TITLE V. CONSTITUTIONAL PROTECTIONS
Article 200
The following are the constitutional guarantees:
- The writ of habeas corpus, which operates in case of an act or omission by any authority, official, or person that violates or threatens individual freedom or related constitutional rights.
- The writ of amparo, which operates in case of an act or omission by any authority, official, or person that violates or threatens the other rights recognized by the Constitution, with the exception of those mentioned in the following subparagraph. It does not take effect against legal rules or court orders from regular judicial proceedings.
- The writ of habeas data, which operates in case of an act or omission by any authority, official, or person that violates or threatens the rights referred to in article 2, subparagraphs 5, and 6 of this Constitution.
- The writ of unconstitutionality, which operates against rules with the status of a law: laws, legislative decrees, emergency decrees, treaties, standing rules of Congress, regional general regulations, and municipal ordinances that infringe upon the Constitution either in form or in substance.
- Popular action, acción popular, which operates in case of infringement of the Constitution and the law, against regulations, administrative rules, and general resolutions and decrees, irrespective of the authority that issues these rules.
- The writ of mandamus, which operates against any authority or official who refuses to abide by a legal rule or administrative act, without prejudice to any legal liabilities.
Organic acts regulate the exercise of these protections and the effect of the declaration of unconstitutionality or illegality of a rule or statute.
The exercise of the writs of habeas corpus and amparo is not suspended during enforcement of the states of exception referred to in article 137 of the Constitution.
When petitions concerning these constitutional rights are filed with regard to restricted or suspended rights, the corresponding jurisdictional body examines the reasonability and proportionality of the restrictive act. The judge is not entitled to challenge the declaration of the state of emergency or siege.
Article 201
The Constitutional Court is the controlling body of the Constitution. It is autonomous and independent. It consists of seven members who are elected for five-year terms.
In order to become a member of the Constitutional Court, one must fulfill the same requirements as the Justices of the Supreme Court. Members of the Constitutional Court enjoy the same immunity and prerogatives as congressmen. The same incompatibilities apply to them, and they may not be immediately reelected.
Members of the Constitutional Court are elected by Congress with the positive vote of two-thirds of the legal number of its members. Judges and prosecutors who have not resigned their offices a year in advance are not eligible to be Constitutional Court magistrates.
Article 202
It is the duty of the Constitutional Court:
- To hear, in original jurisdiction, the writ of unconstitutionality.
- To hear, as a court of last resort, orders refusing petitions of habeas corpus, amparo, habeas data, and mandamus.
- To hear disputes over jurisdiction or over powers assigned by the Constitution, in accordance with the law.
Article 203
The following are entitled to bring a writ of unconstitutionality:
- The President of the Republic.
- The Prosecutor General.
- The head of the Judicial Branch, with the agreement of the plenary session of the Supreme Court of Justice.
- The Ombudsman.
- Twenty-five percent of the legal number of congressmen.
- Five thousand citizens, whose signatures shall be verified by the National Election Board. If the statute under question is a municipal ordinance, it may be challenged by one percent of citizens from the respective territorial division, provided that this percentage does not exceed the number of signatures cited above.
- Regional Governors, with the agreement of the Regional Council, or provincial mayors with the agreement of their councils, in matters within their jurisdiction.
- Professional associations on matters within their fields.
Article 204
The ruling of the Constitutional Court declaring the unconstitutionality of a piece of legislation is published in the official gazette. The law becomes ineffective on the day following such publication.
The ruling of the Court declaring a statute to be, wholly or in part, unconstitutional does not have retroactive effects.
Article 205
Once all legal resorts provided for by national legislation have been used and denied, the party deeming itself injured in terms of the rights granted by the Constitution may appeal to international courts or bodies established by treaties or agreements to which Peru is bound.
