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 country's attention is focused on the imminent ruling of the Supreme Court regarding the criminal reform proposed by Congress, a topic that has generated intense debate in recent months. This Wednesday, December 18, the Full Chamber, led by Supreme Judge Javier Arévalo Vela, will pronounce on the viability of the modifications that, according to the Judiciary, do not align with the Constitution nor respond to an adequate criminal policy. Judge Arévalo has stated that it is imperative for Congress to understand that, although the creation of laws is its prerogative, these must be consulted with the Judiciary, especially when it comes to legislation that directly influences the country's criminal system. According to his statements, the lack of consultation has led to the creation of laws that lack a technical foundation and that may be detrimental to justice. The president of the Supreme Court emphasized that within the Judiciary, there are judges with extensive experience and knowledge in criminal law who could significantly contribute to the drafting of fairer and more effective laws. Many of them are recognized academics and authors of books on the subject, highlighting the need to include their perspective in the legislative process. Arévalo stressed that reforms must be a shared responsibility and not imposed unilaterally. In his opinion, criminal legislation cannot be treated superficially; each change must result from a deep and serious analysis. "Laws cannot be issued just for the sake of issuing them, especially in criminal matters," he warned, reflecting a stance that seeks to protect the integrity of the judicial system. The call for seriousness in lawmaking is not just a matter of formality; Arévalo highlighted that erroneous decisions can have serious consequences for the application of justice and public trust in institutions. "The Judiciary is very adamant in this respect. We do not agree with many of these legal provisions," he said, echoing the concern that persists in judicial circles regarding the quality of the proposed reforms. During the inspection of the Flagrancy Unit of the Arequipa Court, the Supreme Judge reiterated that any bill affecting the Judiciary should be sent for review before being approved. This consultation process, according to him, is a gesture of courtesy that could allow for the development of more robust legislation aligned with constitutional principles. Furthermore, Arévalo questioned the suitability of the congress members proposing these reforms, suggesting that many of them lack the necessary expertise to address such complex issues. The concern over the constant presentation of legislative projects without thorough analysis is an aspect that resonates in his discourse, pointing to a lack of responsibility in the drafting of laws that govern the criminal life of the country. The current situation poses a challenge not only for Congress but also for the Judiciary, which faces the need to adapt to the proposed changes. However, Arévalo has made it clear that any transformation must be discussed and consensual, rather than arbitrarily imposed. Thus, the anticipation for the Supreme Court's ruling is not merely a procedural matter but carries a profound significance regarding the relationship between the different branches of government and the importance of collaboration in the pursuit of a fairer and more effective criminal system. The future of criminal legislation in the country could depend on the ability of legislators and judges to work together in building a legal framework that truly serves the citizenry.