In depth
The suspension will be extended until the final resolution of the popular action processed under judicial file No. 756-2022-0-1801-SPDC-03, in which the Judicial Power has been requested to repeal the regulation. However, SUNAFIL will continue to be prevented from overseeing compliance with the prohibition on outsourcing core business activities, since the injunction issued by INDECOPI will remain in force.
Key points
To uphold the suspension, the Specialized Chamber for the Elimination of Bureaucratic Barriers has indicated that according to the rules in force, a proceeding will be suspended when the following concurrent assumptions are present:
- A contentious issue arises in any jurisdiction during the proceeding
- In the Chamber's opinion, a pronouncement must be issued within the framework of the contentious issue in order to resolve the matter under its jurisdiction
Indeed, the Third Constitutional Chamber of the Superior Court of Justice of Lima, in charge of the popular action process, must review aspects related to the legality of the measures denounced in the procedure that INDECOPI followed, such as: (i) the alleged breach of formalities (including the pre-publication of the draft law); and (ii) the alleged contravention of rules with legal rank (such as the TUO of the General Mining Law and Law 29245).
In this regard, INDECOPI considers that the decision of the Judiciary regarding this controversy (a contentious matter) directly and necessarily affects the evaluation to be made in the administrative procedure.
However, the Chamber recognizes that the actions taken prior to the issuance of this resolution remain in force and effect for the parties to the proceeding and all the parties involved in its scope. In other words, the precautionary measure that ordered SUNAFIL and the MTPE to refrain from verifying that the companies were not violating the prohibition on outsourcing core business activities will remain in force. This precautionary measure protects all companies in any economic sector.
We hope this information will be of relevance to you and your company. If you require any further information, do not hesitate to contact us.
