Requirements to be President: Functions, Election and MORE

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Anyone has ever dreamed of being President. However, many do not know what the Requirements to be President, much less what are the functions, the current presidential term and who cannot run. You probably have some or all of these questions if you are here.

The President it is considered, in general lines, as the figure of command of something. It can be an institution, a group, a company … Today we will talk to you about the President as the person who has the Executive Power of a State, in this case Peru, so that you know everything that we mentioned above.

So do not go away! When you finish this article you will know everything about how to be President in Peru, you can stop searching.

What are the Requirements to be President of Peru?

Let’s start with the Requirements to be President, which we think is the most important thing to know if you want to start learning about the subject. From these you can go on to know everything else, as it is a very good basis for knowing what you are looking for in a candidate.

Now yes, according to Political Constitution of Peru (Title IV: On the Structure of the State, Chapter IV: Executive Power) and the Organic Law of Elections we have that the requirements, strictly speaking, are:

  • Born in Peru, that is, to be Peruvian by birth. (Art. 110)
  • Be over thirty-five (> 35) years of age at the time of application. (Art. 110)
  • Be in full enjoyment of all rights, including suffrage. (Art. 110)
  • Obtain more than half of the votes, knowing that blank votes or those that are flawed are not recorded. (Art. 111)
  • Enroll in the National Registry of Identification and Civil Status, this according to the Organic Law of Elections (Art. 106).
  • Not to be a candidate for another position as a public official, say yourself as a congressman. (Art. 108)
  • Be a member of an Alliance, Independent Group or Political Party. These are the ones who are going to nominate you as President. Likewise, you will not be able to detach yourself from this during the electoral period. (Art. 90 of the LOE)
  • Can not, according to Article 17 of the Organic Law of Elections, to be (without first having resigned 6 months before the elections) president who is:
    • Minister or vice-minister of State, member of regional authorities, Comptroller General of the Republic.
    • Member of the National Council of Magistracy, of the bodies of the Electoral System and the Ombudsman, of the Constitutional Court or of the Judicial Power.
    • Superintendent of either Banking and Insurance, Tax Administration, Customs or Private Pension Fund Administrators. Nor can he be President of the Central Reserve Bank without having resigned at least 6 months before the elections.
    • Part of the National Police or the Armed Forces.
  • Following the previous line, he can’t be president either the one related to the current or previous President of the election. This relationship can be a spouse, a blood relative of the fourth degree and related within the second.

If you meet all those requirements, you can be launched as a candidate for the presidential election. Of course also there are other requirements not so strict, such as the support of a large mass of the population, a Country Plan, a well-prepared campaign that allows the public to get to know you, professional and academic training to practice, among others.

Features

The functions of the President of Peru They are also part of a very broad information that you should know. These are established in the Political Constitution of Peru, as well as in the Organic Law of the Executive Power. Let’s see what some of these functions are:

  • Ensure compliance with the Constitution and other legal regulations in force in the country. It is understood by other norms, laws, treaties and other provisions of a legal nature.
  • To function as a representative of the State, both within the borders and abroad.
  • To have command in the operation of the general policy of the Government.
  • Call for elections for the different positions provided by law. Within this range of action we have the call for presidential elections, for Congress, mayors, and so on.
  • Communicate to Congress of the reforms that you want to carry out, as well as of the improvements and provisions that you consider pertinent. He must also inform them of the situation of the Republic.
  • Issue resolutions and decrees, without violating or denaturing others. It can also regulate laws, but always under these limitations.
  • Comply with and enforce judgments and resolutions, both of the National Elections Jury and of the jurisdictional bodies.
  • Exercise command of foreign policy, including international relations. In this sense, it must participate in treaties if it deems it necessary.
  • Manage the Public Treasury.
  • Have command of the National Defense System.
  • Manage tariff rates if you think it’s pertinent.
  • Reporting to the congress and prior approval of the Council of Ministers, it corresponds to appoint plenipotentiary ministers and ambassadors.
  • It deals with declaring peace as well as war, subsequent approval of Congress.
  • Negotiate loans.
  • It is in its range of motion the opinion of extraordinary measures. These are made with the force of law, in financial and economic matters. Of course, when it is necessary for the national welfare and rendering accounts to Congress. The latter can modify or eliminate these decrees.
  • Others more established in the Constitution and other legal provisions.

