Peruvian cumbia orchestra Grupo 5 has lost its final legal appeal against former vocalist Luis Antonio Sosaya Cueva, known artistically as Toño Sosaya, and must pay him S/619,574 in compensation and legal interest following a ruling by the Constitutional Court of Peru.
The country's highest constitutional tribunal rejected an amparo lawsuit brought by the Monsefú-based musical group that sought to set aside a 2023 Supreme Court decision in favor of the singer.
The ruling brings a definitive end to a labor lawsuit launched in June 2010 over unpaid social benefits and arbitrary dismissal. Under the judgment, the orchestra will pay Sosaya S/425,549 in compensation alongside S/194,025 in accrued legal interest.
Constitutional Court rejects final amparo claim
The Constitutional Court determined that Grupo 5 could not use an amparo action to challenge the ruling of the Fourth Transitory Constitutional and Social Law Chamber of the Supreme Court, which had declared the band's cassation appeal inadmissible in 2023.
In its ruling document, the constitutional tribunal explained that the cumbia group was attempting to re-examine the evaluation of evidence already conducted during the original labor trial.
The court stated in its decision that the lawsuit had to be dismissed because no violation of fundamental rights invoked by the group was observed in the previous judicial actions.
An amparo action in Peruvian law is a specialized constitutional remedy designed to protect fundamental rights against unlawful official actions. However, constitutional magistrates ruled that ordinary labor disputes cannot be reopened through constitutional claims simply because a party disagrees with how evidence was assessed.
Thirteen-year labor trial and Supreme Court judgment
The legal dispute between the singer and his former employer began on June 17, 2010, when Sosaya filed a formal claim requesting social benefits and compensation for arbitrary dismissal following his departure from the group.
The singer had previously secured favorable decisions across all three levels of the regular Peruvian judicial system, including the initial labor court, the superior court, and the Supreme Court of Peru.
On January 17, 2023, the Supreme Court issued an order declaring the band's cassation appeal inadmissible, concluding the labor litigation after nearly 13 years of court proceedings.
Following that defeat, Grupo 5 filed a constitutional amparo demand in an effort to annul the Supreme Court resolution and force a reopening of the case. The amparo demand was rejected in both first and second instance courts before reaching the Constitutional Court for a final decision.
Impact on Monsefú cumbia orchestra
Grupo 5, founded in Monsefú in the Chiclayo province of northern Peru, is widely recognized as one of the most prominent cumbia and tropical music groups in the region.
Toño Sosaya performed for years as a key vocalist for Grupo 5 during a period of major commercial success for the group. With the Constitutional Court's decision now leaving the judgment firm, no further legal appeals remain available to the orchestra.
