"There is a "vacuum of power" when "power is empty," that is, when no one is exercising it. Therefore, there cannot be a "vacuum of power" when someone is exercising power, even illegitimately. In this case, what there would be is usurpation of authority." (see Twitter message from Dr. Allan Brewer-Carias dated January 7, 2019, in https://twitter.com/arbrewercarias/status/1082274711214739458). In view of this definition of " vacuum of power" by Dr. Allan Brewer-Carías, a renowned Venezuelan constitutionalist, it could hardly be argued that in Venezuela there is a vacuum of power, but rather a usurpation of power. This in no way means that we do not have to fill the "vacancy" of the usurped power with a legitimate authority. That is what is still pending in Venezuela.
That is why I am surprised that the politicians have abandoned the famous route of the "cessation of the usurpation" of Nicolás Maduro Moros, indicating that it was a "mistake", which is the reason why the negotiation of the opposition with the regime is born with renewed interest and enthusiasm, a path that none of them ever abandoned, making Venezuelans believe that there was a real interest in getting rid of Maduro and his criminals, "realizing" now that the thing would not be as easy as they had thought it would be.
But as they say in the interior of the country, "they fell out of a coconut". Venezuelans reaffirm the cessation of the usurpation of Nicolás Maduro Moros and transform it into a constitutional mandate through a binding Popular Consultation, established as one of the means of political participation of the Venezuelan people in our fundamental text.
That is, it is no longer an option for politicians to decide whether or not to negotiate with Maduro in power. They no longer have that option. And I go further: those who are trying to negotiate for us no longer have the legitimate internal representation to be able to do so as of January 5, 2021. And if it is the case that any negotiation is presented in the future by whoever has the legitimacy to be able to do so for the Venezuelans, the first demand must necessarily be that Maduro steps down from power in order to think of sitting at a table.
Perhaps the international community does not understand this very well and therefore it is necessary to explain it to them very well. But this is not of interest either, for obvious reasons, to those who have attributed to themselves the supposed capacity to negotiate for Venezuelans outside the country without having the popular support. Such support expires every 5 years according to our current Constitution. And that of the legitimate National Assembly expired, as I have already indicated, on January 5, 2021. It is not a matter of deciding which part of the Constitution we apply and which part we do not apply because it is in our interest. And since there is no other legitimately elected National Assembly -because Venezuelans rejected the parliamentary election of the regime on December 6, 2020 in a Popular Consultation- nobody could assume a representation of Venezuelans for absolutely nothing outside Venezuela, even if the International Community recognizes a jurisdiction that no longer exists within the country.
Where does all this leave us? As Dr. Brewer-Carias rightly said, there is no "vacuum of power" when someone is exercising it, even if illegitimately. Based on the above, Juan Guaidó Márquez is as illegitimate and usurper as Nicolás Maduro Moros. But no one in the kingdom of Venezuela dares to say that the king is naked, especially those who should and have the moral obligation with the Venezuelans to pronounce themselves to legally indicate the legal situation of the President-in-Charge, as President and as Deputy, as well as the rest of his parliamentary colleagues. The reasons may be many, from not wanting to get into the depths of the Venezuelan disaster, to simply an inexplicable but at the same time untenable cover-up. It is not for nothing that in Venezuela there is a society of accomplices. This would be a harsh demonstration of that.
On June 1, 2018, a date where the existence of an obscure deputy named Juan Guaidó was still not even glimpsed, a group of Venezuelans where I was honored to participate, assisted by the distinguished Venezuelan jurists, Dr. Blanca Rosa Mármol de León and Dr. José Vicente Haro, we introduced an Appeal before the legitimate Supreme Court of Justice, with the purpose of exercising an "Unnominated Action with the purpose of requesting that Supreme Court of Justice, to carry out the actions that were necessary to create the required conditions, based on the Fundamental Principles of the Constitution, for the appointment of a National Emergency Government whose purpose is the reestablishment of the constitutional and democratic order in Venezuela." (see complete Appeal addressed to the TSJL, in https://tinyurl.com/3dt6e2vx).
In that Appeal we presented the constitutional and institutional reasons for that legitimate Supreme Court of Justice to cover the " vacuum of power" existing in Venezuela at that time, as a result of the vacancy illegally usurped by Nicolás Maduro Moros, requesting that this High Court appoint a National Emergency Government Council to guarantee a transition "applying the principles, values and fundamental pillars of the Venezuelan Constitution as guarantor of the supremacy and effectiveness of such principles, all in accordance with the provisions of Articles 1, 2, 3, 5, 6, 7 and 335 of the Constitution"; and to appoint a Cabinet that really takes the decisions that the interim never took in more than two years of exercise, in accordance with the situation of usurpation of Nicolás Maduro Moros, such as the designation of a legitimate Military High Command to whom the active officers still loyal to democracy can respond.
In this regard, we requested the TSJL to carry out "all types of consultations with civil society, political, academic, trade union, business, ecclesiastical, institutional and those public consultations that may be appropriate and/or necessary in accordance with Article 70 of the Constitution, to ensure the most legitimate, suitable, plural and independent integration, of Venezuelans committed to rescue democracy in Venezuela and reestablish the constitutional order, all of which must be safeguarded by this legitimate Supreme Court of Justice, as guarantor of the constitutional supremacy and of the values, principles and norms of the Venezuelan Constitution" (Page 10 of the Appeal).
Why do you think that the "opposition" politicians we all know, and who are now trying to negotiate for us, moved like tigers so that this " vacuum of power" would be constitutionally filled in the next and last legislature of 2019? Precisely to prevent all legal remedies -because not only ours was ongoing- and particularly that " vacuum of power" that had been filled by a usurper, from being decided in the highest Court of the Republic legitimately without their intervention, losing control of the political situation in Venezuela. They closed the vacuum with the designation of Juan Guaidó in January 2019 as President of the National Assembly and subsequently as President in Charge on January 23 of that year.
Despite all that maneuvering those of us who were waiting for a legitimate TSJ ruling in relation to that " vacuum of power" were satisfied, hoping that that designation would open the way for the eviction of the usurper. But that did not happen and now we are worse off than at the end of 2018 in every way. They kept the punt but did not wash the clothes, as we say in Venezuela. And still many here dare to say that they are not an obstacle to get out of this disgrace.
Now with two usurpers who do not have the backing of a legitimate election of Venezuelans, it is doubly justified what we requested on June 1, 2018 to the High Court of the Republic in exile for a National Emergency Government Council, not only to decide on a stable transition in the country but to convene a Constituent process, and subsequently free, fair and verifiable elections, as was done in Venezuela in 1946. We have more than enough republican tradition to put the country on track and even more Venezuelans willing to do so. This is another way of approaching the problem and it ends up in the same thing we have always maintained: Let the Venezuelan people decide!
Caracas, June 14, 2021
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