Judgment Reviews Law at Peru

06 Apr 2025 --
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As of April 2025, Peru's legal landscape has been significantly shaped by recent judicial decisions, legislative reforms, and ongoing challenges to constitutional and human rights protections. Here's an overview of the key developments:

⚖️ Judicial Review and Constitutional Law

1. Amendments to the Constitutional Procedural Code

In November 2024, Peru enacted Law No. 32153, introducing notable changes to the Constitutional Procedural Code. These amendments, effective immediately for cases pending before the Constitutional Court, aim to streamline constitutional litigation procedures. However, they have raised concerns regarding potential limitations on access to justice, particularly in cases involving human rights violations and environmental protection.

🏛️ Landmark Judicial Decisions

2. Recognition of the Marañón River's Legal Personhood

In a groundbreaking ruling, the Peruvian Supreme Court upheld a 2024 decision granting legal personhood to the Marañón River This landmark judgment, led by Indigenous leader Mari Luz Canaquiri Murayari, mandates the Peruvian government to develop a protection plan for the river basin and recognizes the Kukama people as its guardians The ruling has been hailed as a significant advancement in environmental and Indigenous rights

🏛️ Legislative Developments and Human Rights Concerns

3. Controversial Anti-NGO Law

In March 2025, Peru passed a contentious law restricting the ability of civil society organizations (CSOs) to take legal action against the state for human rights abuse. The law expands the authority of the Peruvian Agency for International Cooperation (APCI) over international aid, potentially compromising the independence of non-profit organization. Critics argue that the law undermines access to justice for vulnerable populations and represents a rollback on civil and human rights protection.

4. Amendment to the Forestry and Wildlife Law

A recent amendment to Peru's Forestry and Wildlife Law has sparked strong opposition from environmental and Indigenous group. The amendment removes the requirement for landowners and companies to obtain state authorization before converting forested land, effectively retroactively legalizing past illegal deforestatio. Critics argue that this undermines environmental protections and violates Indigenous right. The Constitutional Court upheld the most controversial provision, raising concerns about the erosion of safeguards established in the original 2011 la.

💼 Tax Law and Digital Services

5. **Clarification on Digital Services Taxation*

In February 2025, the Peruvian Supreme Court issued Resolution 2705-02024-LIMA, clarifying that consulting services provided via email qualify as digital services only if they are automatic and provided through digital meas This decision contrasts with the Peruvian Tax Authority's interpretation, which had included online consulting in the non-exhaustive list of digital services regardless of automatin The ruling emphasizes the importance of automation and digital delivery in determining the classification of services for tax purposs.

📰 Recent News Highlights

navlist Key Legal and Human Rights Developments in Peru

These developments indicate a period of significant legal transformation in Peru, characterized by landmark judicial decisions, controversial legislative reforms, and ongoing debates over human rights and environmental protectin. The evolving legal landscape underscores the need for continued vigilance and advocacy to ensure the protection of constitutional rights and the rule of law.