Police.
15. Adopt the necessary measures for the defense of the Republic, the integrity of the territory and the sovereignty of the State.
16. Declare war and sign peace, with the authorization of Congress.
17. Manage the public finances.
18. Negotiate loans.
19. To dictate extraordinary measures, by means of emergency decrees with force of law, in economic and financial matters, when the national interest so requires and in charge of reporting to Congress. Congress may modify or repeal the aforementioned emergency decrees.
20. Regulate tariff rates.
21. Grant pardons and commute sentences. Exercise the right of grace for the benefit of the defendants in cases where the investigation stage has exceeded twice its term plus its extension.
22. Confer decorations on behalf of the Nation, with the agreement of the Council of Ministers.
23. Authorize Peruvians to serve in a foreign army. AND
24. Exercise the other functions of government and administration entrusted to it by the Constitution and the laws.
OF THE COUNCIL OF MINISTERS
Article 119.- Direction and management of Public Services
The direction and management of public services are entrusted to the Council of Ministers; and to each minister in matters that fall within the purview of the portfolio he is in charge of.
Article 120.- Ministerial Endorsement
Acts of the President of the Republic that lack ministerial endorsement are null and void.
Article 121.- Council of Ministers
The ministers, meeting, form the Council of Ministers. The law determines its organization and functions.
The Council of Ministers has its President. It is the responsibility of the President of the Republic to preside over the Council of Ministers when he calls it or when he attends its sessions.
Article 122.- Appointment and removal of the President of the Council of Ministers and other Ministers
The President of the Republic appoints and removes the President of the Council. Appoints and removes the other ministers, at the proposal and with the agreement, respectively, of the President of the Council.
Article 123.- Powers of the President of the Council of Ministers and other Ministers
The President of the Council of Ministers, who can be a minister without a portfolio, is responsible for:
1. Be, after the President of the Republic, the authorized spokesman of the government.
2. Coordinate the functions of the other ministers.
3. Endorse the legislative decrees, the emergency decrees and the other decrees and resolutions that the Constitution and the law indicate.
Article 124.- Requirements to be Minister of State
To be a Minister of State, you must be Peruvian by birth, a practicing citizen, and have reached the age of 25. Members of the Armed Forces and the National Police may be ministers.
Article 125.- Powers of the Council of Ministers
The powers of the Council of Ministers are:
1. Approve the bills that the President of the Republic submits to Congress.
2. To approve the legislative decrees and emergency decrees issued by the President of the Republic, as well as the bills and the decrees and resolutions that the law provides.
3. Deliberate on matters of public interest. AND
4. The others granted by the Constitution and the law.
Article 126.- Agreements of the Council of Minister
Any agreement of the Council of Ministers requires the approval vote of the majority of its members, and is recorded in the minutes.
Ministers cannot exercise any other public function, except the legislative one.
The ministers cannot be managers of their own interests or that of third parties, nor can they exercise profit-making activities, nor can they intervene in the direction or management of companies or private associations.
Article 127.- Charge of the Ministerial Function
There are no interim ministers. The President of the Republic may entrust a minister who, with retention of his portfolio, takes charge of another due to the impediment of the person serving it, without this duty being able to be extended for more than thirty days or transmitted to other ministers.
Article 128.- Responsibility of the Ministers
Ministers are individually responsible for their own acts and for the presidential acts they endorse.
All ministers are jointly and severally liable for criminal acts or violations of the Constitution or of the laws incurred by the President of the Republic or that are agreed in the Council, even if they save their vote, unless they immediately resign.
Article 129.- Concurrence of Ministers to Congress
The full Council of Ministers or individual ministers may attend the sessions of Congress and participate in its debates with the same prerogatives as parliamentarians, except to vote if they are not congressmen.
They also attend when they are invited to report. The President of the Council or at least one of the ministers periodically attends the plenary sessions of the Congress for the question station.
RELATIONS WITH THE LEGISLATIVE POWER
Article 130.- Presentation of the General Government Policy. Question of confidence
Within thirty days of taking office, the President of the Council attends Congress, in the company of the other ministers, to present and debate the general policy of the government and the main measures required by its management. It raises the question of trust.
If Congress is not in session, the President of the Republic calls an extraordinary legislature.
Article 131.- Interpellation to the Ministers
The attendance of the Council of Ministers, or of any of the ministers, is mandatory when Congress calls them to question them.
The interpellation is formulated in writing. It must be presented by no less than fifteen percent of the legal number of congressmen. For its admission, the vote of a third of the number of working representatives is required; voting takes place inevitably in the next session.
Congress sets the day and time for the ministers to answer the interpellation. This cannot be done or voted on before the third day of admission or after the tenth.
Article 132.- Vote of no confidence or rejection of the question of confidence
The Congress makes effective the political responsibility of the Council of Ministers, or of the ministers separately, through the vote of no confidence or the rejection of the question of confidence. The latter is only raised by ministerial initiative.
Every motion of censure against the Council of Ministers, or against any of the ministers, must be presented by no less than twenty-five percent of the legal number of congressmen. It is debated and voted between the fourth and the tenth calendar day after its presentation. Its approval requires the vote of more than half the legal number of members of Congress.
The Council of Ministers, or the censured minister, must resign.
The President of the Republic accepts the resignation within the following seventy-two hours.
The disapproval of a ministerial initiative does not oblige the minister to resign, unless he has made a question of confidence in the approval.
Article 133.- Total crisis of the cabinet
The President of the Council of Ministers may raise a question of confidence before Congress on behalf of the Council. If trust is refused, or if he is censored, or if he resigns or is removed by the President of the Republic, the total crisis of the cabinet occurs.
Article 134.- Dissolution of Congress
The President of the Republic is empowered to dissolve Congress if it has censured or denied its confidence in two Councils of Ministers.
