With this, the application of Law 6763 is prohibited; “That it has a procedure for control, surveillance and supervision of the national accounts, assets and assets of the Itaipú and Yacyretá binational entities”, until the substantive issue is resolved.
With this, the Comptroller will not be able to audit the funds of said binational.
Theodore Stimson, a lawyer, with a master’s degree in law and energy issues, affirms that the application of a precautionary measure is a dangerous sign because he admits that the right of the binationals to promote the action of unconstitutionality is plausible.
“I presume that if Yacyretá obtained it, there is an orientation of the Court that allows us to predict that it will rule in the same direction in favor of Itaipú. This is unfavorable because it does not allow citizens to control public resources,” she commented.
Stimson questioned that the Supreme Court of Justice (CSJ) is the custodian of the National Constitution, but at the same time, they rule against a law that favors the human right to receive information.
“It is inadmissible for the CSJ to declare a procedural law for the Comptroller’s Office unconstitutional. With or without this law, the Comptroller’s Office, by virtue of the National Constitution, already had powers”, he explained.
For the analyst, it is impossible to predict when the CSJ will deal with this issue in depth. It should be remembered that the main motivation of the planners was to control that the resources of socio-environmental expenses are not used in electoral campaigns in favor of the Colorado Party.
“By suspending the effects of the law, Yacyretá stops sharing information. Transparency, the right of the people to access information and combat kleptocracy are more important in the balance”, he stated.
For Stimson, Yacyretá is defending kleptocracy to the detriment of the Paraguayan people with this initiative.
“This is a terrible setback for transparency. The Comptroller’s Office has the right to control the binationals since they administer public resources. The court would be complicit with the kleptocrats,” he stated.
Law 6763 has three articles. Article one provides that the control of the binationals be carried out by the Comptroller. Article two establishes that the Comptroller will regulate these faculties and the protocols for control.
He says that two audits are established per year, one financial and the other works. While article three establishes that if the binationals do not provide the documents within the established time, they will be subject to raids with the help of the public force.