The PJ ordered Congress to “immediately take action” on an ordinance that calls for a hold on the change to the University Act.

Second Constitutional Court Superior Court of Lima today ordered the Congress of the Republic “immediate action” decision to suspend modification The Universities Act, which provides for, among other things, changes in the composition of the Board of Directors of Sunedu.

The administrative decision of the specified instance decided to order the parliament “to proceed with the suspension temporarily application of the modification of articles Nos. 1, 12, 15, 17, 20; and, the first final additional clause Law No. 30220as well as the application of Law No. 31520, under responsibility”.

Right to education

The court text indicates, among other things, that a decision by Congress to change the University Act could affect constitutional right to education.

“We are faced with a situation with a relatively long processing period affecting constitutional right to education and quality education protected; For this reason, it should be considered that yes there is danger in slowing down the process; all the more so considering that the rule to be promulgated has already been published Thursday, July 21, 2022,” the text reads.

As you know, the day before, despite the resolution invalidating the application for the so-called university counter-reform, Congress passed law 31520, which, among other things, changes the composition of the board of directors of Sunedu.

Same way Power of attorney suspending a law passed by Congress is not considered disproportionate claim for protection governing body of higher education.

“The order to suspend the execution of the modification (…), issued recently, does not disproportionate for the purposes of the protection process, the purpose of which is return things to their original state to the violation or threat of violation of the constitutional right, which in a particular case was protected; why is considered compliment said requirement,” the court said.

Finally, the court pointed out that “although the order to suspend the application of amendments to certain articles of the law entails various consequences”, it cannot be ignored that “just as every administrative act enjoys the presumption of legality, every judgment rendered in the constitutional process enjoys the appropriate presumption of constitutionality”.

“The Constitution has established as the power and duty even of the President of the Republic to “Respect and execute the sentences and orders of the judiciary”, as indicated in number 9 of Article 118 of the Constitution, without reservation to indicate that the specified provision corresponds only to “firm” judgments and decisions”, the ruling says.

Sunedu values ​​providing

Taking into account the measure prescribed Power of attorneySunedu issued a statement “welcome” said the decision.

“We welcome the decision of the judiciary to protect the right to quality education with granted protection Office of Higher University Education (SUNEDU), application failure to apply a rule promulgated by Congress which amends Law 30220 and regulation immediate action decision on a claim filed by this legal entity,” said the subject