The dissolution decree contains the call for elections for a new Congress. Said elections are held within four months of the dissolution date, without the pre-existing electoral system being altered.
Congress cannot be dissolved in the last year of its mandate. Once the Congress is dissolved, the Permanent Commission remains in office, which cannot be dissolved.
There are no other forms of revocation of the parliamentary mandate.
Under a state of siege, Congress cannot be dissolved.
Article 135.- Installation of the new Congress
Once the new Congress has been assembled, it can censure the Council of Ministers, or deny it the question of trust, after the President of the Council has presented to Congress the acts of the Executive Power during the parliamentary interregnum.
In this interregnum, the Executive Power legislates through emergency decrees, of which it reports to the Permanent Commission for it to examine and raise them to Congress, once it is installed.
Article 136.- Restitution of powers of the dissolved Congress
If the elections are not held within the specified period, the dissolved Congress meets with full rights, regains its powers, and dismisses the Council of Ministers. None of its members may be reappointed as minister for the remainder of the presidential term.
The extraordinarily elected Congress replaces the previous one, including the Permanent Commission, and completes the constitutional period of the dissolved Congress.
Article 137.- States of exception. State of Emergency and State of Siege
The President of the Republic, with the agreement of the Council of Ministers, may decree, for a specified period, throughout the national territory, or in part of it, and reporting to Congress or the Permanent Commission, the states of exception that in this article are contemplated:
1. State of emergency, in case of disturbance of peace or internal order, of catastrophe or of serious circumstances that affect the life of the Nation. In this eventuality, the exercise of constitutional rights relating to personal liberty and security, the inviolability of the home, and the freedom of assembly and transit in the territory included in paragraphs 9, 11 and 12 of article may be restricted or suspended. 2 and in subsection 24, section f of the same article. Under no circumstances can anyone be banished.
The term of the state of emergency does not exceed sixty days. His extension requires a new decree. In a state of emergency, the Armed Forces assume control of internal order if so ordered by the President of the Republic.
2. State of siege, in case of invasion, foreign war, civil war, or imminent danger of their occurrence, with mention of the fundamental rights whose exercise is not restricted or suspended. The corresponding period does not exceed forty-five days. When the state of siege is decreed, Congress meets as a matter of law. The extension requires congressional approval.
POWER OF ATTORNEY
Article 138.- Administration of Justice. Fuzzy control
The power to administer justice emanates from the people and is exercised by the Judicial Power through its hierarchical bodies in accordance with the Constitution and the laws.
In any process, if there is incompatibility between a constitutional norm and a legal norm, the judges prefer the former. Likewise, they prefer the legal norm over any other norm of a lower rank.
Article 139.- Principles of the Administration of Justice
The principles and rights of the jurisdictional function are:
1. The unity and exclusivity of the jurisdictional function.
No independent jurisdiction exists or can be established, with the exception of the military and arbitration.
There is no judicial process by commission or delegation.
2. Independence in the exercise of the jurisdictional function.
No authority can address pending cases before the court or interfere in the exercise of its functions. Nor can it nullify resolutions that have passed in res judicata authority, or cut pending procedures, or modify sentences or delay their execution. These provisions do not affect the right of grace or the powers of investigation of Congress, the exercise of which should not, however, interfere in the jurisdictional procedure or have any jurisdictional effect.
3. The observance of due process and judicial protection.
No person may be diverted from the jurisdiction predetermined by law, or subjected to a procedure other than those previously established, or tried by exceptional jurisdictional bodies or by special commissions created for this purpose, whatever their name.
4. Advertising in the processes, unless otherwise provided by law.
Judicial processes for the responsibility of public officials, and for crimes committed through the press and those that refer to fundamental rights guaranteed by the Constitution, are always public.
5. The written motivation of the judicial decisions in all instances, except for mere procedural decrees, with express mention of the applicable law and the factual grounds on which they are based.
6. The plurality of the instance.
7. Compensation, in the manner determined by law, for judicial errors in criminal proceedings and for arbitrary detentions, without prejudice to the liability that may arise.
8. The principle of not ceasing to administer justice due to emptiness or deficiency of the law.
In such a case, the general principles of law and customary law should apply.
9. The principle of inapplicability by analogy of criminal law and the rules that restrict rights.
10. The principle of not being punished without judicial process.
11. The application of the most favorable law to the accused in case of doubt or conflict between criminal laws.
12. The principle of not being sentenced in absentia.
13. The prohibition to revive processes terminated with an enforceable resolution. The amnesty, the pardon, the definitive dismissal and the prescription produce the effects of res judicata.
14. The principle of not being deprived of the right of defense in any stage of the process. Every person will be informed immediately and in writing of the cause or reasons for their arrest. You have the right to personally communicate with a defender of your choice and to be advised by him from the moment you are summoned or detained by any authority.
15. The principle that everyone must be informed, immediately and in writing, of the causes or reasons for their detention.
16. The principle of free administration of justice and free defense for people with limited resources; and, for everyone, in the cases indicated by law
17. Popular participation in the appointment and revocation of magistrates, in accordance with the law.
18. The obligation of the Executive Power to provide the collaboration required of it in the processes.
19. The prohibition of exercising judicial function by someone who has not been appointed in the manner provided by the Constitution or the law. The jurisdictional bodies cannot give him possession of the position, under responsibility. The prohibition of exercising judicial function by someone who has not been appointed in the manner provided by the Constitution or the law. The jurisdictional bodies cannot give him possession of the position, under responsibility.
20. The principle of the right of every person to formulate analysis and criticism of judicial decisions and judgments, with the limitations of the law.
21. The right of prisoners and sentenced persons to occupy suitable establishments.
22. The principle that the penitentiary regime is aimed at the reeducation, rehabilitation and reintegration of the convicted person into society
Article 140.- Death penalty
The death penalty can only be applied for the crime of treason against the Fatherland in the event of war, and terrorism, in accordance with the laws and treaties to which Peru is an obligated party.
