“After the debate, the court ratified the constitutionality of these manifestations by not reaching the five votes necessary for the demand for its prohibition to be declared founded,” the media said on its website.
In order for the ban to thrive, at least five TC magistrates needed to declare the claim presented by a group of activists founded through a popular action in 2018.
The president of the TC, Marianella Ledesma, proposed to the seven members that make up the court that the constitutionality of bullfights, bullfights and cockfights be voted separately.
For each of these practices, there were four magistrates who voted against their ban and three in favor, and the minimum of five votes could not be reached for any.
The demand of the defenders of the animals looked for that the exception to the Law of Protection and Animal Welfare was declared unconstitutional, which exonerated of its reach to the three cultural manifestations.
Within the considerations of the magistrates who rejected the ban, it was argued that the activities were part of the ancestral culture of Peru, as well as its prohibition undermined the cultural diversity of the country recognized in the Magna Carta, or against the constitutional right of the free choice of culture.
Likewise, examples determined by jurisprudence were determined by the constitutional courts of countries such as Spain, France and Colombia, although, in European cases, some districts already prohibited such practices.