Sectors rethink strategies to fight for the census by 2023

Jurist observes that compliance action to “remove Camacho from office” was erroneously filed by the MAS

February 7, 2023, 23:08 PM

February 7, 2023, 23:08 PM

This Tuesday afternoon it was learned that the Third Criminal Chamber admitted enforcement action presented by assembly members of the Movimiento Al Socialismo (MAS), in which he proposes to the Departmental Legislative Assembly (ALD) that it “remove the exercise of office” from Luis Fernando Camacho, and assume his replacement, the lieutenant governor Mario Aguilera.

For the lawyer Luis Fernando Roca, enforcement action presented by the MAS It is badly “directed and raised”, since the lawsuit should have been filed with Governor Luis Fernando Camacho and not with Zvonko Matkovic and Mario Aguilera; however, it was admitted because it complied with some formalities that are based on article 33 of the Constitutional Procedure Code.

“The mandate belongs to Governor Luis Fernando Camacho, the action is not clear and had to be rejected because he sued third parties like Zvonko (Matkovic) and Mario Aguilera,” explained Roca in contact with THE DUTY.

The assembly member for Creemos, Paola Aguirre, was the one who announced the admission of the compliance action, so that “two members of the Departmental Court of Justice (TDJ) submit the cruceno vote”, as a result of Camacho’s arrest and he is removed from the exercise of the position.

This is a serious blow to democracy.because in the event that it materializes, there is no legal norm that establishes that an elected authority, just for the fact of being detained preventively, is separated, ”denounced Aguirre.

During the interview with this journalistic house, Roca emphasized that both Matkovic as Aguilera They are not authorities that have a mandate to fulfill. in the temporary absence, in this case, of Luis Fernando Camacho. He pointed out that said action derives from a lack of passive legitimation and because article 25 of the Autonomous Statute of Santa Cruz It is not clear on the issue of temporary absence.

The lawyer pointed out that, if the two members do not validate these arguments, and decide to agree with the compliance action of the MAS assembly members, could determine that Mario Aguilera assumes the reins of the Santa Cruz Governoratewhich should be complied with immediately.

He clarified that, given this scenario, the authorities of the Legislative Assembly and the Governor’s Office in Santa Cruz they could come before the Plurinational Constitutional Court (TCP).

“The constitutional chambers have the power to resolve the tutelary actions, because they seek to comply with the constitutional mandates,” emphasized Roca.

The hearing to review the enforcement action will take place this wednesday february 8 at 1:00 p.m.

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