Constitution of the Republic of Peru, 1933
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CONSTITUTION
OF THE
REPUBLIC OF PERU
( April 9, 1933 )
OF THE
REPUBLIC OF PERU
( April 9, 1933 )
TITLE I
Art. 1. Peru is a democratic republic.
The power of the State emanates from the people and is exercised by officials with the limitations which the constitution and the laws establish.
Art. 2. The State is one and indivisible.
Art. 3. The territory of the State is inalienable.
Art. 4. Persons born in the territory of the Republic are Peruvians. The children of a Peruvian father or mother, whatever may have been the place of their birth, provided they are domiciled in the Republic or register themselves in the civil register or in the respective consulate, are also Peruvians. It is presumed that minors who are resident in the national territory, and are the children of unknown parents, have been born in Peru.
Art. 5. Adult aliens domiciled in the Republic for more than two consecutive years who renounce their nationality may be naturalized. Naturalization is granted according to the law and has only individual effect.
Their nationality of origin is not lost by persons born in Spanish territory who become naturalized Peruvians according to the procedure and requisites laid down by law and in conformity with the provisions of the treaty which is concluded with the Spanish Republic on the basis of reciprocity.
Art. 6. A foreign woman married to a Peruvian acquires the nationality of her husband. A Peruvian woman married to a foreigner retains Peruvian nationality unless it is expressly renounced.
Art. 7. Peruvian nationality is lost:
(1) By entering the armed service of a foreign power without the permission of Congress, or by accepting employment from another State which involves the exercise of authority or jurisdiction; and
(2) By acquiring foreign nationality. The case of reciprocity contemplated in the second paragraph of Article 5 is excepted.
TITLE II
Constitutional Guarantees
Constitutional Guarantees
Chapter I
National and Social Guarantees
National and Social Guarantees
Art. 8. Only for the public service may the law create, alter, or abolish taxes, and exempt from the payment thereof, wholly or in part.
There are no personal privileges as regards taxes.
Art. 9. The general budget determines annually the revenues and expenditures of the Republic. The law regulates the preparation, approval, and execution of the general budget. In the case of any sum collected or employed contrary to law, the person ordering the illegal collection or expenditure shall be held responsible. The person carrying the order into effect shall also be held responsible if he does not prove his innocence.
Immediate publication of the budgets and of the accounts of revenues and expenditures of all the branches of the public powers is obligatory, those who fail to comply being held responsible.
Art. 10. A special department, the functions of which shall be subject to the law, shall control the execution of the general budget of the Republic and the activities of agencies which collect or administer revenue or property of the State. The head of the department shall be appointed by the President of the Republic in agreement with the Council of Ministers. The law shall specify his duties.
Art. 11. The State guarantees the payment of the public debt contracted in conformity with the Constitution and the laws.
Art. 12. The law determines the monetary system of the Republic.
The issue of banknotes is the privilege of the State, which exercises it through a national central banking institution entrusted with the regulation of the currency.
Art. 13. A special department, the functions of which shall be determined by law, shall exercise, on behalf of the State, the supervision of banking enterprises.
Art. 14. The State shall maintain by the means at its disposal the stability of the currency and the free conversion of banknotes. Only in exceptional cases, at the request of the Executive Power and with the assent of the agency entrusted with the regulation of the currency and the head of the department supervising banking enterprises, shall Congress have the power to pass a law decreeing temporary non-conversion of banknotes.
Art. 15. National loans must be authorized or approved by law fixing the conditions and indicating the objects for which they are to be employed, which must be of a reproductive character or connected with national defense.
Art. 16. Industrial and commercial monopolies and cornering of the market are prohibited. The law shall fix the penalties to be imposed on offenders. Only the law may establish state monopolies and exclusive privileges solely in the national interest.
Art. 17. Commercial companies, national or foreign, are subject, without restrictions, to the laws of the Republic. In every state contract with foreigners, or in the concessions which grant them in the latters' favor, it must be expressly stated that they will submit to the laws and courts of the Republic and renounce all diplomatic claims.
Art. 18. No person may receive more than one salary or emolument from the State, whatever be his functions or post, with the exception of one more for teaching. Salaries or emoluments paid by local corporations or by societies subordinate in any form to the Executive Power are included in this prohibition.
Art. 19. Acts of persons who usurp public functions and posts conferred without the requesites laid down by the Constitution and the laws are null and void.
Art. 20. A person occupying a public post is directly and immediately responsible for his acts in the exercise of his functions. The law shall determine the manner of making this responsibility effective. The Ministry of Justice is obligated to demand compliance with the provisions of this article.
Art. 21. No person may exercise public functions designated in the Constitution without taking an oath to fulfill them.
Art. 22. Every official or public servant, civil or military, possessing property or income independent of his emoluments as such, is obliged expressly and specifically to declare them, in the manner determined by law.
Art. 23. The Constitution and the laws afford protection to and carry obligations equally for all the inhabitants of the Republic. It shall be possible to issue special laws because the nature of things so demands, but not because of the difference of persons.
