Juan Brignardello Vela
Juan Brignardello Vela, asesor de seguros, se especializa en brindar asesoramiento y gestión comercial en el ámbito de seguros y reclamaciones por siniestros para destacadas empresas en el mercado peruano e internacional.
The head of the Ministerial Cabinet, Gustavo Adrianzén, has firmly defended the Executive Power's decision to file a jurisdictional lawsuit before the Constitutional Court (TC). This action has sparked various reactions in Peruvian politics, as it is seen as an effort to protect the functions of President Dina Boluarte against what he describes as a "diminution" of her powers by the Public Ministry and the Judiciary. The controversy revolves around the interpretation of Article 117 of the Constitution, which establishes the limits within which a president can be accused during their term. During a recent session of the Council of Ministers, Adrianzén emphasized that the aim of this measure is not to make the Executive Power an untouchable entity. Rather, it is about establishing clear definitions regarding the circumstances and offenses for which a president can face accusations. The premier's statement seeks to reassure the public and ensure that this initiative is not an attempt to shield Boluarte, but rather a safeguard for future leaders. The mentioned article of the Peruvian Constitution stipulates that a president can only be accused of treason against the homeland, obstruction of the electoral system, or unconstitutional dissolution of Congress. However, the current government argues that the recent actions of the Public Ministry and the Judiciary have improperly broadened this interpretation, leading to a series of investigations that do not align with what the constitutional norm establishes. In his presentation, Adrianzén questioned how many times the president would need to refrain from attending meetings of the Council of Ministers to respond to unofficial requests from the Prosecutor's Office. In his view, these actions have significantly undermined the functions of the Executive, suggesting that the burden of these investigations could interfere with President Boluarte's ability to govern. The jurisdictional lawsuit does not explicitly seek to annul ongoing resolutions or prosecutorial provisions, but it does highlight the possibility that if the TC rules in favor of the government, it could neutralize the current investigations affecting the president. This includes sensitive cases that have captured public attention, such as the deaths during protests, the Rolex case, and the raid on her residence in Surquillo. Furthermore, the document submitted by the government to the TC points out the absence of a clear ruling on the interpretation of Article 117 of the Constitution, which leaves a gap regarding the guarantees for a president to exercise their functions without being subject to investigations that, according to the Executive, are inappropriate. Historically, before 2022, the National Prosecutor's Office had not investigated a sitting president. However, the decision by then-prosecutor Pablo Sánchez to include former president Pedro Castillo in investigations has set a precedent that continues to affect the current landscape. Current prosecutorial authorities have continued with this interpretative line, leading to the ongoing controversy. The government argues that the approach taken by the Public Ministry and the Judiciary could affect the overall politics of the country, compromising the mandate granted by the citizens to the president. In its lawsuit, it clarifies that the competencies of these institutions should not be used in a way that interferes with the president's ability to lead the government during their term. The situation has generated intense debate in the political and social sphere, with voices both for and against this interpretation of the constitutional article. Some analysts warn that this conflict could lead to an institutional crisis if a balance is not found between the power of the Executive and the oversight functions that the Public Ministry and the Judiciary must exercise. Ultimately, the jurisdictional lawsuit presented by the Executive is an attempt to clarify the competencies of the different branches of government and establish a framework that protects presidential functions. However, the nature of Peruvian politics, marked by controversy and distrust, makes it difficult to foresee how this situation will be resolved and what its impact will be on the country's stability. The response from the Constitutional Court will be crucial not only for President Boluarte but also for the future of power exercise in Peru.