The bench of Free Peruat the initiative of Congressman Segundo Quiroz Barboza, presented a bill that proposes to increase the number of votes to declare the president’s vacancy of the Republic.
It’s about the legislative initiative 1876/2021-CRwhich proposes to modify literal d) of article 89A of the Regulations of the Congress of the Republic, which would be worded as follows:
“The agreement that declares the vacancy of the Presidency of the Republic, for the reasons provided in subparagraph 2) of article 113 of the Constitution, requires a qualified vote, in double voting, not less than 4/5 of the legal number of members of Congress and is recorded in a Resolution of Congress”.
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The explanatory statement notes the lack of correspondence between the shielding of a President of the Republic during his mandate (such as article 117) and the possibility of being easily vacated due to moral incapacity (article 113°.3).
He also recalled that according to a sentence of the Constitutional Court (TC)the highest position in the Nation could not be left vacant “As a consequence of a simple majority that is unable to represent that popular will that directly elected the President”.
It also states that a qualified vote “It operates as a procedural guarantee capable of ensuring the preservation of the democratic functioning of society and guaranteeing the stability and governability of the country”.
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Similarly, he stated that when the CT established that the vote to approve the presidential vacancy due to moral incapacity should not be less than 2/3 of the legal number of members of Congress, it did not establish that it be equal to that number of votes, but that said vote should be considered as the minimum required for the purpose.
“In that sense, it considers that the vote required to declare the presidential vacancy due to moral incapacity should be equal to or greater than 4/5 of the legal number of congressmen”he underlined.
