Constitutional Court Judgment · 22/2022
Ocho Sur P does not occupy ancestral community land of Santa Clara de Uchunya
Official identification
| Official title | Judgment 22/2022 of the Plenary of the Constitutional Court of Peru — Constitutional Amparo Proceeding |
|---|---|
| Type | Final judgment of the highest constitutional interpreter |
| Issuing authority | Plenary of the Constitutional Court of Peru — Reporting Justice: Ledesma Narváez |
| Date | Plenary session: January 25, 2022 · Digital signatures: February–March 2022 |
| Official number / code | Judgment 22/2022 · File N° 03696-2017-PA/TC |
| Original language | Spanish |
Document content
Judgment of the Plenary of the Constitutional Court of Peru declaring INADMISSIBLE the Constitutional Amparo claim filed by the Santa Clara de Uchunya Native Community against the Regional Directorate of Agriculture of Ucayali, the National Public Registry (SUNARP), and Plantaciones de Pucallpa S.A.C. The claim sought recognition of the Community's territorial expansion, a declaration of unconstitutionality of 222 purchase agreements with the consequent nullity of possession certificates and registry entries, and the cessation of the company's activities for alleged forest degradation. The Constitutional Court dismissed all three claims on the grounds that they require a procedural venue with an evidentiary stage, which the amparo lacks, and due to the impossibility of ruling on the validity of the 222 certificates without summoning their holders, which would affect their right to defense. The judgment identifies Ocho Sur P S.A.C. as the current owner of the disputed land and records that the company holds the necessary licenses and authorizations for its operations, information not contested in the proceeding.