PERU Law and Practice Contributed by: Renzo Salvatore Monroy Pino, Roberto Shimabukuro Miyasato, Anibal Jong Urtecho Gómez and Alexander Montenegro, Monroy & Shima Abogados
10.5 Court-Imposed Conditions on Granting an Appeal In Peru, courts impose conditions when granting appeals, primarily regarding suspensive effects. Appeals “with suspensive effect” automatically stay enforcement of challenged decisions, while those “without suspensive effect” allow lower-court deci- sions to remain enforceable during appeals. The Civil Procedure Code specifies which decisions qualify for each type, with final judgments generally receiving suspensive effect and interlocutory decisions typically remaining enforceable. Even for appeals without auto- matic suspensive effect, appellants can request stays by providing security bonds proportional to potential damages. Additional conditions apply for Supreme Court cassa- tion appeals, which may require appellants to deposit judgment amounts or provide security for monetary judgments. For constitutional complaints, the Consti- tutional Tribunal may impose precautionary measures to prevent irreparable harm. These mechanisms bal- ance appellants’ rights to meaningful review against preventing abusive appeals meant to delay enforce- ment, with courts determining conditions based on case nature, appeal success likelihood, potential harm from enforcement or delay, and public interest con- siderations. 10.6 Powers of the Appellate Court After an Appeal Hearing Peruvian appellate courts have substantial pow- ers after hearing appeals, varying between Superior Courts and the Supreme Court. Superior Courts can confirm lower-court decisions when finding no errors; modify decisions by partially changing terms or rem- edies; or completely overturn and replace decisions with their own judgment. When finding unremedied procedural defects, they can nullify proceedings and return cases to lower courts for proper handling from the point where the defect occurred. The Supreme Court, when reviewing cassation appeals, has more focused powers centred on legal correctness. If rejecting appeals, it confirms chal- lenged decisions and may impose costs. If find- ing merit, it can overturn lower-court decisions and either render replacement judgments (when no further
electronic means in digitalised courts, or publication in official gazettes for special cases. The initial filing must identify challenged portions and include brief grounds for appeal, followed within three days by a detailed brief explaining alleged errors and requesting specific relief. The original court reviews appeals only for timeli- ness and basic requirements before forwarding the case file to the appellate court. The opposing party may then respond with a contestation brief. Superior Court appeals include optional oral hearings, while cassation appeals to the Supreme Court have stricter formal requirements, including specifying which cas- sation grounds apply to the case. These procedures ensure orderly review while maintaining reasonable timeframes for resolution. 10.4 Issues Considered by the Appeal Court at an Appeal In Peru, the scope of appellate review varies by appeal type. Standard appeals to Superior Courts follow the principle of full jurisdictional review, allowing com- prehensive reconsideration of both factual and legal aspects. These courts can re-examine evidence, reas- sess credibility and correct legal reasoning errors, though review is limited by the “tantum devolutum quantum appellatum” principle, meaning courts only address specifically challenged issues. For cassation appeals to the Supreme Court, review is narrower, focusing almost exclusively on legal errors rather than factual reassessment, with no new hearings or evi- dence re-evaluation. Peru’s system restricts new evidence at the Superior Court level to documents that became available after initial judgment or evidence the party could not previ- ously obtain despite diligence. New legal arguments are permitted if they relate to issues in the original pleadings. This system balances comprehensive review with finality concerns by allowing thorough reconsideration at the first appellate level while restricting the Supreme Court’s role to ensuring legal uniformity and correcting significant legal errors rather than functioning as a third factual instance.
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