Peru was the seat of the Incan empire, which spanned from northern Ecuador to central Chile until its collapse when the Spanish arrived in 1533. Mestizos - Peruvians of mixed indigenous and Spanish descent - make up approximately 60% of the country’s population, while 25% are Quechua, an indigenous South American community. Minority populations in Peru include the Aymara and people of Japanese ancestry whose ancestors came to Peru at the beginning in the late 19th century to work in the sugar and rubber plantations. Peru’s official languages are Spanish, Quechua, and Aymara.
Peru achieved independence from Spain in 1824. A period of military dictatorships followed until Manuel Pardo was elected Peru’s first civilian president in 1872. Throughout the 20th century, civilian rule in Peru was interrupted by military coups. In 1978, a popularly elected Constituent Assembly drafted a new constitution. Peru’s economic struggles and deep social inequalities, however, led to the rise of a rebellion against the government in the 1980’s. A university professor inspired by the ideas of Marx, Lenin, and Mao, led an insurgency movement, the Shining Path, in a campaign of bombings and assassinations intended to overthrow the government. At its height, Shining Path controlled parts of 114 (out of 196) provinces. In 1990, President Alberto Fujimori launched a widespread campaign against Shining Path leading to the apprehension of its leader. Although Shining Path’s influence was greatly diminished, small numbers remain active in some rural areas.
Fujimori’s term in office was marked by authoritarian governance, human rights violations, and corruption. Accused of these crimes, Fujimori fled to Japan in 2000 and was indicted in absentia. In 2001, Alejandro Toledo, Peru’s first democratically elected Quechua president, took office and a Truth and Reconciliation Commission was established to investigate human rights abuses committed by the Fujimori government and Shining Path guerillas. In 2005, Fujimori was arrested in Chile, extradited to Peru, and convicted of human rights violations.
Legal System
Peru is a presidential republic with a civil law system. The 1993 Constitution established three branches of government headed by a popularly elected President who is limited to a single five-year term. Members of Peru’s unicameral legislature, the Congress, are popularly elected to five-year terms and can only be re-elected if their terms are nonconsecutive.
The Judiciary
Peru’s judicial branch includes the Supreme Court of Justice, the Superior Court, Specialized or Mixed Courts, and Justices of the Peace Courts. The Constitution also created five autonomous bodies: the Constitutional Court, the National Jury of Elections (to oversee elections), the National Board of Justice, the Public Prosecutor’s Office, and the People’s Defender.
Court Structure
Peru’s court system combines formal and informal justice sectors and enables structural flexibility to meet the needs of its different regions. The country is divided into 35 judicial districts, each headed by a Superior Court.
Supreme Court of Justice
The Supreme Court of Justice hears appeals from the Superior Courts as well as a limited number of first instance cases designated by the law. Sitting in Lima, the court has 18 justices. The Chief Justice is selected by peers for a term of two years. The Court has three principal chambers (criminal, civil, labor/constitutional) and three transitional chambers. Each chamber has five judges. Decisions are made by a simple majority of the justices in the chamber.
Superior Courts
There is a Superior Court in each judicial district that hears criminal cases and appeals from decisions of the Specialized and Mixed Courts. The Superior Courts have subdivisions: civil, criminal, labor, family, and commercial. Each court has five justices, including the President. A simple majority of a Superior Court panel is required to render a decision. Court Presidents are elected to a two-year term by an absolute majority of the other justices. If no candidate receives a majority, there is a runoff between the two candidates with the most votes. The presidents of each regional superior court elect the President of the entire Superior Court.
Specialized or Mixed Courts
Peru has different types of Specialized or Mixed Courts, depending on the needs of the judicial district where they are located. Courts often specialize in a specific area of law (e.g. criminal, civil, commercial, labor); in regions with less litigation, courts of mixed or combined jurisdiction handle all types of cases. In 2018, Peru created an Environmental Court in the Amazonian City of Puerto Maldonado in response to growing instances of illegal mining and deforestation in the region. Specialized or Mixed Courts have appellate jurisdiction over cases from the Justice of the Peace Courts.
Justice of the Peace Courts (JP Courts)
Justice of the Peace Courts (JP Courts) - an entity distinct from Justices of the Peace - are courts of first instance and have appellate jurisdiction over rulings by Justices of the Peace. They serve cities and towns. Their judges are legally trained and apply codified national law. JP Courts adjudicate similar types of disputes as Justices of the Peace. In areas where there are both Justices of the Peace and JP Courts, claimants can select either forum.
Justices of the Peace
The first-level judicial bodies in rural and remote areas are individual Justices of the Peace. The justices are elected by local communities and are not required to have legal training. Their nominations are ratified by the Superior Court of the judicial district in which they sit. Justices of the Peace primarily resolve disputes related to alimony, child support, evictions, and land demarcation disputes and apply principles of equity and customary law rather than civil code provisions.
Constitutional Court
The Constitutional Court is an autonomous and independent body in Peru’s legal system. While the lower courts have first instance jurisdiction over constitutional matters, they must apply the constitutional interpretations issued by the Constitutional Court. In addition to reviewing constitutional questions on appeal, the Court may issue writs declaring a law or regulation unconstitutional or affirming that a public institution’s conduct exceeds its constitutional mandate. The Court has seven members who are appointed by Congress for a single five-year term.
National Board of Justice
The National Board of Justice (JNJ or Junta) is an autonomous institution that oversees the selection, hiring, and evaluation of prosecutors and judges. The JNJ was established to replace the National Council of the Magistracy/National Judiciary Council after a series of audio recordings were published in July 2018 revealing a network of judges allegedly discussing bribes and criminal sentencing with prominent members of the business community and organized crime. The JNJ consists of seven members who are appointed to five-year terms by a special commission that includes representatives from the judiciary, Public Prosecutor’s office, and academia.
