Peru Court Asks Senate to Pick Six Judges

PERU · CONSTITUTIONAL COURT

Peru’s Constitutional Court (TC), which has the last word on whether laws fit the Constitution, has asked the Senate to start choosing six new judges. Court president Pedro Hernández Chávez sent the request, made public on Friday 13 November 2026, six months before the terms of six of the seven judges end.

The Senate, the upper of Peru’s two chambers of Congress, now has to run a merit contest and vote. For foreign investors the outcome matters because this court decides challenges to mining, tax and energy laws.

What the Court Asked For

In official letter 161-2026-P/TC, Hernández Chávez asked the Senate to open the procedure to elect replacements for six judges. Law 28301, the court’s organic law, requires it to warn Congress at least six months before terms expire.

The five judges whose terms end on 13 May 2027 are Francisco Morales Saravia, Gustavo Gutiérrez Ticse, Helder Domínguez Haro, Luz Pacheco Zerga and César Ochoa Cardich. Manuel Monteagudo Valdez follows on 18 May 2027.

Judges serve five years and cannot be re-elected straight away. The court says starting early keeps the bench from having gaps.

How the Senate Will Choose

Under rules the Senate approved this year, a special committee runs a public merit contest, checks candidates, hears objections and ranks them. A candidate can earn up to 100 points, 70 for the curriculum (CV) and 30 for the interview.

The full Senate then elects the judges, and the vote needs two-thirds of its legal membership. Hernández Chávez, elected by Congress in December 2023, is the only current judge whose term runs on.

Why It Matters

The seven-member court decides whether laws and decrees are constitutional, so a new bench can shape how business laws survive challenge. Six of the seven judges leave within a week of each other, so the court faces a near-total change of bench.

The main test is whether the Senate can gather a two-thirds majority for six names. Our earlier report on another Senate appointment vote shows how the chamber handles such choices.

What It Means for You

Investors in Peruvian mining, energy and banking should watch who is shortlisted, because the court will rule on future challenges to their rules. The timetable gives roughly six months before the first terms end.

Travellers and expats are not affected directly. Our Peru news page tracks each step.

What Is Not Known

The dates of the contest, the names of candidates and the Senate’s reply are not yet known. We found no statement from the Senate president on the request.

Whether the two-thirds vote can be reached by May is also open. The outgoing judges stay in office until successors are sworn in, so the court will not close in the meantime.

Frequently Asked Questions

What did Peru’s Constitutional Court ask the Senate to do?

It asked the Senate to start choosing replacements for six of its seven judges. Their terms end in May 2027.

When do the six judges’ terms end?

Five end on Thursday 13 May 2027 and one on Tuesday 18 May 2027. They stay until successors take office.

How does the Senate choose Constitutional Court judges?

A committee runs a merit contest scored out of 100 points. The full Senate then elects with a two-thirds vote.

Who is the court president?

Pedro Hernández Chávez, elected a judge by Congress in December 2023. His own term does not end in 2027.

Sources: Constitutional Court of Peru, official letter 161-2026-P/TC, 13 November 2026; Organic Law of the Constitutional Court (Law 28301), articles 9 and 10; Constitution of Peru, article 201; Senate of Peru, special rules for electing Constitutional Court judges.

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