Overview
- The Primera Sala Constitucional de Lima rejected Boluarte’s medida cautelar to pause the effects of the October 10, 2025 vacancia, so the congressional removal remains legally effective.
- The court ruled the defense’s objections need a full merits review and that a provisional injunction is not an appropriate tool to change an act that falls under Congress’s constitutional powers.
- Judges found there is not enough evidence that Congress materially blocked Boluarte from exercising her right of defense and said her absence from a parliamentary citation cannot yet be blamed on the legislature.
- Boluarte’s lawyers allege violations of due process, the right of defense, equality, honor and reputation and say she was notified with under an hour to respond; the court said those claims will be examined in the upcoming amparo trial.
- The main amparo suit will continue through ordinary judicial procedures and its final decision will determine whether the vacancia process complied with constitutional guarantees and could take months to resolve.