he Congress of the Republic The executive regulations were published House of Representatives and SenatorsIn it Official Gazette of PeruanoThursday 13 November. Among the powers of Parliament is to declare the position of the Presidency of the Republic vacant, although on this occasion the decision must be approved in both chambers.
Three leaders were removed from their positions under this number: Martín Vizcarra, in 2020, Pedro Castillo, in 2022, and Dina Boluarte, in 2025.
Article 193 of the Code Congressional Legislative Resolution No. 005-2025-2026-CR It exposes the procedures for the vacancy of the position of President of the Republic due to permanent moral deficiency.
The request for a vacancy is submitted through a motion on the agenda signed by at least 39 deputies. Here they must prove what they rely on and rely on the necessary documents. For this, board of directors The Chamber may request the aforementioned information from any public or private institution, provided that it is delivered immediately and under penalty of liability.
“It has priority in discussion and is presented before any other motion pending on the agenda. Once the request is received, a copy thereof shall be sent, no later than the next business day, topresident“, reads the document.
Then, on the third day, the Speaker of the House of Representatives calls for support for the proposal from the signing legislator. For admission approval, 40% of eligible parliamentarians are needed; If all members of Congress were included, the number would be 52.
In this way, the plenary session agrees on the day and time of discussion, between the third and tenth days from the date of acceptance. After the request is upheld, the alternate President of the Republic, or his lawyer, must present his defense for one hour. If neither of them is present, the process continues.
The agreement proposing a presidential vacancy due to moral incapacity requires the votes of at least 87 deputies. Thus, the Presidency of the Council will appoint three members to present it before the Senate. The agreement will be sent to the President of the Republic and the President of the Senate on the same day to continue the process.”
Article 193 of the Code Congressional Legislative Resolution No. 006-2025-2026-CR Provides that the process of vacancy due to death, permanent moral or physical disability, resignation, departure from the national territory without permission of Parliament or failure to return within the specified period shall continue in the Senate.
After sending the resolution to the House of Representatives with its file, the President of the Senate, with prior approval of the House of Representatives, determines the day, hour, and rules of discussion and voting. Then he summons the representatives appointed by his council and the president.
At that session, the appointed representatives will support the motion for up to one hour. The agent or his lawyer may then speak to present his defense at the same time. The absence of the accused does not disrupt the procedure.
After that, senators will participate in the discussion. Once completed, a vote will be taken on the vacant position.
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