In dictatorship, any legal interpretation is possible.

in #venezuela8 years ago

I can not start this publication assuming that the Venezuelan Supreme Court is committing in an impossible and unfortunate sequence, a kind of chain of misinterpretations regarding the constitution of the nation, because at least I do recognize that we are in dictatorship , And that within the same, the manipulation of the law is an everyday process to give legal and political ground to the imposed regime


Let me remind you punctually that you are in dictatorship, when the means that a society has to change a national situation, are neutralized by pseudo-legal subterfuges; When the rights of the citizens and the means of organization of this, are violated and disrespected, and when the president abrogates for himself, the decision making expressly reserved by the constitution to any of the powers that constitute the republic.


The rest, (and excuse me the expression), are pendejeras of intimidated people who do not want to accept the reality in which it lives.


All of this comes at this point because of the recent decision of the TSJ that frees the dual nationality, the only impediment that prevented them from accessing the power in Venezuela, to exercise the presidency of the republic, and this, of course, Because currently the vice presidency and the presidency, are exercised unconstitutionally by citizens with that condition.


NOTE: Do not lose sight of the fact that in Venezuela there have been hundreds of cases where citizens of other countries have arrived in our territory and in a matter of weeks acquire identity card that accredits them as men and women born in the country, even though That same day they do an interview and they do not know anything of Castilian.


For those who like to read legal references before making judgments, I leave here the articles in question, within the Venezuelan constitution:


Article 41: It states that only Venezuelans for "birth and no other nationality", may "hold the positions of President or President of the Republic, Executive Vice President or Executive Vice President, President or Vice President or Vice Presidents of the National Assembly, magistrates or Members of the Supreme Court of Justice, President or President of the National Electoral Council, Attorney General or Attorney General of the Republic, Controller or General Comptroller of the Republic, Prosecutor General of the Republic, Ombudsman, Ministers or Dispatches related to the security of the Nation, finance, energy and mines, education, Governors or Governors and Mayors or Mayors of the border states and municipalities.



Article 227: "To be elected President is required to be Venezuelan by Venezuelan by birth, not have another nationality, more than thirty years, of secular status and not be sentenced by a definitive sentence and comply with the other requirements established in this Constitution".



Now let us go into the matter and contemplate a "living and in the wild" test of an accomplice with the mentioned dictatorship, executed on this occasion by the aforementioned "Supreme Court of Justice" of Venezuela:


 "This Chamber, as the maximum guarantor and interpreter of the Constitution ... establishes that the requirement to have Venezuelan nationality by birth, as sole and exclusive, is an essential condition for anyone who aspires to public offices that require such status expressly in the Constitution, therefore citizens who aspire to public office and that the Basic Text establishes such a condition, will be subject to the budget of the original Venezuelan nationality as unique and exclusive, and therefore obliged to refrain from opting for another Nationality or, if it is the case, to renounce the other nationality or others they hold, in order to participate in the election or in the postulation of the post ", (Judge Juan José Mendoza).



As you can imagine, the article can be interpreted in at least two very different ways: the first, which precisely (and convenient for those who are currently vice and president, respectively), offered the TSJ (which is ethically signaled by its irregular way To be named and by its form to act from that point); the other:


That having acquired or having another nationality for whatever reason, disqualifies him for the position.


In my opinion, the second deprives the former, for an elementary principle of preservation of the value and interest of Venezuela:


There is no way to verify that the interests born of a second nationality will not have an influence on the conceptions, positions and decisions of those who hold those positions and govern, in relation to the country that was the origin of their second nationality, regardless of whether Renounce it.