Judicial Selection
When the judiciary seeks to fill positions within the courts, the JNJ posts an announcement in the Official Gazette El Peruano, major newspapers, and on the JNJ website. Applicants participate in a merit-based selection process that includes a knowledge-based exam, a review of professional qualifications, a judicial case study, and a personal interview. Applicants receive a score for each component. Candidates for the judiciary also must successfully complete an induction program administered by Peru’s Judicial Academy.
To be eligible for a judicial position, one must be a Peruvian citizen by birth, have a law degree, and have no record of criminal conduct or professional discipline. Any eligible candidate may apply to be a Justice of the Peace or Supreme Court Justice. However, 30% of vacancies on the Specialized/Mixed Courts and Superior Courts are reserved for promotions from the lower courts. To be eligible for promotion, a judge must attend the Training Program for Promotion administered by the Judicial Academy.
In addition to successfully completing the qualifications process, candidates for the Supreme Court must be at least 45 years old and have been a Superior Court judge or prosecutor for ten years or a lawyer or law professor for 15 years. Superior Court judges must be over 35 years of age, served as a judge or prosecutor with the Mixed or Specialized Court for five years or have ten years of legal practice or law teaching. To be eligible for a Justice of the Peace Courts, candidates must be at least 25 years old, practiced or taught law for three years or have served as a court reporter for two years or clerk of court for four years.
The legal retirement age in Peru is 65. Judges may serve until the age of 70.
Judicial Evaluation
Every seven years, the JNJ evaluates the performance of judges and prosecutors at all levels. The JNJ can issue sanctions against prosecutors and judges, including warnings, suspensions, or dismissals.
Evaluations are based upon a review of judges’ judgements and sentences, including their legal justifications and coherence. Judicial decisions are evaluated based upon 17 factors developed by the Council of the Magistracy, the JNJ’s predecessor institution. A judge or prosecutor who is not recertified by the JNJ may not reenter the judiciary or government. Every three and a half years, the JNJ and Judicial Academy conduct a partial performance evaluation of judges and prosecutors in preparation for the recertification process.
Public Prosecutor's Office
The Public Ministry of Peru, also known as the Prosecutor’s Office, is the primary institution for charging and prosecuting crimes. The Office is led by the National Prosecutor and consists of Supreme Prosecutors, Superior Prosecutors, Provincial Prosecutors, and Deputy Prosecutors, reflecting the courts in which they work. The Office also has Specialized Prosecutors, who focus on specific crimes such as drug trafficking, anti-corruption, and organized crime. The National Prosecutor is elected by the Board of Supreme Prosecutors for a three-year term and may be re-elected for an additional two-year term.
People's Defender
The Ombudsman’s Office or People’s Defender of Peru was created in 1993 as an autonomous body charged with protecting citizens’ rights and oversight of the government’s provision of services. The Office has issued warnings to the government for conditions in the prisons, access to legal housing, and attacks on journalists. The Office is headed by the National Ombudsman/Public Defender who is elected by Congress for a five-year term. The People’s Defender has 40 offices around the country that assist vulnerable populations navigate the legal system.
Environmental Law
Peru’s constitution recognizes a fundamental right to “enjoy a balanced environment.” This provision been interpreted as imposing an affirmative duty on the government to protect the environment and support conservation. In 2018, parliament enacted a legislative framework to address deforestation, land use, the management of solid waste, and energy systems. That same year, the country’s first specialized environmental court, juzgado ambiental was established. The court has administrative, criminal, and constitutional jurisdiction to adjudicate cases involving illegal mining, deforestation, wildlife trafficking, and environmental crimes. The majority of cases on the court’s docket involve illegal mining and deforestation.
In 2024, the Inter-American Court of Human Rights issued a landmark judgment against Peru, finding that the government failed to control toxic levels of industrial pollution in violation of the Inter-American Convention for Human Rights which guarantee a right to a healthy environment. In 2006 lawyers for families in a small Andean community presented evidence to authorities linking 100 years of industrial smelting to toxic levels of lead and other heavy metals in the blood of La Oroya residents. After years of investigation and litigation, the Court awarded financial compensation for victims and ordered Peru to stop the ongoing pollution, eliminate toxic metals in the soil, and provide health care for those in the community harmed by the pollution.
Access to Justice: ALEGRAs and the AURORA Program
The Ministry of Justice and Human Rights (MINJUSDH) is an executive branch department that promotes human rights and access to justice for vulnerable populations. MINJUSDH provides public defense services throughout Peru for criminal matters and civil counsel for family, labor, and administrative law matters. Forty legal assistance centers, or ALEGRAs, are located throughout the country, offering legal and mediation services. Six mega ALEGRAS in more populated areas also provide social workers and health services. The ALEGRA centers offer daycare; a 2017 survey found that 95.2% of those receiving ALEGRA services were women.
The Ministry of Women and Vulnerable Populations provides legal services through its National Program for the Prevention and Eradication of Violence against Women and Family Members (AURORA). AURORA administers Women Emergency Centers (CEM), which offer legal assistance in coordination with MINJUSDH as well as psychological and social services. The program operates Institutional Attention Centers (CAI) which provide psychological counseling and social services for male perpetrators of violence against women. Judges in Peru can refer men serving sentences for domestic violence crimes to these centers for “re-education” to mitigate recidivism.