Art. 24. No one is obliged to do what the law does not demand, nor may he be prevented from doing what it does not forbid.
Art. 25. No law has retroactive force or effect.
Art. 26. Claims may be submitted to Congress for infringements of the Constitution.
Art. 27. The State recognizes freedom of association and of contract. The conditions of their exercises are governed by law.
Art. 28. The law shall establish the maximum interest for loans of money. Every agreement to the contrary is null and void. Those who infringe this rule shall be punished.
Art. 29. Property is inviolable, whether it be material, intellectual, literay, or aristic. No one may be deprived of his own except for reason or public utility legally proven and after appraised compensation.
Art. 30. The State guarantees and protects the rights of authors and inventors. The law shall regulate their exercise.
Art. 31. Property, whoever may be the owner, is governed exclusively by the laws of the Republic, and is subject to the taxes, charges, and limitations established by them.
Art. 32. Foreigners, as regards property, are in the same condition as Peruvians, without being able in any case to invoke an exceptional position in this respect or have recourse to diplomatic claims.
Art. 33. Public things, the use of which is for all, such as rivers, lakes, and public roads, are not objects of private property.
Art. 34. Property must be used in harmony with social interests. The law shall fix the limitations and characteristics of the right of ownership of property.
Art. 35. The law may, for reasons of national interest, establish special restrictions and prohibitions for acquiring and transferring determined classes of property, whether this be by its nature, its condition, or its location in the territory.
Art. 36. Within fifty kilometers of the frontiers, foreigners may not acquire or possess, under any title, lands, waters, mines, or fuels directly or indirectly, individually or collectively, under pain of loss, to the benefit of the State, of the acquired property, except in the case of national necessity declared by express law.
Art. 37. Mines, lands, forests, waters, and, in general, all natural sources of wealth belong to the State, excepting legally acquired rights. This law shall fix the conditions of their utilization by the State, or of their concession, in ownership or usufruct, to private persons.
Art. 38. The State may, by virtue of a law, take over or nationalize land, sea, river, lake, and aerial transport, or other public services in private ownership, after compensation and in conformity with the laws in force.
Art. 39. The rates for passages and freights shall, without any exception, be fixed and collected solely in national currency.
Art. 40. The State recognizes the freedom of commerce and industry.
The law shall indicate the requirements to which its exercise is subject and the guarantees accorded to it. When required by public security or necessity, the law may lay down limitations or reservations to the said exercise, or authorize the Executive Power to lay them down without in any case such restrictions having a personal or confiscatory character.
Art. 41. The State shall receive part of the profits of mining enterprises, in the amount and proportion which the law shall necessarily determine.
Art. 42. The State guarantees the freedom of work. Any profession, industry, or occupation which is not contrary to morals, health, or public security may be exercised freely.
Art. 43. The State shall enact a law governing the collective labor contract.
Art. 44. Any stipulation in a labor contract which restricts the exercise of civil, political, and social rights is prohibited.
Art. 45. The State shall favor a system of participation by employees and workers in the profits of enterprises, and shall legislate upon the other aspects of relations between the former and the latter and upon the protection of employees and workers in general.
Art. 46. The State shall legislate upon the general organization and the securities of industrial labor, and upon the guarantees therein of life, health, and hygiene. The law shall fix the maximum conditions of labor, the compensation for the length of services rendered and for accidents, as well as minimum salaries in relation to the age, sex, nature of work, and conditions and requirements in the various regions of the country.
Art. 47. The State shall favor the preservation and extension of medium and small rural property, and may by means of a law and on payment of compensation, expropriate lands in private ownership, especially those which are not worked, in order to subdivide them or transfer them under the conditions which the law fixes.
Art. 48. The law shall establish a system of social security for the economic consequences of unemployment, age, illness, disability, and death; and shall encourage institutions of social solidarity, savings and insurance establishments, and cooperatives.
Art. 49. In extraordinary circumstances of social necessity, laws may be passed, or the Executive Power may be authorized to adopt measures tending to reduce the cost of living.
Goods shall not be expropriated in any of these cases without due compensation.
Art. 50. The State is charged with the supervision of public health and the care of private health, and shall pass laws providing for the control of hygiene and health as may be necessary, and also those which promote the physical, moral, and social improvement of the population.
Art. 51. Marriage, the family, and maternity are under the protection of the law.
Art. 52. It is the primary duty of the State to protect the physical, mental, and moral health of infants. The State defends the right of the child to home life, education, vocational guidance, and ample assistance when it finds itself abandoned, ill, or in misfortune. The State shall entrust the fulfilment of the provisions of this article to adequate technical organizations.
Art. 53. The State does not recognize the legal existence of political parties of international organization. Persons who belong to such may not fulfill any public function.
Art. 54. The death penalty shall be imposed for crimes of treason to the country and adjudged murder, and for all crimes which the law specifies.
Chapter II
Individual Guarantees
Individual Guarantees
