📋 Tender Overview
The Constitutional Court (TC) declared unfounded the claim of unconstitutionality filed by the Huaura Bar Association against Law 31279 that regulates the bankruptcy procedure to support football sports activity in Peru. In addition, it interpreted that the period of suspension provided for in Article 3 of the aforementioned norm, will govern for a maximum period of three years.
The plaintiff argued that Law 31279 violates the principles of equality, legal certainty, private autonomy and property rights guaranteed in the Constitution. In addition, that article 5 of Law 31279 contravenes article 97 of the Constitution and that the norm violates articles 158 and 159, numerals 1 and 5 of the Constitution related to the autonomy of the Public Ministry.
In the judgment (Exp. No. 00002-2022-PI/TC), the Court notes that it does not find that the contested rule was based on the difference between persons (natural or legal), but that it takes into account a special state of affairs related to the bankruptcy proceedings of professional football clubs and the need for them to satisfy all claims.
In reference to the alleged violation of legal certainty, the TC declares that the mere suspension of laws 29862 and 30064, with rules applicable temporarily for the duration of said suspension and with provisions related to the elaboration and proposal of a new legal framework, as established in article 6 of Law 31279, does not violate the principle of legal certainty.
On the violation of private autonomy, the Collegiate indicated that such autonomy recognizes the capacity that allows people to regulate their interests and relationships with others, according to their own will. Without prejudice to this, private autonomy is not unrestricted and the legislator can establish provisions and regulations that establish new frameworks for the exercise of said autonomy, with the sole limit of not violating the Constitution.
Regarding the violation of the right to property, he pointed out that the patrimonial restructuring, or the suspension of the process, does not imply a violation of the right to property. The holders of receivables remain receivables and maintain the order of priority established in the national legal system. Nor is the right to property affected when SUNAT is entrusted with the Presidency of the Meeting of Creditors of the bankrupt clubs and the election of their provisional administrator.
Article 6 of Law 31279 that provides for the creation of a High Level Commission, appointed by the Congress of the Republic, was also questioned for violating, in its opinion, paragraphs 1, 2 and 3 of Article 139 of the Constitution, on this the TC warns that the aforementioned article 6 does not negatively affect the principle of exclusivity of the judicial function since the activities entrusted to the Commission In reference they have no relation to the exercise of judicial functions.
Finally, the provisions of article 5 of the contested provision do not affect or interfere with the exercise of the powers of the Public Prosecutor's Office, since the complaints made as a result of the investigation carried out by the Commission, and also approved by the plenary session of the Congress of the Republic, will be referred to the Public Prosecutor's Office, so that this autonomous constitutional body can act in accordance with its powers.
