Despite attempts to waive questions, after learning about his operation, the Prosecutor General’s Office announced the beginning of a preliminary investigation into In Bolwart. The president is accused of committing the crime the crime of dereliction of duty for conducting an intervention without notifying the Congress of the Republic.
“The facts relate to the failure to report to the Council of Ministers and the Congress of the Republic about a temporary obstacle in the performance of the duties of the President of the Republic from June 29 to July 9, 2023 as a result of the procedure of the operation to which she was subjected,” the Ministry of Health noted.

We remind you that during the speech in front of Supervisory commission of the congress of the republic, Alberto Atarolaformer chairman of the Council of Ministers, confirmed that the president In Bolwart passed a rhinoplasty last June. Atarola assured that, despite the surgical intervention, Baluarte did not neglect his presidential duties, maintaining constant communication with him and participating in the virtual meetings of the Council of Ministers.
Atarola explained that it was not deemed necessary to notify Congress because the president had not officially announced her absence. He stated that despite the operation, Baluarte did not neglect his duties and participated in the virtual meeting of the Council of Ministers. However, according to various specialists, the lack of communication borders on the violation of the Constitution.
Constitutional lawyer Heber Compass and former lawyer Daniel Soria described the situation as serious, as the head of state would cause a power vacuum. For Compass, it is Congress, not the government, that decides whether a stated disability merits a temporary suspension. “Therefore, the fact that this fact was not reported properly is a violation of the Constitution,” he noted.

Meanwhile, Soria believes that regardless of how long he was under anesthesia, his disability was obvious. He cited as an example the inauguration of Kamala Harris during the hour and 25 minutes during which Joe Biden underwent a colonoscopy in the United States.
“It’s a short time, but let’s imagine there’s a serious situation like a nuclear attack, at which point the president has to make a decision and someone has to be in office. (…) So, this is something very serious and a apparent acceptance of the vacancy due to permanent moral incapacity, according to the new parameters established by the recent decision of the Constitutional Court,” he explained in a conversation with Infobae Peru.
The lawyer insisted that in the absence of vice-presidents, the constitutional line of succession indicates that the president of parliament should take over temporarily. However, at the time of the operation Boluarte was the head of the parliament Alejandro Soto, who confirmed that he had not received the message nothing about the president’s surgery.
“During my tenure as president of the Congress, I have not received any official or unofficial reports targeting the alleged operation of Dina Boluarte,” Soto said when asked about the issue by RPP Noticias.

In this sense, according to Soria, provided that it is proven that the then Prime Minister or another official made decisions reserved by the President, it constitutes usurpation of functions.
Despite the apparent violation of the constitution by various entities, Fuerza Popular and Alianza para el Progreso were opposed to the initiation of proceedings or sanctions.
“I know people who have had rhinoplasty because I understand that it was surgery and it doesn’t put you in the ICU or take you away from the exercises you should be doing. Even in some cases, even rhinoplasty is done under general anesthesia, and I say this because I saw it firsthand,” said Vice President of Parliament Patricia Juarez.
“I think there’s an absolute storm brewing in a glass of water, and even without a glass. It’s absurd… at least that’s how I see it. “I am not a defender of Mrs. Baluarte, I am not a lawyer, but I have seen many people who have undergone such an operation, and I do not believe that this is any fault,” she said.
Meanwhile, APP President, Cesar Acuña, He urged Congress to devote itself to censorship or interrogations to pass legislation on matters concerning Peru. “Let them devote themselves to the legislative settlement of security and economic issues. It’s another thing to ask Congress for stability, because in case of a vacancy or an issue, the biggest loser is the population,” he said.