He Constitutional Court (TC) admitted for processing the claim of unconstitutionality presented by the Loreto Bar Association against the sole article of the Law 32537, which expands the questioned Comprehensive Registry of Mining Formalization (Reinfo) until December 31, 2026.
He Constitutional Court (TC) admitted for processing the claim of unconstitutionality presented by the Loreto Bar Association against the sole article of the Law 32537, which expands the questioned Comprehensive Registry of Mining Formalization (Reinfo) until December 31, 2026.
The lawsuit is also against he article 3 of Legislative Decree 1695as soon as it modifies the articles 307-A and 307-F of the Penal Code. The decision was adopted by an order issued on August 7, 2026.
The lawsuit questions the extension of the validity of the comprehensive mining formalization process and the modifications incorporated into the Penal Code regarding illegal mining.
The TC ordered the transfer of the process to Congress of the Republic and to Executive power so that they appear and answer the claim within a period of 30 business days from its notification.
The Loreto Bar Association maintains that the challenged regulations violate various principles and constitutional rights, including the right to enjoy a balanced environment, access to environmental justice, the right to equality before the law and the right to health. It also raises concerns about the rights of vulnerable populations and questions the transitory nature of the mining formalization regime.
According to the lawsuit, the extension of the comprehensive mining formalization process linked to the Comprehensive Mining Formalization Registry (Reinfo) would have generated an immunity regime for those who carry out informal mining activities. The professional association maintains that registration in said registry would allow one to avoid criminal liability even when there is no authorization from the competent administrative entity.
The Loreto Bar Association also argues that the mining formalization process has been going on for more than two decades and that its extension would have violated the exceptional and transitory nature with which it was established. Likewise, it points out that the questioned norms contradict what was established by the TC in the ruling corresponding to the File 00017-2023-PI/TC.
The Constitutional Court indicated that the accessory claims raised by the professional association—such as the request to declare that the mining formalization process and the associated immunity regime are not in force, as well as the unconstitutionality due to the connection of other provisions—will be evaluated in the corresponding procedural stage, at the time of issuing a ruling.
The order indicates that the Loreto Bar Association is entitled to present the lawsuit and that it was filed within the period established by the New Constitutional Procedural Code. The Law 32537 It was published on December 26, 2025 and Legislative Decree 1695, on January 20, 2026.
