TSJ declared constitutionality of State of Exception and Economic Emergency

Hace 2 años.


In a joint presentation of all magistrates and judges, the Constitutional Chamber of the Supreme Court affirmed the constitutionality of Decree No. 2,323, whereby is declared the State of Exception and Economic Emergency, given the extraordinary circumstances of social, economic, political, natural and ecological order that seriously affect the national economy, published in the Official Gazette of the Bolivarian Republic of Venezuela N ° 6.227 extraordinary of May 13, 2016.

In said judgment No. 411 of May 19, 2016, the Supreme Court of Justice appreciated that the measure declaring the State of Exception obeys to the meritorious need to protect the Venezuelan people and its institutions, a direct expression of the public authority, which have been the subject of internal and external threats, and actions to destabilize the economy and social order of the country, being unavoidable for the restoration of economic activities at the national level, and it results proportional, relevant, useful and necessary for the exercise and development of the constitutional right to economic, social and security protection of the Nation, by the State, unavoidable for the construction of a just and peace-loving society, and for the promotion of the prosperity and welfare of the people, as provided for in Article 3 of the Constitution.

The Constitutional Chamber verified that the Decree complies with the principles and rules contained in the Constitution of the Bolivarian Republic of Venezuela, in international treaties on Human Rights validly signed and ratified by the Republic, and the Organic Law on States of Emergency, and therefore he spoke positively about its constitutionality because it meets the ends of utility, proportionality, timeliness, adequacy, strict need to resolve the situation presented and with a full subjection to the constitutional requirements, being geared to adopt the appropriate measures that allow to address effectively the exceptional, extraordinary and crilical situation affecting the economic life of the Nation, of a climatic, economic and political nature.

The ruling stresses that the National Assembly has again antagonized the rule laid down in Article 27 of the Organic Law on States of Exception, “by configuring their silence and subsequent untimely and legally defective performance, an acquiescence to the decree” therefore it was forced to declare that was violated the procedural law the juridical security and due process enshrined in Article 49 of the Constitution, fundamental pillars of the constitutional rule of law (vid. arts. 2, 7, 137, 334, 335 and 336 of the Fundamental Text) and that the legislative body by operation of law had upheld Decree, determining that it was null and void for being unconstitutional the process that culminated in the constitutionally irked agreement dictated by the National Legislative Power, on May 17, 2016.

Finally, the Constitutional Court states that Decree No. 2323, issued by the President of the Bolivarian Republic of Venezuela, through which is declared the state of Exception and the Economic Emergency, given the extraordinary circumstances of social, economic, political , natural and ecological nature that seriously affect the national economy, came into force since it was issued, and its legitimacy, validity, effectiveness and juridic-constitutional efficiency remains irrevocably unscathed, as provided in the Fundamental Text (on the consequences of Juridic control and political control, as well as other issues related to this case, see judgments of this Court under No. 7 of February 11, 2016 and 9 of March 1, 2016).