Zaira Arias is not a member of the Congress of the Republic of Peru. Despite her persistent legal claims and public presence, she has not been sworn in, nor has she received the credentials required to exercise the functions of a parliamentarian. This situation stems from a complex legal and political dispute involving the vacancy left by Guillermo Bermejo and the strict application of parliamentary regulations regarding severe criminal convictions.

The confusion surrounding her status often arises from her position as an "accesitaria" (alternate or runner-up candidate) for the Peru Libre party. While the standard procedure in many democracies allows an alternate to fill a vacant seat, Peruvian law contains specific exceptions designed to prevent political parties from benefiting when their members are convicted of high-level crimes such as terrorism or drug trafficking.

The Case of Guillermo Bermejo and the Origin of the Vacancy

To understand why Zaira Arias has been denied entry into the legislature, one must look at the legal status of Guillermo Bermejo. Bermejo, a prominent figure on the Peruvian left, was elected to Congress for the 2021-2026 term. However, his tenure was cut short by a judicial sentence.

In late 2025, Guillermo Bermejo was sentenced to 15 years in prison for the crime of affiliation with a terrorist organization. Under the Peruvian Constitution and the Regulations of the Congress, a parliamentarian who receives a custodial sentence is suspended from their duties. Normally, this would trigger the elevation of the next person on the party's electoral list—in this case, Zaira Arias.

However, the nature of the crime—terrorism—invoked a specific and controversial legal doctrine known in Peru as the "escaño vacío" or "empty seat" rule.

Understanding the "Empty Seat" (Escaño Vacío) Rule in Peru

The "escaño vacío" is a disciplinary and moral mechanism embedded in the Regulations of the Congress of the Republic, specifically within Article 25. This rule dictates that in cases where a congressman is removed from office due to convictions for terrorism, drug trafficking, or human trafficking, the seat cannot be filled by an alternate.

The Legal Rationale of Article 25

The purpose of this regulation is to hold political parties accountable for the candidates they nominate. By leaving the seat empty, the legislature ensures that the political group loses its representative weight as a consequence of having a member involved in crimes that severely undermine the state.

  1. Accountability: Parties are incentivized to perform more rigorous vetting of their candidates.
  2. Deterrence: It serves as a symbolic and practical punishment for the political movement.
  3. Institutional Integrity: It prevents the "rotation" of figures within a party that may share similar ideological or criminal affiliations.

In the case of Zaira Arias, the Congressional leadership and its legal advisors have argued that the conviction of Bermejo for terrorism falls squarely within the parameters of Article 25. Therefore, the seat previously held by Peru Libre effectively ceased to exist for the remainder of the legislative term.

The Arguments Presented by Zaira Arias

Zaira Arias has not accepted the "empty seat" interpretation quietly. Her defense and public statements have focused on two primary arguments: the lack of a "firm" (non-appealable) sentence and the right to political representation.

The "Firmeza" Argument

Arias has argued that because Guillermo Bermejo’s sentence was issued in the first instance and was subject to appeal, it should not have triggered the "escaño vacío" rule immediately. In her view, until the Supreme Court of Peru issues a final, unalterable ruling, the seat remains "available" for the alternate to safeguard the representation of the voters who supported the Peru Libre list.

The Representation Argument

She contends that by leaving the seat empty, the thousands of voters who cast their ballots for the Peru Libre party in that specific district are being disenfranchised. Her supporters argue that the "empty seat" rule should be applied narrowly and that any ambiguity should favor the constitutional right of citizens to be represented in the national assembly.

The Stance of the Congressional Leadership

The leadership of the Peruvian Congress, most notably represented by Congress President Fernando Rospigliosi, has maintained a firm "zero tolerance" policy regarding Arias’s demands. In public statements made in November 2025, Rospigliosi clarified that the legislature would not yield to "blackmail, kicking, or whining."

Legal Reports and Procedural Rigor

The Congressional Presidency has relied on reports from the Attorney General’s Office and the internal Legal Advisory Office of the Congress. These reports have consistently concluded that the regulations are mandatory and that the "empty seat" must be enforced to maintain the rule of law.

Key points emphasized by the Congressional leadership include:

  • Compliance with Regulations: The internal rules of Congress have the force of law and must be followed strictly.
  • Institutional Independence: The Congress has the autonomy to interpret its own regulations regarding the incorporation of members.
  • Separation of Powers: While the National Elections Jury (JNE) manages the electoral process, the final decision on whether a seat is "empty" or "fillable" under Article 25 often rests within the administrative and legal framework of the legislative branch.

The Conflict Between Congress and the National Elections Jury (JNE)

One of the most complex aspects of this dispute is the overlapping jurisdiction between the Congress of the Republic and the Jurado Nacional de Elecciones (JNE). Typically, the JNE is the body that issues the "credencial" (credential) to a candidate, which then allows them to be sworn in by the Congress.

In the Zaira Arias case, a procedural deadlock occurred. If the JNE were to issue a credential based on a strict electoral count, the Congress would still have the power to refuse the swearing-in ceremony based on Article 25. This institutional friction has created a stalemate, leaving Arias in a political limbo where she is a "potential" representative who lacks the legal "entrance ticket" to the plenary hall.

