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According to Chapter XI of the current Peruvian constitution states that the role of the Public Defender or Ombudsman of Peru and its organization are to protect the constitutional rights and freedoms of the individual and the community; monitor the performance of the duties of the state administration and the provision of public services to the population.
The Public Defender is the representative and leader of the organization. He is elected by the Congress for a period of five years and enjoys complete independence in the discharge of its functions as conferred by the Constitution. To be elected it must have at least two-thirds of the affirmative vote of Congress. He is governed by the Constitution and Organic Law.
The Ombudsman does not serve as a judge or prosecutor. But tries to find solutions to the problem before accusing any individual. Consequently, it cannot dictate sentences, give orders of detention, or charge fines. Its power rests on persuasion, in the behavior modification proposals that it formulate in its recommendations, in the development of preventive protection strategies, in the power as a mediator to find solutions, and in his power of public denunciation in extreme cases.
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