Abstract

GUANILO PAREDES, Carlos Enrique; GUANILO PAREJA, Carla Giuliana  and  PAREJA PERA, Lidia Ysabel. Moral Insolvency: Theoretical bases for a presidential vacancy. Prohominum [online]. 2024, vol.6, n.2, pp.313-326.  Epub Dec 15, 2024. ISSN 2665-0169.  https://doi.org/10.47606/acven/ph0255.

This study aims to discuss moral insolvency as a theoretical basis for presidential vacancy in the Peruvian context, where the constitutional figure of vacancy has gained prominence in recent presidential terms. Through an analysis of legislative, philosophical, and ethical documents, this study addresses the premises of applicability of the term "permanent moral incapacity," a term that has resurged strongly in recent political debates. The research focuses on the rationality and moral and ethical foundations applicable to the constitutional statement concerning moral insolvency, a term that Congress is empowered to qualify. Legislative bills and resolutions were identified and analyzed, along with a review of literature in academic databases such as Google Scholar, Scopus, and Web of Science, in addition to consulting works by classical authors on the subject. The results reveal a weakness in the constitutional mandate of presidential vacancy, often used as the sole solution for presidential succession in the face of immoral conduct, a situation exacerbated by the lack of precision in the definition of "moral incapacity." Furthermore, the study highlights the distinction between the concepts of ethics and morality, where ethics is seen as an older and more abstract concept, whereas morality is dynamic and modified through socialization. It is concluded that clarifying and strengthening the concept of moral insolvency within the constitutional framework is essential to prevent its arbitrary use and ensure that presidential vacancy remains a robust and legitimate democratic mechanism.

Keywords : Moral insolvency; foundations; presidential vacancy.

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