It can justify the unjustifiable and even remain unharmed. As we see, the renunciation of a specific nationality does not imply by itself that the interests acquired through a breeding and family ties and other loyalties by that condition disappear or are kept in private ; Even more so if we consider that even our own constitution establishes mechanisms for a citizen to "renounce it (citizenship), and then resume it" (*), and if it exists in any legal instrument in the said country of origin of the nationality (36) (CRBV) "It is possible to renounce Venezuelan nationality." (Article 36) (CRBV) "It is possible to renounce Venezuelan nationality. Anyone who renounces Venezuelan nationality by birth may recover it if he is domiciled in the territory of the Republic for a period of not less than two years and expresses his will to do so. Venezuelans by naturalization who renounce Venezuelan nationality may recover it by complying again with the requirements of article 33 of this Constitution. "Look, we can not lose the prospects of why we founded the constitution as the written soul of the nation: Fundamental existence all our moral and ethical actions, to act accordingly in a climate of social justice and protagonist participation, where the exercise of the law (and I quote Bolivar), is the exercise of freedom. (**) (**) Article 1. "The Bolivarian Republic of Venezuela is irrevocably free and independent and bases its moral patrimony and its values ​​of freedom, equality, justice and international peace on the doctrine of Simon Bolivar, the Liberator. "When we put before the conscious actions (public or private) of an individual, the possibility of changing their status of nationality and then reverse it, we enter right into the muddy ground of betrayal, and this sets us on the path of what the code Venezuelan penal establishes. No one can doubt that emotional reasons (loyalty to parents' homeland, for example), economic (aspirated profits), and politics (ambition of influence in foreign regions, political prestige internally) are core and plausible motivations when it comes to To be immersed in the offenses described and punished by the Venezuelan penal code: CHAPTER I On treason and other crimes against it "Article 128 - Anyone who, according to a foreign nation or with foreign enemies, conspires against the integrity of the Territory of the country or against its republican institutions, or hostile by any means for any of these purposes, shall be punished with the penalty of imprisonment of twenty to thirty years. "" Article 129- Who inside or outside Venezuela, without complicity With another Nation, to attack the independence or integrity of the geographical space of the Republic alone, shall be punished with imprisonment from twenty to twenty-six years. With the same penalty shall be punished who requests, manages or impels, in any way , The intervention of a foreign government to overthrow the Venezuelan government. "" Article 132 - Any person within or outside the national territory conspire to destroy the republican political form that has been given the Nation will be punished with imprisonment from eight to sixteen years . "(Upsss !, excuse me! Article 132 was keeping it for the process that awaits Nicolás Maduro!) In short, there are reasons to consider, (only to carry out with a sovereign right to doubt and criticism of immoral or unethical procedures as Venezuelan citizens born In the territory, we have) that the lever of justice has not only been doubled and broken, but also stolen, painted and now try to sell it as new and better, bringing with it in fact light on the gloomy stage of government It is in the hands of ethically sound lawyers, to argue the formal demand against this sentence marked by the dictatorial environment, that although it does not arrive at happy term according to the constitution and the Laws, if it will serve as irrefutable proof of the abuse of power that is capable when a court that should be "Supreme and Justice" is handpicked, "between cocks and midnight," without attachment to existing ethical procedures, And now resting in the trunk of memories, makes decisions that go against the highest values ​​established in the preamble of the constitution, as sovereigns. Let us not let this serious fault pass under the table; Not in the same way that we allowed the politicians and the TSJ to end up abusing almost sexually of the recall referendum, because of their constant acting always based on their conveniences, and not In those of the majorities. Have you noticed ?: Here suspending a constitutional mandate with a mere "new" interpretation is as easy as forgetting that even the recall referendum can (and should) be done, because the initial intention of the sovereign , It can not be tied to vacuous legal arguments that obviate the established precedents and that demand the fulfillment of the request to exercise this constitutional mechanism, without having to ignore it nothing more because the failed ones that call themselves opposition, were not able to articulate adequately the Popular clamor, preferring to focus on future elections of governors and mayors (guess where there are more charges to be distributed), which will only be done when the regime decides when and how. For things like these, is that in Venezuela it is easier to have dual nationality And to be president, to put into practice an elementary sovereign right of us all. It proves more than the catatonic state of society and its republic. There is still time, but frankly I do not know if we deserve it. Posted by Un Venezolano at 2:31 PM No comments: What liquid milk says about Venezuela ... Seldom I have Started an entry to the blog starting from an everyday fact as it can be the purchase and consumption of a food product, but is that perhaps as a proof that all things are interrelated, I feel the need to stop to talk about milk Can be obtained in the Venezuelan retail market. Like many people, I enjoy the consumption of this dairy product, that our very criolla economic crisis has been moving away from the refrigerator of my home, as its price has been going up and my purchasing power decreasing . Before it was rather something that was not thought much, as it was always available (like food). Today, as with almost everything, his absence is noticed. Now, one thing was to buy it before (milk), and another is now, and I do not mean by that to which it could be acquired, but to what it can today Bought as such. Nowadays, milk is commercialized in Venezuela in approximately 8 ways: liquid (pasteurized or long-lasting), fat content (skimmed or normal), or powdered (whole, semi-skimmed or skimmed) "Milk drink" (reconstituted from milk solids extracted as a by-product of other industrial processes). That is in theory, I must insist; The current economic situation has made it possible to obtain milk in any of its first seven presentations, at least very difficult in the formal market, reducing in many regions of the country, and where I live in particular, their availability only to The last form of presentation: the "milk drink". Here begins the interesting: Why this presentation? Who would want to drink a milk drink (too manipulated milk), when you can drink the whole milk? The answer to these questions will lead us to a sad reality (tolerated by Venezuelan society), which will show us how the way of doing politics and social life organized as Nation, ends up making so little ethical value for almost everything in the country. Milk drink, as its name implies, can not be technically termed "milk", since its composition differs particularly in one thing: the Volume of water present per unit of milk matter: The milk drink has in essence one part of water for each part of milk.This for those who choose it, it should suppose that its price must be smaller, because it has less content Of "that" which has an important cost in the production of the same (milk itself), but surprise !: Its cost is three or four times greater than the equivalent of pure pasteurized milk! (100%, 60%, 30%, and "juice-flavored drink"), pasta (different cooking times), to the one of the perfidious angles of the food regulatory policy of the Venezuelan market, applicable to juices Rice (flavored or parvolized), coffee ("gourmet"), and butters (flavored), to mention a few.

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