CONSTITUTIONAL COURT AS A CONGRESSIONAL BATTERING RAM AGAINST THE NATIONAL BOARD OF JUSTICE
DOI:
https://doi.org/10.17058/rdunisc.vi77.20965Abstract
This article examines the institutional crisis in Peru following major corruption scandals exposed by the Lava Jato and Los Cuellos Blancos del Puerto cases. These events revealed the capture of the justice system by political and economic networks. In response, the National Council of the Judiciary was removed in 2018 and replaced by the National Board of Justice through a constitutional referendum. Its purpose was to strengthen judicial integrity and independence. However, subsequent political developments show the consolidation of parliamentary control over other branches of government. Congress has repeatedly interfered with the Executive and judicial institutions, undermining their autonomy. Although institutions such as the Public Prosecutor’s Office, the National Jury of Elections, and the National Board of Justice have resisted these interventions, such resistance has entailed high institutional and personal costs. The article analyzes this process through the concept of constitutional decomposition, understood as the exercise of power without loyalty to the Constitution. It argues that the Constitutional Court has contributed to legitimizing parliamentary abuse of power. The article concludes that these practices threaten the separation of powers, fundamental rights, and the stability of liberal democracy in Peru.
