The president of Peru, Martín Vizcarra, affirmed that the head of the Permanent Commission of the Congress, Pedro Olaechea, "is usurping a charge" by having filed an action before the Constitutional Court (TC) to annul the dissolution of the Legislative dictated by the Executive.
"Mr. Olaechea is not president of the Congress and if he presents a document signing as president of the Congress he is breaking a rule, usurping a position that does not belong to him. He is president of the Permanent Commission," Vizcarra said during a work visit to the southern region of Moquegua.
The ruler stressed that Congress "has been dissolved using the support of the law, the Constitution and will be elected again on January 26" next.
Olaechea presented this Thursday before the TC a competition action, which he signed as president of the Congress, so that the dissolution of Parliament, ordered on September 30 by Vizcarra, will be canceled.
With that document, he ignored the closure of the Legislative, which only keeps the Permanent Commission in office until the next January parliamentary elections.
According to a statement from the Legislature, the Permanent Commission, which has among its most active members representatives of Fujimorism, authorized Olaechea on September 3 "to file said competence action and precautionary measure before the TC."
However, jurists have pointed out that Olaechea can be charged with usurpation of functions, a crime that contemplates a sentence of up to 7 years in jail, since Peruvian law establishes that competition actions must be approved by the full Legislative and not by the Permanent Commission.
In this regard, Minister Justice, Ana Revilla, said Friday that "the Constitutional Court will first see if that demand is admissible or not, because (Olaechea) is no longer the president of Congress."
"First the procedural issue has to be seen. It is the Constitutional Court that has to answer, not us," he emphasized before reiterating that the Government "has acted within the margins established by the Constitution."
Although both Vizcarra and its prime minister, Vicente Zeballos, have also pointed out that the Executive will abide by any ruling of the TC or the Judiciary on the subject, the latter acknowledged that any decision will be very difficult to apply after the January parliamentary elections.
After knowing the statements of Vizcarra, the Fujimorista legislator Héctor Becerril, who is part of the Permanent Commission, said that the ruler is the one who usurps functions.
"The one who is usurping functions of President of the Republic is rather the coupist Martín Vizcarra," he said after considering that the TC will reject the request presented by Olaechea because, he said, among his magistrates there are "communists."
The representative of Fujimori, Mario Mantilla, indicated in turn, that "he regrets the president's expressions" and that in Parliament's regulations "it is stated that the president of the Permanent Commission is president of Congress."
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