PERU Law and Practice Contributed by: Renzo Salvatore Monroy Pino, Roberto Shimabukuro Miyasato, Anibal Jong Urtecho Gómez and Alexander Montenegro, Monroy & Shima Abogados
1. General 1.1 General Characteristics of the Legal System Peru’s legal system is based on civil law, which means it primarily relies on comprehensive written codes and statutes rather than judicial precedents. The litigation model is adversarial, where opposing parties present their cases while judges serve as impartial arbiters who resolve disputes without actively investigating cases themselves. This system allows each side to present their strongest arguments while the judge maintains neutrality. Peruvian legal proceedings combine both written sub- missions and oral arguments. While criminal cases have traditionally featured oral hearings during the trial phase, civil proceedings are now adopting more oral elements too. This new civil orality model helps consolidate multiple procedural steps after the initial filing stage is complete, making the process more effi- cient and accessible. This balanced approach aims to preserve thorough documentation while promoting direct interaction between all parties involved. 1.2 Court System Peru’s judicial system is organised into judicial dis- tricts, each containing courts that handle cases at both first and second-instance levels. When spe- cific requirements are met, disputes may reach the Supreme Court of Justice, which serves as the high- est court in the country. This hierarchical structure ensures that cases can be reviewed at different levels, providing opportunities to correct potential errors in judicial decisions. The courts operate by specialism, with dedicated courts for civil, criminal, constitutional, administra- tive and labour matters. However, due to budget and organisational constraints, civil courts often handle constitutional, administrative or labour cases when specialised courts are not available, while mixed courts may operate in some areas to consolidate functions. The time to reach trial varies considerably, typically ranging from three months to one year if there are no notification issues or deliberate delay tactics by opposing parties, with timeframes also depending
on the nature of the dispute and the procedural path followed. 1.3 Court Filings and Proceedings Court files in active proceedings in Peru are confi- dential and accessible only to the parties involved in the case. Once legal proceedings have concluded, these files are sent to archives where they become available for public review. This system balances the privacy needs of ongoing cases with the principle of transparency after resolution. Currently, Peru offers a digital platform for check- ing the status of court cases, with the exception of criminal litigation, which remains confidential. Anyone can access this information by providing basic details such as the judicial district, court level, specialism, year, case number and the name of one of the parties. This platform enhances transparency while maintain- ing appropriate privacy protections, allowing citizens to track case progress without compromising sensi- To practise law and represent clients in Peruvian courts, individuals must hold a professional law degree issued by a Peruvian university or have a foreign law degree validated by the National Superintendency of Higher Education (SUNEDU) in Peru. This educational requirement ensures that all legal representatives have appropriate training in the Peruvian legal system and applicable laws before appearing in court. Additionally, lawyers must register with one of Peru’s bar associations and maintain active membership status to practice. Foreign lawyers cannot conduct cases in Peruvian courts unless they complete the degree validation process through SUNEDU and join a local bar association. These requirements establish professional standards and ethical oversight for all legal practitioners appearing before Peruvian courts, regardless of their country of origin. tive information in active proceedings. 1.4 Legal Representation in Court
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