Breaking news from Venezuela's Venezolana de Television and Aporrea on the forfeiture of deputy Maria Corina Machado seat on the National Assembly. The Constitutional Branch of the Supreme Court of Justice has just ruled that her forfeiture based on Article 191 of the Venezuelan Consitution of 1999 is automatic and did not require any action from the National Assembly.
The Constitutional Chamber, in joint presentation, interpreted the meaning and scope of article 191 of the Constitution of the Bolivarian Republic of Venezuela, in regard to the acceptance of a representational activity (either permanent or alternates), interchangeably to its time of duration, before an international body on the part of a Member or Member of the National Assembly that is playing his charge for the duration of the period for which he was elected, and its incompatibility with the legislative function, depending on the loss of the investiture of the deputy Maria Corina Machado.
The ruling is based on provisions of the articles 191 and 197 of the Fundamental text, which indicate that members or deputies to the National Assembly may not accept or exercise public office without losing his investiture, except activities educational, academic, accidental or health care, as well as that they are obligated and compelled to perform their tasks to full-time, in the interests of the people. Equally the room noted the effective application of article 149, device that establishes that public officials may not accept charges, honors or rewards of foreign Governments without the authorization of the National Assembly.
Thus, after careful analysis, said the High Court that the application of the legal consequence provided in said Article 191, is automatic, with the acceptance of an alternative representation of a country, regardless of its duration, to an international body by the citizen Maria Corina Machado, who was in office of deputy to the National Assembly, which is an incompatible activity during the life of its legislative function in the period for which he was elected, as the diplomatic function not only is detrimental to the legislative function for which it was previously elected or elected, but in clear contradiction with the duties as Venezuela (Article 130 of the Constitution), and as Member of the National Assembly (Article 201 eiusdem).
The judgment determines that the incompatibilities for the deputies and deputies of the National Assembly, take as a purpose(finality) to avoid performances opposite to the ethics and at the beginning of sovereignty, independence, self-determination, social responsibility, international peace, justice, between others, for being these, fundamental base of the Venezuelan State.
Such a pronouncement took place on the occasion of a protection demand of collective interests against the President of the National Assembly deputy Diosdado Cabello for the supposed route de facto against the city dweller Maria Corina Machado tried by the citizens José Alberto Zambrano García and David Ascensión, in its councilmen's character of the municipality Baruta of the state(condition) Bolivariano of Elevated place, in whose(which) frame, in spite of the absence of legitimacy that produced the unacceptable nature of the demand in the terms in which it was tried, took place the interpretation of this Room, considering the national importance of the raised matter.
Translation based on Google Translate and other sources.
Source: http://www.aporrea.org/actualidad/n248178.html
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This is really big news, because the Constitutional Branch interpreted the term "public official" to include people serving in the National Assembly, and with this it includes anyone working in the government like the President, Vice President, Executive Ministers of Public Power, Judges, prosecutors of the Public Ministry including the Attorney-General. This ruling does not include civil/public servants who work as the bureaucracy of the Venezuelan government.
With the loss of Deputy Machado's seat confirmed by the Court this means that the criminal investigation of her role in the "la Salida" Guarimba Insurrection can proceed without further delay by the Public Ministry!
Oh yeah, here's a video about it as well by VTV!
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