Peru

Legal tradition

Peru belongs to the civil law tradition. A civil-law system under the 1993 Constitution, with a Constitutional Tribunal and a consolidated Code of Constitutional Procedure that gathers the amparo, habeas corpus, habeas data and the popular action into one statute. Peru's distinctive feature is institutional instability produced by the constitutional relationship between President and Congress: censure of ministers, presidential dissolution of Congress and vacancy for moral incapacity have all been used repeatedly since 2016.

How power is divided

Unitary and decentralised, with twenty-five regional governments and the Lima Metropolitan Municipality holding elected councils and administrative competence. Peasant and native communities exercise jurisdiction within their territory under Article 149 in coordination with the justices of the peace.

Where law comes from

Constitution and ratified treaties

Treaties in force form part of national law; human-rights treaties guide interpretation.

Statutes and legislative decrees

Congress may delegate legislative power to the executive on defined subjects.

Codes

Civil Code (1984), Penal Code (1991), Code of Constitutional Procedure (2021).

Binding precedent

Constitutional Tribunal precedent and Supreme Court plenary agreements bind lower courts.

The legal profession

A law degree followed by a bachiller and título de abogado, then compulsory registration with one of the departmental colegios de abogados, which hold disciplinary power. Registration in one college permits practice nationwide. Notaries are a separate profession appointed by competitive examination.