Emergency in Lima and Callao: Today's restrictions and schedules for Wednesday, March 16, 2022

A few weeks ago, the Minister of Interior Alfonso Chavari, together with other authorities in Metropolitan Lima and Callao, both regions of Peru It was declared a state of a href="https://www.infobae.com/america/buscador/?query=Estado%20de%20emergencia" rel="noopener noreferrer" bemergency. The legislation seeks to control and reduce the level of crime during periods in which strict control over the population is applied. According to the Supreme Decree 012-2022 - PCM, the measures announced on February 3 will take effect for 45 days, during which the population will be subject to the political constitution of Peru.

The above-mentioned decree indicates that during the period governing the measures adopted by the Executive, certain constitutional rights will be suspended as prescribed in Articles 2, 9, 11, 12 and 24 of the Constitution, such as the right to freedom, the inviolability of the home, freedom of assembly, freedom of movement in the national territory, etc.

Suspended rights

Right to freedom: The subject of the right can engage in all kinds of activities that exercise a fundamental right other than freedom, as long as it does not violate the norms that make up public order, good customs and, in essence, essential norms.

Inviolability of the place of residence: The right subject may prevent another person from entering the house to conduct an investigation, search, or other grounds if it does not approve it or a third party has not received a court order.However, it may not be prevented if there is a flag or a very serious risk of inflictions occurs.

Freedom of assembly: Rightholder may be open to private places and the public without prior notice, as long as they act peacefully. Conversely, meetings in public places or roads require prior notice to the authorities, which can only be prohibited for reasons of proven safety or public health.

Freedom of movement within the territory of the country: In principle, the right subject can move freely within the territory of the country where he has his residence, which means that he can choose where he will live; except for health reasons or by court order or by application of extraterrestrial law.

What happens if I intervene?

The Supreme Decree provides details on the involvement of the Peruvian Police and the Armed Forces. This intervention is carried out in accordance with Legislative Decree No. 1186, Legislative Decree regulating the use of force by the Peruvian Police and Legislative Decree No. 1095, which establishes the rules for the use and use of force by the Armed Forces in the Homeland and its Regulations approved respectively by the Supreme Decree 003-2020-DE.

The participation of local and local governments of the Metropolitan Lima and Callao Constitutional District was also approved, which is carried out within the framework of the current regulations on civil security.

What is an emergency situation?

This is a measure that, according to the political constitution of Peru, can be proclaimed by the President of the Republic by agreement of the Council of Ministers, and must be made only for a certain period of time. It can be applied to the entire national territory or to a single specific sector, depending on how the authorities believe.

An emergency is declared when ibthere is a “collapse of peace or internal order, a catastrophe or a serious situation affecting the life of the country.” Article 137 of the Constitution states that the bill cannot exceed 60 days, and if it is extended, a new decree will be required. “In an emergency, the iba href="https://www.infobae.com/tag/fuerzas-armadas/"military controls the internal order if the President of the Republic provides for it so.” However, in this case, it is the police who are responsible for the command and will be supportedarmed by the army. This decree states that both bodies must manage their actions based on a statute that regulates their actions in these cases.

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