Constitutional Law

Constitutional Law affects and has an impact on the different areas of law. Therefore, we talk about the "constitutionalization of the law" or the "transverse effect of Constitutional Law." The Firm takes on this perspective and, therefore, has a highly specialized team with extensive experience and background in the defense of fundamental rights and constitutional principles, as well as democratic values. In addition, the Firm takes on the “conventionalization of the Law" perspective, in order to protect fundamental rights pursuant to international treaties on human rights and resolutions of the bodies that construe and apply them.

We provide ongoing legal advice to public and private entities on the most relevant and important constitutional matters of the country. Likewise, we represented clients in various processes in defense of constitutional rights and principles, not only before the Judiciary but also before the Constitutional Court (habeas corpus, Amparo actions, unconstitutionality, compliance, habeas data, jurisdiction, and class actions). We successfully represented the main companies of Peru in their various constitutional proceedings, whether as plaintiffs or defendants. For example, we successfully represented an important company in the hydrocarbon sector that was sued by some minority shareholders, we succeeded in obtaining the dismissal of the claims and precautionary measures −in the Judiciary and the Constitutional Court− aimed at rendering corporate agreements valued in over USD 750 million null and void.

Some of our lawyers collaborated in drafting several key matters of the current Constitution (1993), at the Commissions constituted for its amendments and preparing the Draft Bill on the Constitutional Procedural Code that was approved by the Congress and is still in force. Even some lawyers have been appointed as expert witnesses by the Inter-American Commission on Human Rights in cases of special significance that have been decided by the Inter-American Commission on Human Rights. Additionally, they frequently receive queries as they are considered opinion leaders in constitutional matters.

The Firm has always been characterized by its commitment and sense of responsibility to the country, not only at a professional level, but also in pro bono work. For example, the Firm has been successfully representing a same-sex Peruvian couple, who got married in the city of New York (State of New York, USA), in their claim for their marriage to be recognized and registered in Peru. Likewise, we successfully represented a person with a mental disability, achieving a historical resolution that applied the Convention on the Rights of Persons with Disabilities for the first time in Peru.