Article 141.- Cassation
It is up to the Supreme Court to rule on cassation, or in the last instance, when the action is initiated in a Superior Court or before the Supreme Court itself according to law. Likewise, he is aware of the resolutions of the Military Court on appeal, with the limitations established in article 173.
Article 142.- Resolutions not reviewable by the Judiciary
The resolutions of the National Elections Jury in electoral matters, nor those of the National Board of Justice in matters of evaluation and ratification of judges, are not reviewable in court.
Article 143.- Jurisdictional Bodies
The Judicial Power is made up of jurisdictional bodies that administer justice on behalf of the Nation, and by bodies that exercise their government and administration.
The jurisdictional bodies are: the Supreme Court of Justice and the other courts and tribunals determined by its organic law.
Article 144.- Presidency of the Judicial Power. Full room
The President of the Supreme Court is also the President of the Judiciary. The Plenary Chamber of the Supreme Court is the highest deliberative organ of the Judicial Power.
Article 145.- Budget of the Judicial Power
The Judicial Branch presents its budget bill to the Executive Branch and supports it before Congress.
Article 146.- Exclusivity of the Jurisdictional Function
The jurisdictional function is incompatible with any other public or private activity, with the exception of university teaching outside working hours.
The judges only receive the remuneration assigned to them by the Budget and those from teaching or other tasks expressly provided for by law.
The State guarantees judicial magistrates:
1. Your independence. They are only subject to the Constitution and the law.
2. The tenure in office. They can not be transferred without your consent.
3. Their permanence in the service, as long as they observe conduct and suitability proper to their role. AND
4. A remuneration that assures them a standard of living worthy of their mission and hierarchy.
Article 147.- Requirements to be a Magistrate of the Supreme Court
To be a Magistrate of the Supreme Court it is required:
1. Be Peruvian by birth;
2. Be a practicing citizen;
3. Be over forty-five years old;
4. Have been a magistrate of the Superior Court or Superior Prosecutor for ten years, or have practiced law or the university chair in legal matters for fifteen years.
Article 148.- Contentious-administrative action
Administrative resolutions that cause status are subject to challenge through contentious-administrative action.
Article 149.- Exercise of the jurisdictional function by peasant and native communities
The authorities of the Peasant and Native Communities, with the support of the Rondas Campesinas, can exercise jurisdictional functions within their territorial scope in accordance with customary law, as long as they do not violate the fundamental rights of the person. The law establishes the forms of coordination of said special jurisdiction with the Courts of the Peace and with the other instances of the Judicial Power.
OF THE NATIONAL BOARD OF JUSTICE
Article 150.- National Board of Justice
The National Board of Justice is responsible for the selection and appointment of judges and prosecutors, except when they come from popular election.
The National Board of Justice is independent and is governed by its Organic Law.
Article 151.- Academy of the Magistracy
The Academy of the Magistracy, which is part of the Judicial Branch, is responsible for the training and training of judges and prosecutors at all levels, for the purposes of their selection.
The approval of the special studies required by said Academy is a requirement for promotion.
Article 152.- Justices of the Peace and First Instance
Justices of the Peace come from popular election.
Said election, its requirements, the jurisdictional performance, the training and the duration in their positions are regulated by law.
The law can establish the election of the judges of first instance and determine the pertinent mechanisms.
Article 153.- Prohibition of Judges and Prosecutors
Judges and prosecutors are prohibited from participating in politics, from organizing and going on strike.
Article 154.- The functions of the National Board of Justice are:
1. Appoint, after a public contest of merits and personal evaluation, the judges and prosecutors of all levels. Said appointments require the public and motivated vote of two thirds of the legal number of its members.
2. Ratify, with a public and motivated vote, the judges and prosecutors at all levels every seven years; and jointly with the Academy of the Judiciary execute the partial performance evaluation of judges and prosecutors at all levels every three years six months. Those not ratified or dismissed cannot re-enter the Judiciary or the Public Ministry.
3. Apply the sanction of dismissal to the judges of the Supreme Court and supreme prosecutors; and, ex officio or at the request of the Supreme Court or the Board of Supreme Prosecutors, respectively, to the judges and prosecutors of all instances. In the case of supreme judges and supreme prosecutors, it will also be possible to apply a warning or suspension of up to one hundred and twenty (120) calendar days, applying criteria of reasonableness and proportionality. The final resolution must be motivated and with a prior hearing of the interested party. It has an unchallenged nature.
4. Register, guard, keep updated and publish the Register of Disciplinary Sanctions for Judges and Prosecutors.
5. Extend to the judges and prosecutors the official title that accredits them.
6. Present an annual report to the Plenary of Congress.
Article 155.- The National Board of Justice is made up of seven regular members selected through a public merit contest, for a period of five years. Reelection is prohibited. The substitutes are summoned by strict order of merit obtained in the contest.
The public merit contest is in charge of a Special Commission, made up of:
1. The Ombudsman, who presides over it;
2. The President of the Judiciary;
3. The Attorney General;
4. The President of the Constitutional Court;
5. The Comptroller General of the Republic;
6. A rector elected by vote by the rectors of licensed public universities with more than fifty years of seniority; and,
7. A rector elected by vote by the rectors of licensed private universities with more than fifty years of seniority.
The Special Commission must be installed, at the summons of the Ombudsman, six months before the expiration of the mandate of the members of the National Board of Justice and ceases with the swearing-in of the elected members.
The selection of the members is carried out through a procedure in accordance with the law, for which, the Special Commission has the support of a Specialized Technical Secretariat. The procedure provides the guarantees of probity, impartiality, publicity and transparency.
