The Recurso de Amparo introduced by the representation of the National Assembly of Venezuelan Workers, before the Supreme Court of Justice operating in exile, requesting the NULLITY of the unconstitutional Legislative Act of the National Assembly (of 2015) that sanctions and enacts the Law of Reform of the Statute of the Transition to Democracy to Restore the validity of the Constitution of the Bolivarian Republic of Venezuela (see in Spanish Nuevo Herald, Piden a máxima corte venezolana anular desmantelamiento de presidencia interina, in https://www.elnuevoherald.com/noticias/america-latina/venezuela-es/article272217213.html), lands judicially what many of us have already exposed informally through social networks: the unconstitutionality of the Statute Law for the Transition.
In fact, it is not precisely since the introduction of this Amparo that this Law is unconstitutional, but since 2019, when this instrument gave operational support to the so-called Proxy Presidency, an institution that was constitutionally established as a result of the absolute absence of the President of the Republic -Article 233 of the Constitution- as a consequence of the fraud perpetrated by Nicolás Maduro Moros with his early elections in May 2018 (see full text in Spanish of the Appeal for Protection of the National Assembly of Workers, 01-02-2023, in https://tinyurl.com/4j5h3zuw).
However, the trigger for the workers' protection was not precisely the unconstitutionality of the Law of the Statute for the Transition, which in fact was already unconstitutional since 2019, but the disappearance in the last reform of the law, which occurred on December 30, 2022, of the figure of the Presidency in Charge, which was born by constitutional provision on the same day that a legitimately elected President of the Republic should appear to take charge of the country's First Magistracy.
In 2019, the National Assembly of 2015, from the very first moment, when Deputy Juan Guaidó Márquez assumed the Presidency of the Republic by constitutional mandate established in Article 233, by remaining in office as President of the National Assembly, already violated the separation of powers, so it was nothing that we Venezuelans did not already know.
The novelty of this act is that Venezuelans erroneously assumed that this Law of the Statute for the Transition gave life to the Presidency-in-Charge, when it was not so. The majority political parties of the National Assembly never intended to swear in Juan Guaidó Márquez as President of the Republic -and in fact they did not do so- because their clear intention was to control the powers of the Executive Power and they did so shamelessly, and Deputy Juan Guaidó Márquez openly allowed it for three years, generating in practice that unconstitutional parliamentary government to which the workers' Appeal for Protection alludes, because by this time Guaidó was really a hindrance as his party had separated from the parliamentary coalition.
The scandalous thing about this reform is that it is intended to convince Venezuelans that the recovery of the Rule of Law and the reestablishment of the Constitution in Venezuela can be achieved by riding on an unconstitutional absurdity. And the most relevant atrocity they committed was to eliminate the figure of the Presidency-in-Charge, which was not created by the Law of the Statute for the Transition in 2019, but by the 1999 Constitution itself.
Regardless of the opinions of expert constitutional lawyers, some of them cited in that Appeal for Protection, the deputies approved the reform at "troche y moche" as we say in Venezuela, with the excuse of maintaining control of the assets abroad and the "inefficiency" of Juan Guaidó Márquez to achieve the cessation of the usurpation of Nicolás Maduro Moros, when they themselves were the ones who decided all the actions of that Presidency in Charge, managed like a circus puppet. A resounding failure was not surprising then.
Even if we can agree on the appropriateness of this Appeal for Protection in the restitution of the figure of the Presidency-in-Charge that was trampled by that reform of the already unconstitutional Law of the Statute for the Transition, we cannot leave aside that the final interest of Venezuelans IS NOT to have a Presidency-in-Charge, but a Legitimate and Constitutional President in office. That was what was taken away from Venezuelans by the regime in May 2018, and Juan Guaidó Márquez in the Presidency-in-Charge should be responsible for the restitution of that trampled order.
That is why the Presidency-in-Charge existed, but the parties, instead of giving it the powers that constitutionally corresponded to the Executive Power, hijacked its functions in the Legislative, through that disastrous Law of the Statute for the Transition, in order to profit from the few resources that the International Community, with the US at the head, provided for its operation, and thus finance the little legitimate that remained in Venezuela. And they remained at that, demonstrating a lack of greatness and love for this country.
In the face of such distortion of values, morals, ethics and objectives, Venezuelans are suffering the worst consequences, because this action (or inaction) of those who were supposed to act in favor of our welfare, have handed the country over to the regime. And not content with that, they pretend to convince us to go to elections controlled by Nicolás Maduro Moros in the year 2024, or whenever he feels like it. This is preceded by an anesthetizing candy called "primary elections" of the same supposed opposition, author of the beheading of Juan Guaidó Márquez, the Presidency-in-Charge and the unconstitutional Law of the Statute for the Transition and its corresponding atrocious reform. You can put any adjective you want to anyone who can sell that to you.
And it is for this same reason that another group of Venezuelans concurred in October last year to the same Supreme Court of Justice in exile to request the rescue of our right to political participation and vote, and among other important petitions, the NULLITY of the Memorandum of Understanding between the usurper regime of Nicolás Maduro Moros and the so-called "Unitary Platform", signed on August 15, 2021 (see Press Release and Writ of Protection in Nullity of the Memorandum of Understanding between the opposition and the government of Maduro, before the TSJ in exile, in https://ticsddhh.blogspot.com/2022/10/solicitan-nulidad-del-memorandum-de.html and text of the protection in https://tinyurl.com/yc7r276y) (see note A Protection for the Rescue of the Right to Political Participation in, https://ticsddhh.blogspot.com/p/a-protection-for-rescue-of-right-to.html).
This previous Appeal for Protection, still pending decision by the High Court in exile, as a consequence of the foregoing, requests the designation of an Ad-Hoc electoral entity, which offers "confidence to Venezuelans", and "..." to assume the regulatory competence for the organization of the elections or consultations pertinent to Venezuelans, without interference and/or mediatization of the current factors in political conflict. assumes the regulatory competence for the organization of the elections or consultations pertinent to Venezuelans, without the interference and/or mediatization of the current factors in political struggle, since that was precisely what the Constituent wanted to avoid by establishing the right to political participation...", as stated in the Press Release that announced to the world this new attempt in the long crusade to change things in our country.
While it is true that the so-called opponents have blown up the Presidency-in-Charge, it is no less true that the basis of our struggle is not to appoint anyone to "take charge" of it, but for Venezuelans to be able to elect our legitimate representatives through equally legitimate administrators, appointed by a legitimate Court. And unfortunately, we will not be able to get all of them in Venezuela as long as there is a regime in control of the Electoral Power, and consequently, a new Electoral Power will have to be appointed in exile. That is the struggle that the Presidency-in-Charge of Juan Guaidó Márquez did not wage, nor do I believe that anyone will wage in his stead, other than those of us who are really the mourners of a return of freedom in Venezuela.
Caracas, February 9, 2023
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TIC’s & Derechos Humanos, https://ticsddhh.blogspot.com/
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