TSJ suspended parliamentary acts from May 10 to 31 for usurpation of powers

Hace 2 años.


After a reconduction of the action of “shelter” exerted to an action of constitutional controversy, the Constitutional Court declared its competence, admitted it and agreed on a precautionary measure, according to the rules under articles 336.9 of the Constitution and 130 and 133 of the Organic Law of the Supreme Court.

The Chamber said, in a joint presentation, that the demand “is not based directly on the violation of constitutional rights, but the infringement of powers and constitutional attributionsinherent to the Executive Branch (“usurpation of functions”), by the Chairman, the Board and the majority of deputies in the National Assembly, a fact that, beyond the implications this might have in the field of subjective rights, identifies the present action with a demand of a constitutional controversy “.

Likewise, it noted that out of the content of several parliamentarian “are noted acts, performances of the National Assembly tending to the request for an intervention by international organizations and bodies in the internal affairs of the Republic, these performances that may be at odds with the standard provided in the Constitutional Article 236.4, referring to the power pertaining to the President of the Republic, to conduct foreign relations”, in line with article 226 of the Constitution, and with the criteria of that Chamber, poured in the sentence n. ° 967 of July 4, 2012.

In this regard, notes the statement that “are observed signs which might show that the legislature has assumed powers that are constitutionally proper to the executive branch, therefore this Chamber, in full exercise of its extensive precautionary powers, and in order to ensure that acts that so far have been emanating from the National Assembly and its future acts do not imply probable encroachments of functions assigned to the National Executive, delivers a precautionary measure, in the exercise of its prudent referral, reason why are suspended the the effects of parliamentary acts dated between May 10 and 31, 2016 “.

Similarly, it was ordered “to the National Assembly, its President, its Board of Directors and its members to refrain from trying to direct the external relations of the Republic and, in general, from displaying actions that are not covered by the powers that correspond to them under the existing law, and that, on the contrary, are exclusive and excluding any other branches of the Public powers; under penalty of incurring on any constitutional responsibilities that may correspond, all this with special subjection to the provisions of Articles 137 and 138 of the Constitution of the Bolivarian Republic of Venezuela, according to which “The Constitution and the law define the powers the bodies exercising Public Power, to which must subject any activities they undertake “and “Any usurped authority is inefficient and its acts are null “.