More recent theories argue that the task of the Constitutional Court strictly involves judicial functions and resolving constitutional disputes, which may include a review of the performance of the legislature, the protection of fundamental rights and the distribution of powers between the branches of government.

Congress, which is primarily filled with opportunistic politicians that are not linked to Peruvian society, has attempted to manipulate court nominations in order to achieve political objectives.

[4][3] In May 2022, six of seven members of the court were replaced by Congress in a process that lacked transparency according to Human Rights Watch.

[2] In March 2022, the Constitutional Court ruled that the controversial 2017 presidential pardon of Alberto Fujimori, who was imprisoned for human rights abuses, should be reinstated.

[9] A month later in April, the IACHR also condemned the Constitutional Court's decision to allow the government to take indigenous land without first consulting them or obtaining consent.