Abstract

BERMUDEZ-TAPIA, Manuel. The Political Control of the Peruvian Congress to the Actions of the Executive in States of Emergency Due to a Pandemic. Opin. jurid. [online]. 2020, vol.19, n.spe40, pp.341-367.  Epub Sep 20, 2021. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v19n40a17.

The relation between the Congress of the Republic and Peruvian National Government is regulated by the Political Constitution of 1993. In the Constitution are established the dialogue mechanisms, control and counterweights both in the political as in the realms of the administrative assessment of public management for guaranteeing the governability of the country. Nonetheless, the Peruvian context bet ween 2018-2020 allows the creation of special social, political and constitutional contexts, particularly because in the aforementioned period there has been a presidential resignation, a dissolution of the Congress and a state of emergency.

This study was aimed by a descriptive method, especially because of the special and historically unique republican situation of Peru, in which there were no registers of political counterweights system after the dissolution of Congress by the Executive power (in September 2019), a fact that allows the creation of a particular context that also allows the analysis of the parliamentary interregnum period (2019-2020), followed by the state of emergency caused by the COVID-19 pandemic (March-June 2020), which generates qualitative and causal research. As a result of this assessment, a particular situation is detailed. The executive Power has not executed acts of abuse of its position but has developed a legislative production that must be assessed in conformity with the 104th, 118th, 135th and 137th articles of the 1993 Political Constitution, with which there would be a return to a Rule of Law with the coexistence of political counterweights in a democratic manner.

Keywords : parliamentary law; control and counterweight among the State; the relation between the Executive and the Congress; governance in Peru; state of emergency; delegation of legislative faculties; control of the legislative faculty of the Executive.

        · abstract in Spanish | Portuguese     · text in Spanish     · Spanish ( pdf )