Justice of the Peace of Aucallama dismissed for improper notarial functions

The Executive Council of the Judiciary imposed the disciplinary measure of dismissal on Carmen Rosa Castillo Pretel, Second Nominated Justice of the Peace of Aucallama, of the Superior Court of Justice of Huaura, for having exercised notarial functions without competence. The decision, adopted unanimously in the thirty-ninth session of the governing body, was published in the Official Gazette El Peruano on Thursday, September 3, 2026, in the Legal Norms section, pages 39 to 43.

The sanction is based on Definitive Investigation No. 337-2025-HUAURA, dated August 5, 2026, and entails definitive separation from the position and disqualification from holding any public office for a period of five years, as well as its registration in the National Registry of Sanctions against Civil Servants.

The investigated facts

The administrative disciplinary procedure was opened by resolution on July 30, 2025, after it was proven that the judge issued, on August 29, 2023, a certificate of possession in favor of Mr. Luis Ernesto Dulanto Ojeda regarding a property located in the Pasamayo sector, district of Aucallama.

The conduct was subsumed under the very serious offense provided for in paragraph 3 of article 50 of Law No. 29824, Justice of the Peace Law, consisting of hearing, influencing, or interfering in cases knowing that one is legally barred from doing so. The property subject to the certificate was under active dispute before the Judiciary in the following processes:

• Case File No. 00067-2015-0-1310-JM-CI-01, regarding acquisitive prescription.
• Case File No. 00078-2022-0-1310-JR-FC-01, regarding eviction.

The prohibition of notarial functions

The defense of the investigated party alleged that there is no public notary in the district of Aucallama, invoking the principle of material truth. However, the Executive Council dismissed the argument upon verifying that the prohibition had been expressly communicated to her on several occasions:

• Administrative Resolution No. 443-2018-P-CSJHA-PJ, dated December 10, 2018, established categorically that the Second Nominated Justice of the Peace of Aucallama could not exercise notarial functions.
• Circular Letter No. 000001-2023-ODAJUP-P-CSJHA-PJ, dated January 19, 2023, communicated the prohibition of granting certificates of possession, residence, survival, and cohabitation.

Article 17 of Law No. 29824 only authorizes the notarial function of the justice of the peace in populated centers where no notary exists, a condition that was not met in this case. The Council specified that the issuance of the certificate compromised public trust and the function of the Judiciary, as it concerned a “case” for which the judge was legally barred.

The sanction and its scope

Pursuant to Article 54 of the Justice of the Peace Law, dismissal is imposed for the commission of very serious offenses and entails disqualification from holding any public office, whether honorary or remunerated, for five years. The measure was approved unanimously, with the presentation of Mr. Bustamante Zegarra, and signed by the president of the Council, Janet Tello Gilardi.

The resolution further provides for the registration of the sanction in the National Registry of Sanctions against Civil Servants, managed by SERVIR, and the notification of the investigated party for any purposes they deem appropriate.

Relevance of the decision

The dismissal reinforces disciplinary control over the justice of the peace, a proximity instance that serves rural populations and those with fewer resources. By sanctioning the improper exercise of notarial functions over a property in litigation, the Judiciary sends a clear message about the need to preserve public trust and the confidence of citizens in those who administer justice in the localities.

Source: Official Gazette El Peruano, Year XLIII No. 19497, Thursday, September 3, 2026, Legal Norms section, pp. 39-43 (official reference: Definitive Investigation No. 337-2025-HUAURA).