The Constitutional Chamber of the Supreme Court of Justice declared itself competent to hear the action of safeguard exercised by the Major General of the National Guard against the Attorney General of the Republic, and declared the cause of mere right to observe that its Resolution does not require processing, and declared to be effective the safeguard action exercised, noting that the Chief of Government of the Capital District is equivalent to a State Governor, who exercises the Government and Administration of his federal entity (article 3 of the Special Law on Organization and Regime of the Capital District); and therefore enjoys the prerogative of the merits judgment for the purposes of its eventual prosecution.
The Chamber observed that, by «citing» him to make a statement at the Prosecutor office as «imputed», the Attorney General of the Republic erred in a serious and inexcusable manner, incurring in abuse of power and overreaching of powers, injuring the rights of the Chief Of Government of the Capital District, against due process, defense, presumption of innocence, the natural judge, effective judicial protection, by subverting the procedure of merit judgment enshrined in the Constitution and in the Organic Law of the Supreme Court of Justice.
As a consequence of the injunction, the «summons» issued in a communication issued by the Public Prosecutor’s Office dated June 28, 2017, as well as any action by the Attorney General of the Republic or by officials acting under its Dependency or hierarchy, who intend to initiate an investigation to the Chief of Government of the Capital District, citizen Antonio José Benavides Torres, without regard to the merits preliminary ruling procedure in compliance with the constitutional and legal norms referred to.
Finally, the Constitutional Chamber declared the extensive effects of the ruling, so that anyone in a similar situation can invoke the decision of the Constitutional Chamber.