Political Context: The Radical Left and Peru Libre

The battle for this congressional seat is not just a legal one; it is deeply rooted in the ideological polarization of Peru. Zaira Arias is known as a figure of the radical left, a staunch supporter of former President Pedro Castillo, and a critic of the current institutional framework.

Her entry into Congress would have provided the radical wing of Peru Libre with another vocal platform during a time of significant executive-legislative tension. Conversely, the refusal of the right-wing and centrist blocs in Congress to admit her is seen by her supporters as a political maneuver to keep a "troublesome" voice out of the chamber.

Participation in Protests

Arias has maintained her relevance by participating actively in street protests and media interviews. Her strategy has been to use her "denied seat" as a symbol of what she calls the "dictatorship of the congressional majority." By framing herself as a victim of institutional exclusion, she has solidified her base among the radical factions of the Peruvian electorate, even while remaining outside the formal halls of power.

The "Representation Week" and Administrative Delays

Administrative procedures in the Peruvian Congress often slow down during "Representation Week," a period where lawmakers travel to their home regions to meet with constituents. During the height of the controversy in late 2025, this logistical reality delayed the formal response of the Board of Directors (Mesa Directiva) to Arias’s formal petitions.

This delay was interpreted by Arias as a deliberate attempt to ignore her constitutional rights, while the Congressional leadership maintained it was simply a matter of following the established calendar and waiting for final legal opinions from the constitutionalists.

Why the "Empty Seat" Rule Matters for Peruvian Democracy

The debate over Zaira Arias and the "escaño vacío" rule touches on the fundamental health of the Peruvian political system. Peru has struggled for decades with "narcopolitics" and the infiltration of radical or criminal elements into its representative bodies.

The Moral Burden on Political Parties

The "empty seat" rule is one of the few mechanisms that imposes a direct cost on political parties. In a system where parties are often temporary electoral vehicles rather than ideological institutions, the loss of a seat is a rare tangible consequence. Critics, however, argue that the rule can be weaponized by a legislative majority to eliminate political opponents, especially when the legal definitions of "terrorism" or "affiliation" are part of ongoing judicial battles.

The Future of the 2021-2026 Term

As the 2021-2026 term nears its conclusion, it becomes increasingly unlikely that Zaira Arias will ever take the seat. With the 2026 general elections on the horizon, the political focus is shifting toward new candidacies. However, the precedent set by her exclusion—and the firm stance taken by the Congress—will likely influence how alternate candidates are handled in future cases of criminal convictions.

Summary of the Current Status

As of early 2026, the status of Zaira Arias remains unchanged:

  • Official Role: None. She is a private citizen and a political activist.
  • Congressional Access: Denied based on the "Empty Seat" rule (Article 25).
  • Legal Standing: Her appeals have not resulted in a mandate for Congress to swear her in.
  • Political Activity: She continues to participate in the national political scene as a critic of the current administration and legislative leadership.

Conclusion on the Zaira Arias Congressional Controversy

The question of whether Zaira Arias is a congresswoman is answered by the strict legal protocols of the Peruvian state. Despite being next in line for the Peru Libre party, the conviction of her predecessor for terrorism triggered a specific exclusionary rule that prioritized institutional integrity over party representation.

This case serves as a landmark example of the friction between electoral outcomes and parliamentary regulations. For Arias, the "empty seat" represents an unfair exclusion; for the Congressional leadership, it represents the defense of the legislature against the influence of those linked to criminal sentences. As Peru moves toward its next election cycle, the Zaira Arias saga remains a potent symbol of the country's deep political and legal divisions.

Frequently Asked Questions (FAQ)

Is Zaira Arias currently a congresswoman?

No, Zaira Arias is not a member of the Congress of Peru. She was a candidate and is technically an alternate (accesitaria), but she has never been sworn in or allowed to take a seat.

Why was Zaira Arias denied a seat in Congress?

She was denied because the person she was supposed to replace, Guillermo Bermejo, was convicted of terrorism-related crimes. Under Article 25 of the Congressional Regulations, seats vacated due to terrorism convictions cannot be filled by alternates (the "Empty Seat" rule).

Who is Guillermo Bermejo?

Guillermo Bermejo is a former congressman for the Peru Libre party. His conviction for affiliation with a terrorist organization led to his removal from Congress and created the vacancy that Zaira Arias attempted to fill.

What is the "Escaño Vacío" rule?

It is a regulation in the Peruvian Congress that prevents an alternate from taking over the seat of a legislator who has been removed for specific serious crimes, such as terrorism, drug trafficking, or human trafficking. The seat remains empty as a penalty against the political party.

What has Fernando Rospigliosi said about Zaira Arias?

As President of the Congress, Fernando Rospigliosi has stated that the legislature will not accept "blackmail" or "violence" from Zaira Arias and that they will strictly follow the law and regulations regarding the empty seat.

Can Zaira Arias still become a congresswoman in the future?

While she cannot take the current seat from the 2021-2026 term due to the "Empty Seat" rule, she is not legally barred from running for office in future elections, provided she meets all other legal requirements for candidacy.

What is the role of the JNE in this dispute?

The Jurado Nacional de Elecciones (JNE) is responsible for issuing credentials. However, the Congress has the final authority on the internal application of its regulations (like Article 25) during the swearing-in process, which has led to the current administrative and legal stalemate.