The Political Trial as Objectiveness of the Cause of Presidential Vacancy due to Permanent Moral Disability in the Political Constitution of Peru

Centty Villafuerte D.B.; Rosado Torres I.M. · Cuestiones Constitucionales (2023) · DOI: 10.22201/iij.24484881e.2023.48.18036

Resumen

The present investigation demonstrates that the process of presidential vacancy as a result of a political trial that follows the parliament to the president of the republic for his permanent moral incapacity, in light of the constitutional doctrine (judgment of the TC No 0006-2003-AIITC) it is a valid constitutional process contrary to what some jurists and political actors affirm. We consider, in the light of comparative law and doctrine, that impeachment for misconduct in the function or moral incapacity in the exercise of the function committed by the president, respecting the right to due process that objectively proves acts of corruption, deficiency serious in the management of the public and excesses that affect the balance of powers; that generate a crisis of profound governability. It must be regulated in article 117 of the Constitution as part of the political trial known as constitutional accusation, so that this trial is not only for violating the constitution.

Instituciones: Universidad Nacional de Moquegua