The Peruvian Socio-Economic Constitution in Times of Pandemics

Due to the Covid-19 pandemic, the role of national states is questioned. Orthodox economic policies and the minimum state doctrine is in crisis. In Peru, the economic regime of the 1993 Constitution, adopted under Fujimori's presidency, has not changed significantly because it is backed by factual powers that prevent any amendments. However, the crisis brought about by the pandemic, which initially the neoliberals underestimated, has brought into question the unchangeable nature of the economic regime based on principles of subsidiary state intervention regarding corporations, legal protection of private property, and the unchangeability of private contracts, including state concessions. Against this backdrop, this paper analyses current debates about the design and effects of the Peruvian economic constitutional regime with the aim of making suggestions about the constitutional amendments that are currently needed.