Congress Delegates Legislative Powers to the Executive: What Law No. 32743 Means for Your Security and Rights

On October 22, 2026, Law No. 32743 was published in the official gazette El Peruano, delegating to the Executive Branch the power to legislate through legislative decrees, for a period of 90 calendar days, exclusively on citizen security and the El Niño phenomenon. This article explains, in plain language, what this delegation means and how it may affect your rights.

What did Congress approve?

The Chamber of Deputies approved the delegation with 66 votes in favor, 34 against, and 24 abstentions; the Senate ratified it with 35 votes in favor, 18 against, and 6 abstentions, adding powers regarding the deployment of the Armed Forces. The law was enacted on October 22, 2026, and published in a special edition of El Peruano.

What is a delegation of legislative powers?

Article 104 of the Peruvian Constitution allows Congress to delegate to the Executive the power to legislate through legislative decrees, provided it concerns a specific matter and for the determined period set in the authorizing law. Matters reserved by the Constitution (those not delegable to the Permanent Commission, such as constitutional reform or international treaties) cannot be delegated.

Congress also keeps control: it may amend or repeal the legislative decrees issued by the Executive, and these remain subject to constitutional review by the Constitutional Court.

What may the Executive legislate on?

• Migration control and rules on entry and residence of foreigners.

• Use and possession of firearms.

• Penitentiary system reform, including external security of high-danger prisons.

• Armed Forces intervention in support of the National Police when their capacity is overwhelmed by criminal gangs.

• Creation of a registry of criminal organizations adopting terrorist or analogous practices, with special investigation techniques and asset persecution.

• Measures to address the El Niño phenomenon.

The safeguards protecting citizens

The Constitution imposes checks: the delegation is temporary (90 days), limited to two matters, and subject to parliamentary and constitutional oversight. A legal debate is open: the Constitution assigns the National Police the guarantee of internal order (Article 166) and reserves for the Armed Forces the defense of independence and sovereignty (Article 165). Security experts warn about the risk of normalizing the military role in police functions, without losing sight of due process guarantees.

Why does this matter to you?

Peru faces its worst security crisis in decades, with rising homicides and extortion. In parallel, the 2026-2027 legislative agenda prioritizes 89 topics, including reforms to the Criminal, Criminal Procedure, and Penitentiary Execution Codes. In the coming weeks, legislative decrees may change rules on migration, weapons, and prison regimes, directly affecting procedures and individual rights.

Practical recommendations

1. Get informed from the source: legislative decrees are published in El Peruano.

2. Review your particular situation: pending migration, criminal, or administrative proceedings may be affected.

3. Seek timely legal advice: technical interpretation is key to protecting your rights.

Conclusion

Law No. 32743 activates an exceptional constitutional mechanism that will transform security legislation over the next three months. At Cabrera Law Firm we monitor every legislative decree to advise our clients with rigor and speed. If you need to assess how these reforms affect you, contact us.