Pedro Castillo announced this Wednesday that would temporarily dissolve Congresshours before the legislative body met for a motion of censure against the president and approved his dismissal.
Castillo’s announcement, made through a national chain message, raised questions about the situation in Peru, especially since a wave of ministers’ resignations was subsequently announced, and because Congress ratified that it will hold its session anyway.
But what does the Constitution of Peru say about it? The constitutional text gives the president the power to dissolve Congress, but only in some cases.
Castillo’s decision to dissolve Congress is considered an unconstitutional measure, according to the consensus of constitutional analysts in that country.
In accordance with article 134, the President of the Republic is empowered to dissolve Congress “if it has censured or denied its confidence in two Councils of Ministers”, something that has not happened in the country.
The precedent that exists is that, on November 11, the Peruvian Congress refused to address the question of confidence requested by the Executive. Days later, Castillo, accepted the resignation of the president of the Council of Ministers, Aníbal Torres.
The official had submitted his resignation after the board of directors of Congress agreed by majority to “reject outright” the question of confidence raised by the official to modify the norm that regulates the call for a referendum. José Williams, president of the Legislative Branch, explained at that time that the question of trust had not been presented in accordance with the law but with “prohibited matters for the approach” of such a mechanism.
Even if the legality of this request for confidence was a matter of debate, a second censorship or denial of confidence by Congress towards the Council of Ministers would be lacking, something that has not happened, and which puts Castillo’s decision to dissolve the legislative body in the field of illegality.
This Wednesday was the tThird attempt by Congress to vote on a vacancy motion against President Castilloand the fifth for a sitting president in the last five years.