According to article 338 of the Constitution, a state of external shock can be decreed “in case of internal or external conflict, which seriously endangers the security of the nation, its citizens, or its institutions.”
It is an “exceptional measure” decreed by the President of the Republic in the event that factors from outside the borders generate a direct risk for national security. This can cover military tensions, regional conflicts or even threats of foreign intervention.
In this case, and as explained by the president, the measure would be an response to the threats of the United States government, which advances under the pretext of the anti -trafficking struggle in the Caribbean.
If the measure is applied, the Executive can make “extraordinary decisions to guarantee national defense, including military mobilization, civil rights restrictions, and control over media” for a period of 90 days, extendable.
Regarding constitutional guarantees, they may be temporarily restricted, such as the intervention of public services or the restriction of communications. But, those related to the rights to life, prohibition of incommunication or torture, the right to due process, the right to information and other intangible human rights are prohibited.
Exception in Venezuela
The mentioned constitutional article distinguishes three types of exception: alarm state, economic emergency state and internal or exterior shock. In our country, article 338 was invoked, by a state of economic emergency, the Executive has issued more than 12 decrees that have allowed approved budgets to solve different events, such as facing the coercive measures imposed from the US, redirecting resources to special funds and issuing laws that protect citizens against internal or external enemies.
Likewise, the state of alarm by the Covid-19 (2020) pandemic to restrict mobility, suspend face-to-face classes and control economic activities. President Maduro discussed the activation of this decree on Tuesday during a meeting of the State Council.
Although the measure was backed by the representatives of the legislative, judicial and moral powers, based on “constitutionally shielding the actions of the State before a possible attack” against the country, it was not signed.
The activation follows a process established in the Constitution and in the Organic Law on states of exception.