Article 156.- To be a member of the National Board of Justice it is required:
1. Be Peruvian by birth.
2. Be a practicing citizen.
3. Be over forty-five (45) years old, and under seventy-five (75) years old.
4. Be a lawyer:
to. With professional experience of not less than twenty-five (25) years; or,
b. Have held the university chair for no less than twenty-five (25) years; or,
c. Have worked as a researcher in legal matters for at least fifteen (15) years.
d. Not having a final conviction for a fraudulent crime.
and. Have a recognized professional trajectory and solvency and moral suitability.
The members of the National Board of Justice enjoy the same benefits and rights and are subject to the same obligations and incompatibilities as the supreme judges. Their function must not incur in conflict of interest and is incompatible with any other public or private activity outside working hours. Except for university teaching.
Article 157.- Removal of the members of the National Board of Justice
The members of the National Board of Justice may be removed for serious cause by means of an agreement of the Congress adopted with the affirmative vote of two-thirds of the legal number of members.
OF THE PUBLIC MINISTRY
Article 158.- Public Ministry
The Public Ministry is autonomous. The Prosecutor of the Nation presides over it. He is elected by the Board of Supreme Prosecutors. The office of Attorney General lasts three years, and is renewable, by re-election, only for another two. The members of the Public Ministry have the same rights and prerogatives and are subject to the same obligations as those of the Judicial Power in the respective category. They are affected by the same incompatibilities. Their appointment is subject to requirements and procedures identical to those of the members of the Judicial Power in their respective category.
Article 159.- Powers of the Public Ministry
Corresponds to the Public Ministry:
1. Promote ex officio, or at the request of a party, judicial action in defense of legality and public interests protected by law.
2. Ensure the independence of the jurisdictional bodies and the correct administration of justice.
3. Represent society in legal proceedings.
4. Conduct the investigation of the crime from the beginning. For this purpose, the National Police is obliged to fulfill the mandates of the Public Ministry within the scope of its function.
5. Take criminal action ex officio or at the request of a party.
6. Issue an opinion prior to judicial resolutions in the cases contemplated by law.
7. Exercise initiative in the formation of laws; and report to Congress, or to the President of the Republic, the gaps or defects of the legislation.
Article 160.- Budget of the Public Ministry
The budget project of the Public Ministry is approved by the Board of Supreme Prosecutors. It is presented before the Executive Power and is sustained in that instance and in Congress.
OF THE OMBUDSMAN'S OFFICE
Article 161.- Ombudsman's Office
The Ombudsman's Office is autonomous. Public bodies are obliged to collaborate with the Ombudsman's Office when it requires it.
Its structure, at the national level, is established by organic law.
The Ombudsman is elected and removed by Congress with a vote of two thirds of his legal number. He enjoys the same immunity and the same prerogatives as congressmen.
To be elected Ombudsman it is required to have reached thirty-five years of age and be a lawyer.
The position lasts five years and is not subject to a mandatory mandate. It has the same incompatibilities as the supreme vowels.
Article 162.- Powers of the Ombudsman's Office
It is the responsibility of the Ombudsman's Office to defend the constitutional and fundamental rights of the person and the community; and to supervise the fulfillment of the duties of the state administration and the provision of public services to the citizens.
The Ombudsman presents a report to Congress once a year, and each time it requests it. Has initiative in the formation of laws. It can propose the measures that facilitate the best fulfillment of its functions.
The budget project of the Ombudsman's Office is presented before the Executive Power and supported by its head in that instance and in Congress.
ON SECURITY AND NATIONAL DEFENSE
Article 163.- The National Defense System
The State guarantees the security of the Nation through the National Defense System.
National Defense is comprehensive and permanent. It takes place internally and externally. Every person, natural or legal, is obliged to participate in National Defense, in accordance with the law.
Article 164.- Direction, preparation and exercise of the National Defense System
The direction, preparation and exercise of National Defense are carried out through a system whose organization and functions are determined by law. The President of the Republic directs the National Defense System.
The law determines the scope and procedures of the mobilization for the purposes of national defense.
Article 165.- Purpose of the Armed Forces
The Armed Forces are made up of the Army, the Navy and the Air Force. Their primary purpose is to guarantee the independence, sovereignty and territorial integrity of the Republic. They assume control of internal order in accordance with article 137 of the Constitution.
Article 166.- Purpose of the National Police
The main purpose of the National Police is to guarantee, maintain and restore internal order. Provide protection and help to individuals and the community. It guarantees compliance with the laws and the security of public and private assets. Prevent, investigate and combat crime. Watch and control the borders.
Article 167.- Supreme Chief of the Armed Forces and National Police
The President of the Republic is the Supreme Chief of the Armed Forces and the National Police.
Article 168.- Organization and functions of the Armed Forces and National Police
The respective laws and regulations determine the organization, functions, specialties, training and employment; and they regulate the discipline of the Armed Forces and the National Police.
The Armed Forces organize their reserves and dispose of them according to the needs of the National Defense, according to law.
Article 169.- Non-deliberative character of the Armed Forces and National Police
The Armed Forces and the National Police are not deliberative. They are subordinate to the constitutional power.
Article 170.- Logistical requirement of the Armed Forces and National Police
The law allocates the funds destined to satisfy the logistical requirements of the Armed Forces and the National Police. Such funds must be dedicated exclusively to institutional purposes, under the control of the authority indicated by law.
Article 171.- Armed Forces, National Police and the development of the country
The Armed Forces and the National Police participate in the economic and social development of the country, and in civil defense in accordance with the law.
Article 172.- Members of the Armed Forces and National Police. Promotions
The number of troops in the Armed Forces and the National Police is set annually by the Executive Power. The corresponding resources are approved in the Budget Law.
Upgrades are granted in accordance with the law. The President of the Republic grants the promotions of the generals and admirals of the Armed Forces and of the generals of the National Police, according to the proposal of the corresponding institute.
