Dina Boluarte does not want to be investigated, by Federico Salazar | Opinion

government Boluarte Claims of protection from investigation, raid, or seizure.

The main argument of the lawsuit states that the investigation affects the competence of the President of the Republic to direct the general policy of the Government. It also appeals to Article 117 of the Constitution (El Comercio, July 8, 2024).

The President “may be charged only with treason during his term of office; with preventing presidential, parliamentary, regional or municipal elections; with dissolving Congress (…) and preventing its meetings or functioning, or with preventing the meetings or functioning of the National Electoral Jury and other bodies of the electoral system” (Article 117).

In 2022, former State Prosecutor Pablo Sánchez included former President Pedro Castillo in a preliminary investigation. He guaranteed that his defense would be respected and “respect for Article 117 of the Peruvian Political Constitution.”

The Constitution sets limits on the impeachment of a sitting president. “Investigation” is not an interpretation of “prosecution.” In layman’s terms and in the legal world, “charge” refers to a specific part of the criminal prosecution process.

The protection of the presidential figure does not exclude any criminal behavior. It just postpones “impeachment” until it is authorized. The president should not appear before the judge. This will affect his ability and the conditions for directing the general government policy.

Responding to a summons by the State Prosecutor does not reduce the authority or rank of one branch of the State relative to another. The public ministry is not part of the State power structure like the judiciary and the executive.

On the other hand, Pedro Castillo and Boluarte They are able to direct the overall policy of the government and respond to tax subpoenas. There is no reduction in mission, management or authority.

president Boluarte You can’t expect not to be investigated. Unfortunately, the presidential team he joined does not support him. Its owner, Pedro Castillo, is in preventive detention. His other running mate, Vladimir Cerrón, is a fugitive.

The TC must resolve whether the President has been wrongly “accused” or whether there is a conflict of power between the two powers of the state.