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The leading interpreter of the Peruvian Constitution reported that he had scheduled for November 18 “a remote public hearing in which the judicial claim will be seen … referring to the presidential vacancy due to permanent moral incapacity”.
The Constitutional Court (TC) of Peru will examine next Wednesday 18-N a request that the government of former President Martín Vizcarra presented a month and a half ago to rule on the power that Congress has to dismiss a head of state for “moral incapacity permanent “.
The leading interpreter of the Peruvian Constitution reported that he had scheduled for November 18 “a remote public hearing in which the judicial claim will be seen … referring to the presidential vacancy due to permanent moral incapacity”.
At that meeting, a request submitted in mid-September by the executive chaired by Vizcarra, when Congress underwent a first political trial of the president for “moral incapacity”, which was ultimately rejected.
Vizcarra was tried again this Monday and ultimately overthrown by Congress with the same argument, based on testimonies that are still under review by the Prosecutor’s Office which ensure that he received bribes when he was governor of the southern region of Moquegua, including 2011 and 2014.
OAS request
The announcement came after the Organization of American States (OAS) asked TC on Wednesday to rule on the legality of the process that led to Vizcarra’s removal and allowed Congress President Manuel Merino to take over the head of State.
The General Secretariat of the OAS reiterated that the TC must “pronounce on the legality and legitimacy of the institutional decisions adopted” and on the “differences that may exist in the interpretation of the Constitution, according to the actions and proposals of the actors. politicians “in Peru.
He also expressed his “deep concern” that this “new political crisis in Peru” would occur five months after the general elections were held and warned that “in this complex situation, political actors are responsible for ensuring the functioning Democrat of the good of the country. “
Answer to the question
In its statement, the Constitutional Court added that it had scheduled a hearing to see the judicial claim after Congress “complied with today’s response to the question submitted by the executive branch.”
Now, according to the procedure, the court chaired by Magistrate Marianella Ledesma will listen to the oral reports of the lawyers of the Giunta and of the Congress, after which the courts will be able to ask their questions.
Lawyers can intervene in their oral reports upon request and in coordination with the constitutional body.
TC arguments
Given the criticisms leveled at TC for not having resolved the Executive’s request before the second trial faced by Vizcarra, Ledesma assured that this process “is subject to legal deadlines, which could not be missed”.
“The Congress has used these terms to respond, until these terms are exhausted we cannot issue any pronouncements,” he told the newspaper El Comercio before indicating that the Executive did not submit any other requests or requests before the second. political process at which presented in Vizcarra.
For this reason, the magistrate added that “the TC cannot rule” on the second request for dismissal, although he expressed concern about the “polarized political environment” that Peru faces, where Merino is rejected by most of the citizens. and has not yet managed to form a cabinet of ministers.
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