Article 173.- Jurisdiction of the Military Privative Jurisdiction
In the event of a crime of function, the members of the Armed Forces and the National Police are subject to the respective jurisdiction and to the Code of Military Justice. Its provisions are not applicable to civilians, except in the case of crimes of treason against the fatherland and terrorism that the law determines. The cassation referred to in article 141 is only applicable when the death penalty is imposed.
Those who violate the rules of Mandatory Military Service are also subject to the Code of Military Justice.
Article 174.- Equivalence of rights of officers of the Armed Forces and National Police
The degrees and honors, salaries and pensions inherent to the hierarchy of officers of the Armed Forces and the National Police are equivalent. The law establishes the corresponding equivalences to career military or police personnel who do not have an officer rank or hierarchy.
In both cases, the indicated rights can only be withdrawn from their holders by court ruling.
Article 175.- Use and possession of weapons of war
Only the Armed Forces and the National Police can possess and use weapons of war.
All those that exist, as well as those that are manufactured or introduced into the country, become the property of the State without process or compensation.
The manufacture of weapons of war by private industry is excepted in the cases indicated by law.
The law regulates the manufacture, trade, possession and use, by individuals, of weapons other than those of war.
THE ELECTORAL SYSTEM
Article 176.- Purpose and functions of the Electoral System
The purpose of the electoral system is to ensure that the votes reflect the authentic, free and spontaneous expression of the citizens; and that the ballots are an accurate and timely reflection of the will of the voter expressed at the polls by direct voting.
Its basic functions are the planning, organization and execution of electoral or referendum processes or other popular consultations; the maintenance and custody of a unique registry of identification of the persons; and the registry of the acts that modify the civil status.
Article 177.- Conformation of the Electoral System
The electoral system is made up of the National Elections Jury; the National Office of Electoral Processes; and the National Registry of Identification and Civil Status. They act autonomously and maintain coordination relationships among themselves, in accordance with their attributions.
Article 178.- Powers of the National Elections Jury
The National Elections Jury is responsible for:
1. Supervise the legality of the exercise of suffrage and the conduct of electoral processes, the referendum and other popular consultations, as well as the preparation of the electoral rolls.
2. Maintain and safeguard the registry of political organizations.
3. Ensure compliance with the regulations on political organizations and other provisions related to electoral matters.
4. Administer justice in electoral matters.
5. Proclaim the elected candidates; the result of the referendum or that of other types of popular consultation and issue the corresponding credentials.
6. The others that the law indicates.
In electoral matters, the National Elections Jury has initiative in the formation of laws.
Presents to the Executive Power the draft Budget of the Electoral System that includes separately the items proposed by each entity of the system. It supports it in that instance and before Congress.
Article 179.- Composition of the Plenary of the National Elections Jury
The highest authority of the National Elections Jury is a Plenary made up of five members:
1. One elected by secret ballot by the Supreme Court from among its retired or active magistrates. In this second case, we grant licence to the chosen. The representative of the Supreme Court presides over the National Elections Jury.
2. One elected by secret ballot by the Board of Supreme Prosecutors, from among retired or active Supreme Prosecutors. In this second case, we grant licence to the chosen.
3. One elected by secret ballot by the Lima Bar Association, among its members.
4. One elected by secret ballot by the deans of the Faculties of Law of the public universities, among their former deans.
5. One elected by secret ballot by the deans of the Faculties of Law of the private universities, among their former deans.
Article 180.- Members of the Plenary of the National Elections Jury. Requirements
The members of the Plenary of the National Elections Jury cannot be under forty-five years of age or over seventy. They are elected for a term of four years. They can be re-elected. The law establishes the form of alternate renewal every two years.
The charge is paid and full time. It is incompatible with any other public function, except part-time teaching.
Candidates for popularly elected positions cannot be members of the Full Jury, nor can citizens who hold national leadership positions in political organizations, or who have held them in the four years prior to their nomination.
Article 181.- Resolutions of the Plenary of the National Elections Jury
The Plenary of the National Elections Jury appreciates the facts with criteria of conscience. It resolves in accordance with the law and the general principles of law. In electoral matters, referendums or other types of popular consultations, its resolutions are issued in a final, definitive instance, and are not reviewable. There is no recourse against them.
Article 182.- National Office of Electoral Processes
The Head of the National Office of Electoral Processes is appointed by the National Board of Justice for a renewable period of four years. It can be removed by the Council itself for serious misconduct. It is subject to the same incompatibilities provided for the members of the Plenary of the National Elections Jury.
Article 183.- National Registry of Identification and Civil Status
The Head of the National Registry of Identification and Civil Status is appointed by the National Board of Justice for a renewable period of four years. He can be removed by said Council for serious misconduct. It is subject to the same incompatibilities provided for the members of the Plenary of the National Elections Jury.
The National Registry of Identification and Civil Status is in charge of the registration of births, marriages, divorces, deaths, and other acts that modify civil status. Issues the corresponding certificates. Prepares and maintains the electoral roll. Provides the National Elections Jury and the National Office of Electoral Processes with the information necessary for the fulfillment of their functions. It maintains the citizens' identification register and issues the documents that prove their identity.
It performs the other functions that the law indicates.
Article 184.- Nullity of electoral processes
The National Elections Jury declares the nullity of an electoral process, a referendum or any other type of popular consultation when the null or blank votes, added together or separately, exceed two-thirds of the number of votes cast.
The law can establish different proportions for municipal elections.
Article 185.- Public Scrutiny
The counting of the votes in all kinds of elections, referendum or other type of popular consultation is carried out in a public and uninterrupted act on the voting table. It is only reviewable in cases of material error or challenge, which are resolved according to law.
Article 186.- Order and security during the elections
The National Office of Electoral Processes issues the instructions and provisions necessary for the maintenance of order and the protection of personal liberty during the elections. These provisions are mandatory for the Armed Forces and the National Police.
