:quality(75)/cloudfront-us-east-1.images.arcpublishing.com/elcomercio/KMMU2BZ3OBHWVK6GHMITBKWCHI.jpg "Congress: Who are the four candidates selected to join the Constitutional Court? | principle")
Plenary session of Congress This Thursday, December 14, will elect a new magistrate of the Constitutional Court (TC), who replaced Augusto Ferrero Costa, who died in January of this year. This is after the special commission in charge of selecting candidates for members of the TC led by Idelso Correa (APP) released a report containing the names of four suitable candidates to be voted on.
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The four finalists ready to submit to the verdict of 130 members of Congress are: Pedro Hernández Chávez, Hernando Montoya Alberti, Justo Palmaceda Quiroz and Luis Alberto Carrasco García. Majority has no special status in constitutional law.
According to congressional sources, the candidate with the sympathies of the majority of parliamentary groups is Hernández Chávez, who topped the merit list of candidates declared fit for the TC with 95 points.
The election of a new tribunal will be the first item on Thursday’s agenda, the same sources indicated.
He will become the seventh member of the elite organization to reach 87 caps, joining Francisco Morales Saravia, Luz Pacheco, Gustavo Gutierrez Dix, Manuel Montegudo, Helder Dominguez and Cesar Ochoa. They were all elected by the legislative branch in the May 2022 process.
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Who are the candidates for TC Magistrate?
1. First place
Pedro Hernandez Chavez
Fit: reached 95 Points in the Eligibility Table of Candidates declared eligible for the Constitutional Court (TC).
The 51-year-old lawyer said in his application to Congress that he had taught law for fifteen years.
Hernández received a doctorate in law from the University of San Martin de Porres in 2010. In addition, he holds two Master’s degrees in Constitutional Law from PUCP and Universidad San Martin.
Currently, he works as a consultant at the Constitutional Court. He is a lawyer and general manager of his own law firm. He also works as a teacher at the Faculty of Law of the University of San Martin de Porres.
Earlier, he served as a consultant at ONPE from September 2021 to May 2022. According to his application, in this capacity he was responsible for advising, coordinating and guiding senior management on standards, processes, devices or matters required. of ONPE.
He also held the position of National Headquarters Legal Expert at the Election Commission. Likewise, he has been a key advisor to the Congressional Commission on Culture and Cultural Heritage (June – October 2020). In 2017, he was a key advisor to the office of former Fujimori Congresswoman Yesenia Pons. He has been declared a criminal offender by the Department of Justice and has an arrest warrant pending against him for the crime of common forgery.
Not the only position he held in the legislative branch was between October 2016 and March 2017, when he served as designated counsel to the National Security Agency. There he was responsible for investigating five topics related to the defense and interior departments during the Ollanda Humala government. Between August 2013 and July 2017, he was an advisor to then-Congresswoman Marisol Perez Tello.
His job description states that he also worked in the Public Ministry, Emilima, Renique and the municipalities of Miraflores, La Molina and Pueblo Libre.
He is the author of “Control of Power in a Constitutional State”. Foundations for a comprehensive theory of constitutional control. In addition, he has written various articles on constitutional law.
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2. Second place
Hernando Montoya Alberti
Fit: He scored 83.50 marks in the merit list of candidates declared fit for the Constitutional Court (TC).
In his application to Congress, the 77-year-old lawyer described more than fifteen years of experience in teaching university lectures on legal matters.
Hernández earned a doctorate in law from the Universidad Nacional Mayor de San Marcos, where he also completed his undergraduate studies until he received his law degree.
He is the author of three books and has published more than fifteen academic articles. From 1987 to the present, he is a partner in the law firm of Leon Parandiyaran, Montoya & Del Carpio Abogados SCRL. According to his resume, he is responsible for consultations of a commercial and civil nature. He also serves as the Head of the Consumer Protection Chamber at Integopi. He pointed out that on an average, he disposes of 300 cases a month.
Likewise, he is an adjunct professor at PUCP, where he teaches business law. He has also taught at the University of San Martin de Porres between 2003 and 2021; University of Lima, 1987 to 2016; and University of San Marcos, 2000 to 2019. Likewise, he has been a professor in other universities.
In addition, he has been a professor at the Academy of Justice, between 2000 and 2017. In 1986, he served as a consultant to the Office of the Minister of Justice.
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3. Third place
JUSTO FERNANDO PALMACEDA QUIROZ
Fit: reached 79.20 Points in the Eligibility Table of Candidates declared eligible for the Constitutional Court (TC).
The 45-year-old lawyer said in his application to Congress that he had taught law for fifteen years. He received his PhD in Criminal Law from the University of Navarra in 2013. At the same time, in 2001, he received his law degree from Beura University.
She also described in her resume that she participated in the preparation of a chapter of the book “Gender, an Unfinished Debate.” The Peruvian case and a Latin American perspective on gender. He is the author of three books on criminal law and has published articles in specialized journals.
From 2004 to 2009 and from 2013 to 2015 he was Professor of Criminal Law and Philosophy of Law at the Catholic University of Santo Toribio, Mogrovejo.
Currently, he serves as Dean of the Faculty of Law and Academic Vice-Rector of San Ignacio de Loyola University.
Palmaceda was the congressional candidate of the Contico Party in the 2020 special elections. The team didn’t win anywhere. Palmaseda received only 6,895 votes.
His contest was in suspense. In July, citizen Luis Giovanni Vázquez Mendivil filed a complaint against him and Hernando Montoya Alberti, but a special congressional commission declared them inadmissible.
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4. Fourth place
Luis Alberto Carrasco Garcia
Fit: reached 76.10 Points in the Eligibility Table of Candidates declared eligible for the Constitutional Court (TC).
The 57-year-old lawyer said in his application to Congress that he had practiced law for fifteen years. He received his PhD in Law and Political Science from the National University of Peru in 2016. He received his law degree from the National University of Trujillo in the nineties. Later, he received his master’s degree from Cesar Vallejo University’s International Graduate School.
He is the author of five books on constitutional law, though not exclusively.
He was the High Finance High Judge of the First and Second Appellate Chambers of Biura in 2012. A year ago, he was a Judge of the Third and Fourth Special Civil Courts of the same region. In recent years he has worked as an independent lawyer in constitutional and related law.
Currently, he works as a teacher in the doctoral and master’s program at the National University of Beura. Likewise, he is an undergraduate professor at the Law School of César Vallejo University.
Carrasco Garcia A former congressional candidate for the Union Por el Peru (UPP) in the by-elections to be held in January 2020 and is running for a second term in the general race.
He also ran for Somos Perú de Piura provincial councilor in the 2022 municipal and regional elections.
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On November 29, the four lawyers were declared eligible to be elected as new judges of the TC by a special committee chaired by Member of Parliament Idelso Correa (APP). The working group consisted of Roselli Amurus (Avanza Pais) as vice president and José Geri (Somos Perú) as secretary.
To be elected, candidates must secure two-thirds of the statutory parliamentary membership, i.e. 87 votes. In the event that no candidate receives the said support, a new pool of candidates will be presented.
Review the final report of the Special Committee here:
