This case is added to the trial that the Paraguayan State is carrying out before the Inter-American Court for the impeachment of the former ministers of the Court, Bonifacio Ríos Ávalos and the late Carlos Fernández Gadea.
The Paraguayan State refused to reinstate or compensate both former senior magistrates, so this situation had to be reached. Regarding Fernández Gadea, the compensation was going to be for his family.
Due to this situation, the legality of the impeachment application was once again debated. In addition, it was questioned whether it is necessary to regulate it for its correct application.
DUARTE
Marcelo Duarte, constitutional lawyer, pointed out that this situation has already been analyzed repeatedly and on all occasions the conclusion was reached that the National Constitution is quite clear regarding the procedure to carry out the process. In such a way that a legislative regulation of the figure is not necessary, since all the steps to carry it out are in the same Constitution.
“The fact of regulating the law would not free the Paraguayan State from being sued for the alleged unconstitutionality. That is in the hands of the interpretation of those affected and international organizations, “he said.
Regarding the Lugo case, he advanced that in practical terms he sees it as unlikely to be reversed, and that only delaying actions could be carried out.
“If it is reversed, it would leave the Court in a bad position, so I doubt that it can happen,” he said.
BONIFACIO RIOS
Regarding the Bonifacio Ríos Ávalos case, he affirmed that if the regulation used for the accusation can be questioned, the new regulation can also be attacked, and if it does not prosper in favor of the interested parties, international organizations can be resorted to.
“We are exposed to political fluctuations that transcend borders. From my point of view, the position taken by the IACHR on the Lugo case is an erroneous position. It was more of a political decision than anything else,” he said.
LOSS OF INVESTMENT
When asked about the need to regulate the loss of investitures, he pointed out that no regulation is necessary either, since the National Constitution is absolutely self-sufficient in terms of the steps to follow. As well as the requirements and how majorities are calculated.