Article 187.- Multi-person elections
In multi-person elections there is proportional representation, in accordance with the system established by law.
The law contains special provisions to facilitate the vote of Peruvians residing abroad.
OF THE STRUCTURE OF THE STATE
Article 188.- Decentralization is a form of democratic organization and constitutes a permanent policy of the State, of a mandatory nature, whose fundamental objective is the integral development of the country. The decentralization process is carried out in stages, in a progressive and orderly manner, according to criteria that allow an adequate allocation of competencies and transfer of resources from the national government to the regional and local governments.
The Powers of the State and the Autonomous Organizations as well as the Budget of the Republic are decentralized according to the law.
Article 189.- The territory of the Republic is made up of regions, departments, provinces and districts, in whose circumscriptions the government is constituted and organized at the national, regional and local level, in the terms established by the Constitution and the law, preserving the unity and integrity of the State and the Nation.
The scope of the regional level of government is the regions and departments. The scope of the local level of government is the provinces, districts and population centers.
Article 190.- The regions are created on the basis of contiguous areas historically, culturally , administratively and economically integrated , forming sustainable geo-economic units.
The regionalization process begins by electing governments in the current departments and the Constitutional Province of Callao. These governments are regional governments.
By means of a referendum, two or more contiguous departmental constituencies may be integrated to constitute a region, in accordance with the law. The contiguous provinces and districts follow the same procedure to change regional constituencies.
The law determines the additional powers and powers, as well as special incentives, of the regions thus integrated.
While the integration process lasts, two or more regional governments may create coordination mechanisms among themselves. The law will determine those mechanisms.
Article 191.- Regional governments have political, economic and administrative autonomy in matters within their competence. They coordinate with the municipalities without interfering with their functions and powers.
The basic organic structure of these governments is made up of the Regional Council, as a regulatory and supervisory body, the Regional Governor, as an executive body, and the Regional Coordination Council made up of the provincial mayors and representatives of civil society, as a consultative body and of coordination with the municipalities, with the functions and attributions that the law indicates to them.
The Regional Council will have a minimum of seven (7) members and a maximum of twenty-five (25), and there must be a minimum of one (1) per province and the rest, according to law, following an electoral population criterion.
The Regional Governor is elected jointly with a Regional Vice Governor, by direct suffrage for a period of four (4) years. The mandate of said authorities is revocable, according to law. There is no immediate reelection. After another period, at least, former Regional Governors or former Regional Vice Governors may reappear, subject to the same conditions. The members of the Regional Council are elected in the same way and for the same period. The mandate of said authorities is inalienable, with the exception of the cases provided for in the Constitution.
To nominate President of the Republic, Vice President, Congressman or Mayor; Regional Governors and Vice Governors must resign from office six (6) months before the respective election.
The law establishes minimum percentages to make accessible the representation of gender, peasant and native communities, and native peoples in the Regional Councils. The same treatment applies to the Municipal Councils.
The Regional Governors are obliged to attend the Congress of the Republic when it requires it in accordance with the law and the Regulations of the Congress of the Republic, and under responsibility.
Article 192.- Regional governments promote development and the regional economy, promote investments, activities and public services for which they are responsible, in harmony with national and local development policies and plans.
They are competent to:
1. Approve your internal organization and your budget.
2. Formulate and approve the regional development plan agreed with the municipalities and civil society.
3. Manage your assets and income.
4. Regulate and grant authorizations, licenses and rights on the services of its responsibility.
5. Promote regional socio-economic development and execute the corresponding plans and programs.
6. Dictate the rules inherent to regional management.
7. Promote and regulate activities and / or services in agriculture, fisheries, industry, agribusiness, commerce, tourism, energy, mining, roads, communications, education, health and the environment, in accordance with the law.
8. Promote competitiveness, investments and financing for the execution of infrastructure projects and works of regional scope and impact.
9. Present legislative initiatives in matters and matters within its competence.
10. Exercise the other attributions inherent to his function, in accordance with the law.
Article 193.- The assets and income of the regional governments are:
1. The movable and immovable property of your property.
2. The specific transfers assigned by the Annual Budget Law.
3. The taxes created by law in your favor.
4. The economic rights generated by the privatizations, concessions and services that they grant, according to law.
5. The resources assigned from the Regional Compensation Fund, which has a redistributive nature, in accordance with the law.
6. The resources assigned by concept of canon.
7. Resources from their financial operations, including those carried out with the State's endorsement, in accordance with the law.
8. Others determined by law.
Article 194.- The provincial and district municipalities are the local government bodies. They have political, economic and administrative autonomy in matters within their competence. The municipalities of the populated centers are created according to law.
The organic structure of the local government is made up of the Municipal Council as a regulatory and supervisory body and the Mayor's Office as an executive body, with the functions and attributions established by law.
The mayors and councilors are elected by direct suffrage, for a period of four (4) years. There is no immediate reelection for mayors. After another period, at least, they can apply again, subject to the same conditions. His mandate is revocable, according to law. The mandate of mayors and councilors is inalienable, with the exception of the cases provided for in the Constitution.
To nominate President of the Republic, Vice President, Congressman, Governor or Vice Governor of the Regional Government; Mayors must resign from office six (6) months before the respective election.
Article 195.- Local governments promote development and the local economy, and the provision of public services for which they are responsible, in harmony with national and regional development policies and plans.
They are competent to:
1. Approve your internal organization and your budget.
2. Approve the local development plan agreed with civil society.
3. Manage your assets and income.
4. Create, modify and suppress municipal taxes, fees, taxes, licenses and rights, in accordance with the law.
5. Organize, regulate and administer the local public services of its responsibility.
6. Plan the urban and rural development of its districts, including zoning, urban planning and territorial conditioning.
7. Promote competitiveness, investments and financing for the execution of local infrastructure projects and works.
8. Develop and regulate activities and / or services in matters of education, health, housing, sanitation, environment, sustainability of natural resources, collective transportation, circulation and transit, tourism, conservation of archaeological and historical monuments, culture, recreation and sport, according to law.
