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Tribunal Constitucional to Hear Challenges to Petroperú Restructuring Decree

The court’s decision could determine whether release of up to US$2 billion in government rescue funds is conditioned on the contested reorganization plan.

Overview

  • The Tribunal Constitucional will evaluate accumulated inconstitutionality claims filed by the Defensoría del Pueblo and the Municipalidad Provincial de Talara on August 25, 2026, in a single public hearing.
  • The challenged Decreto de Urgencia 010-2025, published December 31, 2025, sets a patrimonial reorganization for Petroperú that changes its structure, includes personnel measures and assigns ProInversión a central role in defining and promoting asset blocks.
  • A separate emergency decree, DU 003-2026, ties disbursement of up to US$2 billion in fiscal support to implementation of the DU 010-2025 reorganization, making the TC ruling decisive for the company’s financial rescue.
  • FENPETROL has filed an amparo to block application of the decree and the case was admitted with a single hearing set for October 5, 2026, reflecting labor concerns over reconversion, staff reductions and job stability.
  • Challengers and professional bodies argue the Executive exceeded its powers by using an urgency decree for structural changes, that the measure may conflict with Law 28244 and could transfer key units toward private participation, which critics say risks state control and local economies such as Talara.