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 recent approval by the Congress of the Republic of a substitute text for the creation of a Special Multidisciplinary Commission tasked with drafting a new Penal Code has sparked a wave of criticism and concern, particularly from the Lima Bar Association (CAL). This organization has expressed its opposition to the idea of congress members taking on a task that they believe should be carried out by experts in the field, rather than being subjected to the current political interests that may influence the legislative process. The CAL argues that the drafting of a new Penal Code is a responsibility that requires a technical and specialized approach, which cannot be guaranteed if the process is left in the hands of legislators. "The creation of a Penal Code should be a collective and plural effort, integrating the voices of prominent jurists from various public and private institutions, ensuring a result aligned with the principles of a democratic and social rule of law," stated the institution. Among the most forceful criticisms is the call for Congress to delegate these powers to the Executive branch, so that a reforming commission composed exclusively of criminal law experts can be formed. This would ensure a more rigorous process that aligns with the needs of the country, as well as with international standards regarding human rights, which, according to the CAL, Congress has begun to ignore. The CAL has also scrutinized the recent modifications to the Penal Code that have been approved in Congress, highlighting that these changes have been made in a disorganized manner and without a comprehensive public policy framework. From their perspective, this not only weakens the justice system but also generates distrust among citizens towards legislative work, a critical aspect in the current context of the country. Additionally, the organization has emphasized the need for the new Penal Code to be a coherent and systematic text that not only clearly defines crimes and corresponding penalties but also aligns with international human rights treaties. This requirement becomes a fundamental pillar to ensure that reforms are not only effective but also respect the commitments made by the Peruvian state to the international community. Concerns regarding the direction of the legislative process in criminal matters have intensified, especially surrounding proposals that seek to limit judicial oversight and criminalize the actions of judges and prosecutors. They warn that this could have severe consequences for judicial autonomy and the rule of law, which are fundamental pillars in any democracy. In this context, the CAL has reiterated its commitment to collaborating in the construction of a modern and fair Penal Code, providing its expertise and technical knowledge. However, they have urged authorities to consider their suggestions and to ensure that this reform truly addresses the needs of the country, as well as international standards. In conclusion, the creation of a new Penal Code is a topic that requires priority attention and a consensus-based approach involving expert participation. The CAL's criticism of Congress is not merely an expression of disagreement but a call for reflection on the importance of having a legal framework that effectively serves society and respects international norms. The community hopes that from now on, the legislative process will be conducted with greater seriousness and commitment towards a reform that genuinely benefits the country.