9. Present legislative initiatives in matters and matters within its competence.
10. Exercise the other attributions inherent to his function, in accordance with the law.
Article 196.- The assets and income of the municipalities are:
1. The movable and immovable property of your property.
2. The taxes created by law in your favor.
3. Contributions, rates, excise duties, licenses and rights created by Municipal Ordinances, according to law.
4. The economic rights generated by the privatizations, concessions and services that they grant, according to law.
5. The resources allocated from the Municipal Compensation Fund, which has a redistributive nature, in accordance with the law.
6. The specific transfers assigned by the Annual Budget Law.
7. The resources assigned by concept of canon.
8. The resources from its financial operations, including those that require the approval of the State, according to law.
9. Others determined by law.
Article 197.- The municipalities promote, support and regulate neighborhood participation in local development. They also provide citizen security services, with the cooperation of the National Police of Peru, in accordance with the law.
Article 198.- The Capital of the Republic does not integrate any region. It has a special regime in the decentralization laws and in the Organic Law of Municipalities. The Metropolitan Municipality of Lima exercises its powers within the scope of the province of Lima.
The border municipalities also have a special regime in the Organic Law of Municipalities.
Article 199.- Regional and local governments are audited by their own oversight bodies and by the agencies that have such attribution by constitutional or legal mandate, and are subject to the control and supervision of the Office of the Comptroller General of the Republic, which organizes a decentralized and permanent control system. The aforementioned governments formulate their budgets with the participation of the population and render an account of their execution, annually, under responsibility, in accordance with the law.
OF THE CONSTITUTIONAL GUARANTEES
Article 200.- Constitutional Guarantee Actions
They are constitutional guarantees:
1. The Habeas Corpus Action, which proceeds from the fact or omission, by any authority, official or person, that violates or threatens individual freedom or related constitutional rights.
2. The Amparo Action, which proceeds against the fact or omission, by any authority, official or person, that violates or threatens the other rights recognized by the Constitution, with the exception of those indicated in the following paragraph.
It does not proceed against legal norms or against Judicial Resolutions emanating from regular procedure.
3. The Habeas Data Action, which proceeds against the fact or omission, by any authority, official or person, that violates or threatens the rights referred to in article 2, paragraphs 5 and 6 of the Constitution. "
4. The Action of Unconstitutionality, which proceeds against the norms that have the force of law: laws, legislative decrees, emergency decrees, treaties, Congress regulations, general regional norms and municipal ordinances that contravene the Constitution in the form or in the bottom.
5. The Popular Action, which proceeds, for violation of the Constitution and the law, against regulations, administrative norms and resolutions and decrees of a general nature, whatever the authority from which they emanate.
6. The Compliance Action, which proceeds against any authority or official reluctant to abide by a legal norm or an administrative act, without prejudice to the responsibilities of the law.
An organic law regulates the exercise of these guarantees and the effects of the declaration of unconstitutionality or illegality of the norms.
The exercise of habeas corpus and amparo actions is not suspended during the validity of the exception regimes referred to in article 137 of the Constitution.
When actions of this nature are filed in relation to restricted or suspended rights, the competent court examines the reasonableness and proportionality of the restrictive act. It is not for the judge to question the declaration of the state of emergency or of siege.
Article 201.- Constitutional Court
The Constitutional Court is the control body of the Constitution. It is autonomous and independent. Is composed of seven members elected for five years.
To be a member of the Constitutional Court, the same requirements are required as to be a member of the Supreme Court. The members of the Constitutional Court enjoy the same immunity and the same prerogatives as the congressmen. They reach the same incompatibilities. There is no immediate reelection.
The members of the Constitutional Court are elected by the Congress of the Republic with the favorable vote of two thirds of the legal number of its members. Judges or prosecutors who have not left office one year in advance cannot be elected magistrates of the Constitutional Court.
Article 202.- Powers of the Constitutional Court
It corresponds to the Constitutional Court:
1. Hear, in a single instance, the action of unconstitutionality.
2. Know, in the last and final instance, the denial decisions of habeas corpus, amparo, habeas data, and enforcement action.
3. Know the conflicts of competence, or of attributions assigned by the Constitution, according to law.
Article 203.- Persons empowered to file an Unconstitutionality Action
They are empowered to file unconstitutionality action:
1. The President of the Republic.
2. The Attorney General.
3. The President of the Judiciary, with the agreement of the Plenary Chamber of the Supreme Court of Justice.
4. The Ombudsman.
5. Twenty-five percent of the legal number of congressmen.
6. Five thousand citizens with signatures verified by the National Elections Jury. If the norm is a municipal ordinance, one percent of the citizens of the respective territorial area is empowered to challenge it, provided that this percentage does not exceed the number of signatures indicated above.
7. The Regional Governors with the agreement of the Regional Council, or the provincial mayors with the agreement of their Council, in matters within their competence.
8. The professional associations, in matters of their specialty.
Article 204.- Judgment of the Constitutional Court
The judgment of the Court declaring the unconstitutionality of a norm is published in the official gazette. The day after publication, this rule is without effect.
The judgment of the Court that declares unconstitutional, in whole or in part, a legal rule does not have retroactive effect.
Article 205.- Supranational Jurisdiction
Once the domestic jurisdiction has been exhausted, whoever considers himself to be injured in the rights recognized by the Constitution may appeal to the international courts or organizations established according to treaties or agreements to which Peru is a party.
