What is the Constitutional Court of Peru, how it works and who make it up

The latest news in Peru has been starred by former President Alberto Fujimori, who has received the Constitutional Court's ruling in his favor, obtaining the humanitarian pardon by means of habeas corpus. This process has been questioned by a large number of authorities in the country. This is how the deputy minister of justice informed the population that actions are being taken to reach international bodies to reverse this decision that has granted freedom to the leader of Fujimorism.

One of the entities that has gained notoriety for this decision is the TC. Peruvians have started Google searches to find out what their functions are, who make it up and what their role has been in the controversial pardon of Alberto Fujimori.

WHAT IS THE CONSTITUTIONAL COURT?

It is defined as the supreme body for the interpretation and control of constitutionality. It is an autonomous and independent institution in the proper exercise of its powers as it does not depend on any adjacent constitutional body. Its functions and tasks are subject only to the Constitution and the Organic Law that represents it, according to Act No. 28301.

What is its main function? This constitutional body has been appointed and entrusted with upholding the principle of constitutional supremacy. As the highest interpreter of the Constitution, he “takes care that laws, State organs and individuals do not violate the provisions of the Constitution”. As regards their interventions, they seek to restore respect for the fundamental law of the State and for constitutional rights.

ON THE ACTIVITY OF THE TC

The Code of Constitutional Procedure of Act No. 28237 regulates the constitutional processes provided for in articles 200 and 202, paragraph 3 of the Constitution. Of these, seven constitutional processes can be distinguished, which are explained by the official portal of the institution: Habeas Corpus Process, Amparo, Habeas Data, Compliance, Unconstitutionality, Competence and Popular Action.

These constitutional processes are classified by the object of protection that corresponds to each one. This is how the following are provided:

- Procedures for the protection of rights: they have as their purpose the jurisdictional protection of constitutional rights.

- Normative control processes: these aim to legally protect the primacy of the Constitution over laws or norms with the rank of law, in the case of the process of unconstitutionality, and the primacy of the Constitution and the law over other norms below the law, in the case of the popular action process.

- Process of conflict of competence: its purpose is to protect the powers that the Constitution and organic laws attribute to the powers of the State, constitutional bodies and regional and local governments (municipalities).

You may also be interested in Rosangella Barbarán responds to Sigrid Bazán: “Without Fujimori you don't exist” and IACHR expresses “deep concern” over TC decision

CONSTITUTIONAL COURT: WHO MAKES IT UP?

The current plenary session, elected by the Congress of the Republic for a five-year term, is composed of a president, a vice-president and four judges. These are the current members and the votes they gave in the case of Alberto Fujimori:

Augusto Ferrero Costa - President (Voted to declare the lawsuit founded).

José Luis Sardón de Taboada - Vice President (Voted to declare the lawsuit founded).

Manuel Miranda Canales - Magistrate (He cast a single vote for declaring the application inadmissible).

Ernesto Blume Fortini - Judge (He was the rapporteur and voted to declare the lawsuit founded).

Marianella Ledesma Narváez - Judge (Cast a single vote for declaring the application inadmissible).

Eloy Espinosa Saldaña Barrera - Magistrate (He cast a single vote for declaring the application inadmissible).

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