The deputies Kattya González (PEN) and Édgar Acosta (PLRA), presented a constitutional amparo against the Itaipu binational last Monday, January 17. This, after the dam authorities refused to disclose details about the hiring of external legal advisors for US$400,000.
The request was made in January 2021, the answer came a year later. However, it was not what was expected by the legislators, since from the binational they affirm that it is unconstitutional to include the entity in Law 5282 of “Access to public information”.
Yesterday Monday, the same deputies; under the sponsorship of the lawyers Emilio Camacho and José Luis Torales; They answered the objection of unconstitutionality that the binational Itaipu opposed for not delivering public documents.
Binational authorities argued that the entity is not subject to forced access to respond to requests for reports and render accounts generated by citizens. They affirm that the only bodies of constitutional control are the Office of the Comptroller General of the Republic, the Legislative Power, among others.
In the answer brief, the amparistas request the rejection of the exception and that the highest judicial instance, once and for all, develop the constitutional bases on which the binational must operate, preserving the right of citizens to access public information and transparency. government as a fundamental pillar of constitutional democracy.
“Beyond the specific case that arises, the Supreme Court of Justice has the obligation and the challenge of developing a constitutional doctrine on the interpretation of a fundamental law for the functioning of the Republic,” said deputy Kattya González.
CAMACHO
Emilio Camacho, lawyer for the legislators, affirmed that the legislators contested the unconstitutionality action presented by the Itaipu lawyer.
“They maintain that they are an organization of international law that is above the Paraguayan State, which is false. They also say that for this reason they cannot deliver. We are confident that the Court will enforce the right of the State that the binational is a public source of information”, he pointed out.
From now on, it will take nine days for the Prosecutor’s Office to take a position and put together a booklet. Then the judge must send the material to the constitutional chamber of the Supreme Court of Justice (CSJ), which must resolve it within 30 business days.
BACKGROUND
It is not the first time that Itaipu authorities have been questioned for hiring external lawyers.
At the end of May, the binational contracted the law firm of Daniel Mendonca to present an action of unconstitutionality before the Supreme Court of Justice (CSJ). This, after the Comptroller will announce the audit of the socio-environmental and works funds.
What is striking is that Itaipu has a legal department. The incumbent in office is Magnolia Mendoza, wife of Senator Silvio “Beto” Ovelar. It receives about G. 100 million per month. However, the binational must resort to other professionals to present an action of unconstitutionality.