As you can see, there are quite a few functions of a President. However, we believe that in general terms and in an idealistic way, the position of presidency exists to accommodate a transparent administration, which overlaps the interests of the people before those of a separate group, and whose final objective is economic and social growth. , political and institutional of the country.

Election to be President

The Election to be President It is very simple. The president in charge calls elections, declaring the dates of these so that the parties, alliances and independent groups can register their lists of candidates with a period prior to these.

Elections are made through a direct suffrage, secret and universal. The candidate who obtained more than half of the votes is elected as President for the new constitutional period. This taking into consideration that those votes that are blank or are flawed are not registered in the system.

In the event that no candidate obtains an absolute majority, then a second election would be scheduled. Only these two candidates would participate, as finalists, and these elections would be held in the 30 days prior to the proclamation of the first official counts.

Obviously, what is sought is that the candidate who has the greatest support from the voters wins, so that a new administration can be started without political conflicts and transparency.

Requirements to be President: Term of Office

To be very brief, the duration of the presidential term in Peru is 5 years, without the possibility of immediate reelection. The same president can run again when at least one presidential term passes, but not immediately. We can see this very well explained in Article 112 of the Political Constitution of Peru.

During all this time, he may use his rights and duties as President of the Republic. However, the post of President may become vacant if:

  • The President dies.
  • Congress declares that he is physically or morally incapacitated.
  • Congress accepts his resignation.
  • Ventures outside the national territory without prior approval of Congress. The same happens if you do not return to the country within the specified period.
  • It is destitute, for the reasons provided in Art. 117:
    • Treason against the fatherland.
    • Elimination of Congress (with exceptions).
    • Prevent the operation of Congress.
    • Refusing or obstructing the convocation of the different elections in the country: presidential, parliamentary, regional or municipal.
    • Prevent the operation of the National Elections Jury.
    • Obstruct the work of other organizations that are part of the electoral system.

Only in those cases is the position vacant. Nevertheless, the exercise of the presidency is suspended if Congress declares that he is temporarily incapacitated or if he is in a judicial process, in accordance with the provisions of Art. 117 of this law.

Who Cannot Be President of Peru?

Who cannot be President? Although we already mentioned it in the section on Requirements to be President, It seems important to us to dedicate an entire section to it, so that you have no doubts about what characteristics do not make you a viable candidate.

The Organic Law of Elections (LOE) Article 17 provides a series of restrictions to all natural persons who want to run as a candidate for the presidency without having resigned from the position, at least six (06) months before the elections. Consequently, the person who is:

  • Minister or Vice Minister of State, member of regional authorities, Comptroller General of the Republic.
  • Member of the National Council of Magistracy, of the bodies of the Electoral System and the Ombudsman, of the Constitutional Court or of the Judicial Power.
  • Superintendent of either Banking and Insurance, Tax Administration, Customs or Private Pension Fund Administrators. Nor can he be President of the Central Reserve Bank without having resigned at least 6 months before the elections.
  • Part of the National Police or the Armed Forces.

Either can be president the one related to the current or previous President of the election. This relationship can be that of a spouse, a consanguineous relative of the fourth degree and related within the second.

Obviously, a person under 35 years of age, born in another country, without enjoying the rights established in the Constitution and other legal norms, may not be a candidate for the presidency of the Republic of Peru.

So it is with others Requirements to be President. And even if you have all the requirements to apply, the biggest challenge is winning the support of the majority.

Finally, we would like to tell you that you must take into account all these impediments when applying. In addition, we would like to add that being president can be difficult for a person without a political background. Not because there is a law that prevents it, but because that is how things have always been done in most democratic countries.

What is Being President?

A President, as established in the Political Constitution of Peru, is that person who personifies the Nation and appears as Head of State. As you may have seen, his functions are many and it could be said that he is the most important figure in the government administration.

For the year 2020, the presidential term is 5 years and those candidates supported by the majority of voters win. In general, these are people with a broad political trajectory and with a Political Party, Alliance or Independent Group that supports them. These have ideological bases of the same nature.

We hope we have been of help with the Requirements to be President and all the other information we brought for you.

Good luck!

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