Supreme Court declares Decree of State of Exception and Economic Emergency as Constitutional

Hace 1 año.


The Constitutional Chamber of the Supreme Tribunal of Justice (TSJ) declared the constitutionality of Decree No. 2452, issued by the President of the Bolivarian Republic of Venezuela, by which is declared the State of Exception and Economic Emergency throughout the national territory, given the extraordinary circumstances in the social, economic and political scopes, that affect the constitutional order, social peace, national security, the public institutions and the citizens inhabiting the Republic.

The decision of the High Court of the Republic, refers to the Presidential Decree published in the Official Gazette n. ° 6,256 of September 13, 2016, was issued in compliance with the parameters provided for in the Constitution, the Organic Law on States of Emergency and other legal instruments, preserving human rights and protection of the basic text, the State, its institutions and the people, why declaring that it entered into force since it was issued and its legitimacy, validity, effectiveness constitutional and legal effectiveness remains intact as provided in the Constitution of the Bolivarian Republic of Venezuela.

It reiterates the statement made by the Constitutional Chamber of the Supreme Court, on September 2, 2016, in which he declared manifestly unconstitutional and therefore absolutely void and lacking any validity and legal effect, acts emanating from the National Assembly, including laws are punished, while the contempt is maintained at the Electoral Chamber of the Supreme Court. In consequence, the judgment declared as void, non-existent and ineffective the agreement in rejection of the Decree of State of Exception and Economic Emergency, adopted by the majority of the National Assembly on Tuesday, September 20.

The Supreme Court of the Republic ruled in order to support the urgent, compelling exceptional and necessary measures to ensure the population the full enjoyment of their rights, to preserve the internal order, timely access to goods, services, food, medicine and other products essential to life.

Finally it is noted that the judgments of the Constitutional Chamber of the Supreme Justice Court are binding and with Erga Omnes effects, even to all bodies of the National Government.