Two processes continue in the Administrative Court and in the State Council, including the case that had found its resignation.
Juan Carlos Florián, Minister of Equality, in an intervention before the Public Policy Subcommittee of the National Campesina Mixed Commission on September 11.
The express return of Juan Carlos Florián to the government of Gustavo Petro does not prevent them from continuing against him. Justice has not arrested files against the first appointment of the political scientistdespite the fact that in a matter of hours the president accepted his resignation, appointed a minister for parity norms and reincorporated Florián in the midst of political plays.
Last week, the administrative court of Cundinamarca suspended Florián while analyzing A nullity action that asked to knock it down at all for the breach of the government of the Company Lawwhich requires that at least half of the high positions of the State, including the ministerial cabinet, is occupied by women.
Both the Minister of Equality and the Presidency of the Republic appealed the decision. The Court announced Monday that it gives a period of three days to the parties that have intervened in the process —Oh, not only the government already Florián, but also to LGBTIQ+ organizations that have sent memorials – to pronounce. The turn will then be from the State Council.
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Florián resigned from the Executive on September 15, the same day that the Court provisionally separated him from the position. President Petro accepted his resignation on September 17, when he appointed Angie Lizeth Rodríguezdirector of the Administrative Department of the Presidency (Dapre) as an interim minister, causing the cabinet to have ten women and nine men.
On September 17, Florián’s defense presented his appeal. The presidency did it the next day. Both resources agree to dedicate a paragraph to which Florián resigned, but they draw their defense around the same arguments that they had expressed before the suspension: to tell Tolimense as a man in the list of ministers is discriminatory.
Can read: Juan Carlos Florián was appointed again as Minister of Equality
According to the appeal of the Presidency, of eighteen pages and who insists on qualifying Florián as a fluid gender, “the appointment of Juan Carlos Florián SilvaIt makes effective The right to gender equity, which implies the inclusion of people with non -hegemonic gender identity in the different aspects of public function and political participation. “
Throughout Wednesday, the Presidency published on its applicant web portal the resume of the Vice Minister Yeimi Murcia as the next Minister of the ICT, A week after the Head of State approved the resignation of Julián Molina, who was asked to take aside when Congress chose Carlos Camargo as magistrate of the Constitutional Court.
It was expected A ministerial tinder After the Legislative opted for the former Ombudsman instead of María Patricia Balanta, for whom the government was looking for votes. Petro requested the resignation of the Minister of Labor, Antonio Sanguino, Quota of the Green Alliance; of the ICT, of the U party, and of that of Commerce, Diana Morales, of the Liberal Party.
Until now, Molina has retired only, and her replacement will be a woman, With what the Executive has mostly women again and can conveniently keep Florián as minister. Although the LGBTIQ+ community activist tried to define himself before justice as someone with a fluid gender, on his resume he argued that his gender is masculine.
On September 21, one day before the president’s trip to New York to participate in the 80th period of the UN General Assembly, Petro officially appointed Murcia as Minister, with Decree 1011, and did the same with Florián, with the administrative act 1012. The moves in the Casa de Nariño have not stopped the course of justice.
Florián’s defense said, in its appeal of eight pages, that the precautionary measure “is not neutral”, but “is based on a strictly biological and binary reading of the genre, that completely ignores the identity of a person who is recognized and has been publicly recognized as non -hegemonic, such as Maricaoutside the man/woman dichotomy. “
Florián, the government, the plaintiff – Juan Manuel López – and the oenegés who have nurtured the file will have until September 26 to talk about the appeals, And then the Court will send the entire case to the State Council, which will decide in the second instance on the precautionary measure. After the intervention of the high court, the nullity will continue in Cundinamarca.
Meanwhile, another office will advance with another lawsuit against Florián. Subsection A of the First Section of the Court – Distinct to Subsection C, which ordered the suspension – admitted on September 16 a nullity action that the representative to the Catherine Juvinao Chamber, of the Green Alliance, filed to permanently knock Florián’s appointment.
Juvinao had filed his lawsuit before the State Council, which declared his lack of jurisdiction because the nullities against ministers compete with the Administrative Court in the first instance, who finally gave way to his homework one day after the order to suspend Florián. The plays of September 17 will be key in the development of the process.
Source: Integrated information system
