Marianella Ledesma held the position of president of the Constitutional Court (TC). (The Republic)
Marianella Ledesma, former president of the Constitutional Court (TC), harshly criticized the resolutions issued by that body in favor of the Congress of the Republic for the election of a new Ombudsman, the reform of the Sunedu Board of Directors and other important cases that had through a competition claim.
TC annuls precautionary measure that suspended the election of the Ombudsman and other processes
The Constitutional Court resolved the conflict of jurisdiction filed by the Congress of the Republic against the Judiciary.
“The Constitutional Court is destroying our country. It is destroying the institutionality of Peru, those six people (tribunes) who are destroying it should soon be identified by name and surname,” Ledesma said.
He affirmed that it is not only the issue of Sunedu, by avoiding control for educational quality, but also the destruction of the tax collection system, by exonerating large debtor companies from paying taxes.
The Constitutional Court is the maximum interpreter of the Political Constitution of Peru.
“They have destroyed or enabled the possibility that those convicted of corruption, terrorism or drug trafficking, can apply in acts of popular elections and, if that is not enough, now they intend to put, weakening the electoral system, a cause that not even the constituent imagined. ”, he added.
Pedro Castillo requested his release and immediate reinstatement to the presidency before the IACHR
Walter Ayala, the former president’s lawyer, reported that the measure is due to the delay of the Judiciary in resolving the amparo appeal filed to get out of the Barbadillo prison where he is being held for the failed self-coup on December 7.
For Ledesma, the actions of the tribunes show that they maintain a “not impartial” position, because they have been elected by that same Congress.
“There is a Congress-Constitutional Court duo destroying our country. And, for this reason, it is urgent that we reconsider the possibility of going to an assembly, conclave or constituent meeting to study the Constitution, it cannot continue in this way”, he pointed out.
With what was resolved by the Constitutional Court, the Congress of the Republic will no longer be able to be controlled by any constitutional judge. (Reuters/Gerardo Marín)
In addition, he specified that it is possible to use the verb “destruction” for the current tribunes, since it is not clear to him that “power is exercised not arbitrarily and is distributed in a logic of balances and counterweights”
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The Minister of Justice ruled out that the Executive’s proposal is “authoritarian” within the framework of the State of emergency. In addition, he clarified that only a request from the Judiciary was attended to.
“The work and powers that the Congress of the Republic has, for example to choose a defender or to choose the members of the court, must be carried out under a framework of guarantees. Who controls those guarantees?”, he indicated.
He argued that, in the logic of the Constitutional State, whoever controls these guarantees should be the constitutional judges, but “what is the court doing now and, that is why I say destroy the institutional framework, resolve that no one can control Congress anymore.”
Sunedu’s board of directors was installed with only 4 of the 7 members. (Andean)
“The constitutional judges can no longer control it and I imagine that when they publish their sentence, at least, they will tell us, if the judges of the Judiciary are no longer going to control, who will?” narrowed.
He added that “the fundamental rule” in a democratic exercise is balance, the distribution of powers, balance and counterweight. “Who is going to control now the work of the Congress to the Sunedu or in front of the election of the defender. That is what makes this ruling disastrous for the country’s institutional framework, ”he reaffirmed.
In its last pronouncement, the TC announced that it resolved by a majority of five votes, to declare founded the jurisdictional claim raised by the Congress of the Republic against the Judiciary, consequently, null and void the resolutions issued in the amparo process that prevented the proceeding from being followed. appointment of the Ombudsman.
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