The Council of the Judiciary ruled to postpone until Monday, April 18, the study of the challenge filed against the candidacy of Juan Bartolomé “Ancho” Ramírez to fill a vacant position as minister of the Superior Court of Electoral Justice (TSJE).
Around the candidacy of the now former senator, there are questions for allegedly not meeting the requirement of practicing the profession for at least 10 years. Considering that he received his law degree in August 2012, that is, up to 9 years and 9 months.
Article 275 of the National Constitution reads as follows; “The members of the Superior Court of Electoral Justice must meet the following requirements; hold a university law degree and for a period of at least ten years, have effectively practiced the profession, or performed functions in the judicial magistracy, or held the university chair in legal matters, jointly, separately or alternatively”.
RAMIREZ
Juan Bartolomé “Ancho” Ramírez, a former national senator, pointed out that the exercise of the legal profession can be carried out in three ways; with the proper exercise of the profession, in teaching or in the judiciary.
“If one reads the National Constitution thoroughly, one realizes that one can also carry out functions in the judicial magistracy or teach chairs in legal matters, jointly, separately or alternatively. This leads us to the reasoning that joint would be the sum of two activities”, he stated.
In other words, Ramírez maintains that, to his career as a lawyer, must be added the years he worked as a teacher.
“This vision of mine that seems interested is shared by all the constitutional writers of Paraguay. When I answer the challenge, my answer is accompanied by the opinions of the lawyers Evelio Fernández Arévalos, José Antonio Moreno Ruffinelli, Horacio Pettit, Daniel Mendonca and Luis Lezcano Claude”, he said.
Ramírez stated that if he had the slightest suspicion that he was not authorized, he simply would not have shown up. Taking into account that he was a member of the Judicial Council at the time.
ISSUE OF ETHICS
The former senator has three teaching certificates, one at Columbia University, another at the USCA University (Santa Clara de Asis) and one year at the Judicial School, dependent on the Judicial Council.
“Bearing in mind that I received my law degree in August 2012, my seniority is 9 years and 9 months. If to this is added only the year that I was a teacher at the Judicial School, they add up to a total of 10 years and 9 months. With this, I greatly exceed the established requirement”, he highlighted.
HORATIO CARTES
Around the former senator there are questions about an alleged political closeness with Horacio Cartes, former President of the Republic. On the point, he affirmed that he has 25 years of political experience, while Cartes joined the ANR just 10 years ago.
“What brings Cartes to politics, those who affiliate him are the governors of the Colorado Party together with many leaders, including Mario Abdo Benítez and Hugo Velázquez. What happens today is that they are in separate teams, but Chartism does not bother them, I do not understand how, residually, I have to regret being a Chartist”, he pointed out in his defense.
He stressed that when the constitutional amendment was presented in Deputies for the re-election of Cartes, he voted against it. In addition to this, he has many opposing positions to said move.
“If a purely political order is sought and has the force that does not have the legal impediment, I think that a mistake is being made. In 25 years I had no complaint, you can see my service record. They can see in the Court of Auditors and in the Comptroller. I have the probity to carry out the position”, he sentenced.
pettit
Horacio Pettit, a constitutional lawyer, and one of the professionals who ruled in favor of Ramírez, explained that the central issue focuses on the second paragraph of article 275.
“It does not give any possibility to someone to interpret in another way. If the interpretation were for the sole purpose of computing the 10 successive years, we would be limiting ourselves to interpreting the profession of trial lawyer as the only requirement. We know that the sum of other activities carried out by a person with a qualifying title such as the Judiciary or the exercise of the chair in legal matters, are valid, ”he stressed.
