The Third Constitutional Chamber of the Superior Court of Justice in Lima partially declared well-founded a lawsuit filed by former Attorney General Delia Espinoza against Congress.
Likewise, the Judiciary ordered her reinstatement as a permanent supreme prosecutor in the Public Ministry (Prosecutor's Office).
The former Attorney General sought to have Legislative Resolution No. 008-2025-2026-CR, published on December 5, 2025, declared null and void and without legal effect.
The measure barred her from holding public office for 10 years for alleged violations of Articles 38, 103, 109, 159 (paragraphs 1 and 4), and 166 of the Political Constitution.
According to the ruling issued Thursday by the Third Constitutional Chamber of the Superior Court of Justice in Lima, Espinoza's amparo lawsuit against Congress was partially upheld.
The judicial decision also declares that "(...) the effects of Congress' Legislative Resolution No. 008-2025-2026-CR and Congress' Legislative Resolution No. 007-2025-2026-CR, published on Dec. 5, 2025, are inapplicable to the plaintiff; and that matters shall be restored to the state existing prior to the violation or threat to the fundamental right (...)"
The ruling subsequently orders the reinstatement of Espinoza as a permanent supreme prosecutor, "provided that there is no administrative, judicial and/or other type of resolution ordering otherwise."
"Without prejudice to the authority of Congress to proceed, in accordance with its constitutional powers, in relation to the acts attributed to the plaintiff as constitutional violations and the alleged commission of duty crimes, while guaranteeing her the unrestricted respect of her fundamental rights," the second part of the judicial decision states.
The ruling was approved by judges Suarez Burgos, Paredes Flores, and Aguilar Gaitan, although the latter issued a separate vote.
On the other hand, the Congress plenary approved on May 7 a legislative resolution proposal seeking a new 10-year disqualification from holding public office on the former Attorney General for the alleged violation of Articles 45, 93, and 139, paragraphs 3 and 5, of the Constitution.