OF THE REFORM OF THE CONSTITUTION
Article 206.- Constitutional Reform
Any constitutional reform must be approved by Congress with an absolute majority of the legal number of its members, and ratified by referendum. The referendum can be omitted when the agreement of Congress is obtained in two successive ordinary legislatures with a favorable vote, in each case, greater than two thirds of the legal number of congressmen.
The constitutional reform law cannot be observed by the President of the Republic.
The initiative for constitutional reform corresponds to the President of the Republic, with the approval of the Council of Ministers; to the congressmen; and to a number of citizens equivalent to zero point three percent (0.3%) of the electoral population, with signatures verified by the electoral authority.
FINAL AND TRANSITIONAL PROVISIONS
First.- The pension regime of Decree Law No. 20530 shall be declared definitively closed. Consequently, as of the entry into force of this Constitutional Reform:
1. New incorporations or reincorporations to the pension scheme of Decree Law No. 20530 are not allowed.
2. Workers who, belonging to said regime, have not met the requirements to obtain the corresponding pension, must choose between the National Pension System or the Private System of Pension Fund Administrators.
For reasons of social interest, the new pension rules established by law will be applied immediately to the workers and pensioners of the pension regimes in charge of the State, as appropriate. It will not be possible to foresee in them the leveling of the pensions with the remunerations, nor the reduction of the amount of the pensions that are less than a Tax Tax Unit.
The law will provide for the progressive application of caps to pensions that exceed one Tax Tax Unit.
The budgetary savings that come from the application of new pension rules will be destined to increase the lower pensions, according to law.
The modifications that are introduced in the current pension regimes, as well as the new pension regimes that are established in the future, must be governed by the criteria of financial sustainability and not leveling.
The competent entity of the National Government is authorized to initiate the corresponding legal actions so that the nullity of the illegally obtained pensions is declared, except in cases defined by judgments with res judicata character that have expressly pronounced on the merits of the matter or that the respective actions would have prescribed.
Second.- The State guarantees the timely payment and periodic readjustment of the
pensions that it administers, in accordance with the budgetary provisions that it
destine for such effects, and to the possibilities of the national economy.
Third.- As long as there are differentiated work regimes between private and public activity, in no case and under no circumstances can services provided under both regimes be accumulated. Any act or resolution to the contrary is void.
Fourth.- The norms relating to the rights and freedoms that the Constitution recognizes are interpreted in accordance with the Universal Declaration of Human Rights and with the international treaties and agreements on the same matters ratified by Peru.
Fifth.- Municipal elections alternate with general elections so that they are held in the middle of the presidential term, in accordance with the law. For this purpose, the mandate of the mayors and councilors who are elected in the next two municipal elections will last three and four years respectively.
Sixth.- The mayors and councilors elected in the 1993 electoral process and their complementary elections conclude their mandate on December 31, 1995.
Seventh.- The first general election process that takes place from the effective date of this Constitution, while the decentralization process is being developed, is carried out by single district.
Eighth.- The provisions of the Constitution that require it are a matter of
constitutional development laws . They have priority:
1. The decentralization rules and, among them, those that allow new authorities to be elected no later than 1995.
2. Those relating to the mechanisms and the process to progressively eliminate the legal monopolies granted in the concessions and licenses of public services.
Ninth.- The renewal of the members of the National Elections Jury, installed in accordance with this Constitution, begins with those elected by the Lima Bar Association and by the Law Faculties of public universities.
Tenth.- The law establishes the way in which the offices, officials and servers of the Civil Registry of local governments and those of the Electoral Registry are integrated into the National Registry of Identification and Civil Status.
Eleventh.- The provisions of the Constitution that require new or greater public expenditures are applied progressively.
Twelfth.- The departmental political organization of the Republic comprises the following departments: Amazonas, Ancash, Apurímac, Arequipa, Ayacucho, Cajamarca, Cusco, Huancavelica, Huánuco, Ica, Junín, La Libertad, Lambayeque, Lima, Loreto, Madre de Dios, Moquegua, Pasco, Piura, Puno, San Martín, Tacna, Tumbes, Ucayali; and the Constitutional Province of Callao.
Thirteenth.- While the Regions are not constituted and until their presidents are elected in accordance with this Constitution, the Executive Power determines the jurisdiction of the Temporary Regional Administration Councils currently in office, according to the area of each of the established departments. in the country.
Fourteenth.- This Constitution, once approved by the Democratic Constituent Congress, enters into force, in accordance with the result of the referendum regulated by constitutional law.
Fifteenth.- The provisions contained in this Constitution, referring to the number of congressmen, duration of the legislative mandate, and the Permanent Commission, do not apply to the Democratic Constituent Congress.
Sixteenth.- Once this Constitution is promulgated, it replaces that of 1979.
SPECIAL TRANSITIONAL PROVISIONS
First.- The President and Vice Presidents of the Republic elected in the General Elections of 2000, will conclude their mandate on July 28, 2001. The congressmen elected in the same electoral process will end their representation on July 26, 2001. They are not from application for them, by exception, the terms established in articles 90 ° and 112 ° of the Political Constitution.
Second.- For the purposes of the electoral process carried out in 2001, the term established in the first paragraph of Article 91 of the Constitution will be four months.
Third.- The National Elections Jury (JNE) distributes the seats in the number of four for Lima Provinces without affecting the existing national distribution and the six remaining seats according to law.
THE DEMOCRATIC CONSTITUENT CONGRESS
DECLARES that Peru, a country in the southern hemisphere, linked to Antarctica by coasts that project towards it, as well as by ecological factors and historical antecedents, and in accordance with the rights and obligations that it has as a consultative part of the Antarctic Treaty, promotes conservation of Antarctica as a Zone of Peace dedicated to scientific research, and the validity of an international regime that, without prejudice to the rights that correspond to the Nation, promotes for the benefit of all humanity the rational and equitable exploitation of the resources of Antarctica, and ensure the protection and conservation of the ecosystem of said Continent.