The non-governmental organization Acceso a la Justicia questioned the decree issued by the governor of the state of Apure restricting mobility on motorcycles. “It (the decree) prevents people in the state from freely exercising their right to movement by any means,” it said, adding that this implies an invasion of the legislative functions of the National Assembly.
The non-governmental organization Acceso a la Justicia described as unconstitutional the decree issued by the governor of the state of Apure, which restricts the hours of circulation of motorcycles. The order of the regional authority establishes that these vehicles will not be able to circulate in the entity from 9:00 p.m. to 5:00 a.m.
On August 21, Access to Justice denounced that the governor’s decree is unconstitutional because it prevents people in the state from freely exercising their right to movement by any means, in this case, through motorcycles.
“Since this is an administrative act (a decision of sublegal rank), the governor violates the principle of legal reserve by limiting the free movement of people (art. 50), a matter that is the responsibility of the Legislative Branch (art. 156.32),” the court added. NGO on their social networks.
He added that failure to comply with the principle of legal reserve established in the Constitution implies an invasion of the legislative functions of the National Assembly (AN) since, he explained, this is the body in charge of regulating the exercise of rights.
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He pointed out that the decision of the regional authority ignores the principle of separation of powers established in article 136 of the Magna Carta, “given the invasion of the exercise of the law-making function of the National Assembly.”
Access to Justice explained that according to the Constitution, only in states of exception is the country’s leader the only one who can temporarily restrict the exercise of rights and with the endorsement of the AN and the TSJ, specifically the Constitutional Chamber of the highest court.
“Given the above, it is arbitrary on the part of the governor of Apure to impose a curfew on freedom of movement, when in reality this exceptional regime corresponds to the National Executive,” he added.
On August 13, the Apure state government announced through article 3 of decree 91-2 that it would restrict the circulation of motorcycles throughout the state. It also prohibits the movement of more than two users on the same motorcycle.
“Likewise, no more than two users may travel on the same motorcycle. The circulation of motorcycle-type vehicles outside of established hours will not be permitted. Only in cases where there is a special circulation permit issued by the Apure State Autonomous Police Institute, for work, health or educational reasons and in cases of duly verified emergency,” read articles 2 and 3 of this regional government decree.
This decree reinforces the use of helmets that allow facial identification of drivers and passengers of motorcycle-type vehicles.
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