The Anatomy of Constituent Assemblies: A Radical Macroeconomic Realignment in Peru

The Anatomy of Constituent Assemblies: A Radical Macroeconomic Realignment in Peru

Peru's June 7, 2026 presidential runoff between conservative frontrunner Keiko Fujimori and left-wing congressman Roberto Sánchez is not merely a contest of political personalities; it is a structural referendum on the country's macroeconomic foundation. By securing 12.03% of the first-round vote—buoyed by a late-tabulating rural, Andean, and Indigenous electorate—Sánchez has revived the exact institutional friction that led to the ousting of former President Pedro Castillo. The core of the Sánchez platform rests on a singular institutional mechanism: the convocation of a constituent assembly to draft a new plurinational constitution, targeted at dismantling the 1993 market-oriented charter established under Alberto Fujimori.

Understanding the viability and economic impact of this platform requires looking past electoral rhetoric to examine the legal bottlenecks, sovereign risk transmission channels, and structural state-capacity constraints that define modern Peru.

The Constitutional Bottleneck: Legality versus Sovereign Disruption

The institutional friction in Peru operates on a distinct legal axis. The 1993 Constitution does not explicitly accommodate its own wholesale replacement via a constituent assembly. Under the current framework, any constitutional amendment or structural overhaul must navigate a heavily fragmented Congress.

[Sánchez Electoral Mandate] ──> [Proposal for Referendum] ──> [Congressional Approval Bottleneck] ──> [Constitutional Court Review]

To legally bypass this restriction, the executive branch must pass a constitutional reform bill through Congress to authorize a referendum on whether to convene an assembly. The incoming legislative reality makes this a mathematical bottleneck:

  • Legislative Fragmentation: While structural reforms in 2026 compressed the number of parties achieving legislative representation, Keiko Fujimori’s party commands 22 out of 60 seats in the newly reinstalled Senate. This block is sufficient to deny the supermajority required for unilateral constitutional changes.
  • The Referendum Prerogative: The current Congress has consistently restricted the executive's capacity to call citizen-initiated referendums without legislative sign-off. Consequently, an attempt by a Sánchez administration to bypass Congress via executive decree would trigger an immediate jurisdictional dispute before the Constitutional Court.

This legal configuration creates a high-probability impasse. If Sánchez pursues an extra-constitutional route to force a referendum, the outcome mimics the institutional gridlock of December 2022. The state risk profile shifts from standard policy uncertainty to acute systemic instability, inflating the country's sovereign risk premium irrespective of whether a new constitution is materialized.


The Resource Nationalism Cost Function: Contract Rebalancing

The economic engine of Peru relies on its extractive sector, primarily as a leading global producer of copper. Sánchez’s platform targets this sector through a framework he terms "contract rebalancing" rather than outright expropriation.

The operational mechanisms of this model target three specific fiscal levers:

1. Stability Contract Renegotiation

Peru’s current investment framework protects large-scale mining operations through legal stability agreements that freeze tax regimes for specified durations. Sánchez aims to compel a renegotiation of these contracts to capture a higher percentage of resource rents during periods of elevated global commodity prices.

2. Windfall Profit Taxation

The platform proposes a sliding-scale tax on extraordinary profits generated purely by international price spikes, decoupling tax rates from fixed operational costs.

3. Structural Resource Allocation

The strategy mandates that a higher proportion of raw material revenue remain within the immediate region of extraction to fund localized infrastructure, education, and health systems.

The immediate casualty of this model is the capital expenditure lifecycle. Mining investments operate on multi-decade horizons with high upfront sunk costs. Forcing contract renegotiations alters the internal rate of return (IRR) calculations for multinational operators. Even without formal expropriation, the introduction of regulatory mutability disincentivizes foreign direct investment (FDI), driving capital toward lower-risk mining jurisdictions.


Macroeconomic Pillars and Institutional Guardrails

The structural stability of Peru has historically relied on a strict separation between political volatility and macroeconomic management—a phenomenon local analysts refer to as the "dual track" economy. A Sánchez presidency poses a direct challenge to the two institutions preserving this equilibrium.

The Central Reserve Bank of Peru (BCRP)

The BCRP has maintained monetary stability and inflation targeting through decades of executive turnover, largely due to the continuous leadership of its governor, Julio Velarde. Sánchez's stated intention to alter the direction of the central bank threatens this autonomy. A shift toward heterodox monetary policy, such as using central bank credit to finance public spending, would immediately compromise currency stability and de-anchor inflation expectations.

Fiscal Room and the Informal Economy

Sánchez proposes expanding public education spending from roughly 6% of GDP to 10%. To finance this structural expansion without triggering a fiscal crisis, his platform relies on formalizing Peru’s massive informal sector, which encompasses upwards of 70% of the domestic labor force.

The structural flaw in this strategy lies in the mechanism of formalization. The informal economy in Peru is not merely an untaxed liquid asset; it is a survivalist ecosystem driven by high regulatory compliance costs and low labor productivity. Attempting to rapidly formalize this sector via aggressive tax enforcement, rather than long-term productivity enhancements, risks depressing domestic consumption and driving small enterprises deeper into opacity, ultimately shrinking rather than expanding the tax base.


Strategic Play: The Path of Execution

For international markets, institutional investors, and regional stakeholders, navigating a potential Sánchez administration requires tracking concrete operational signals rather than political noise. The true trajectory of a left-wing executive in Peru will be revealed across three sequential milestones.

First, observe the immediate composition of the cabinet, specifically the appointment to the Ministry of Economy and Finance (MEF). The selection of a technocratic, moderate economist signals a tactical retreat toward the traditional "dual track" model to stabilize capital flight. Conversely, the appointment of an ideological ally points to an immediate confrontational push for constitutional overhaul.

Second, monitor the legislative handling of the mining sector's existing stability pacts. If the executive attempts to alter these agreements via administrative decree rather than negotiated legislation, sovereign debt downgrades will follow rapidly as international arbitration risks escalate.

Finally, evaluate the administration's stance on the newly formed Senate. The capacity of the conservative opposition to maintain a cohesive blocking coalition in the upper chamber will dictate whether the executive's radical platform is legally neutralized or channeled into structural institutional paralysis.

JM

James Murphy

James Murphy combines academic expertise with journalistic flair, crafting stories that resonate with both experts and general readers alike.