2023-05-15 13:16:58
After the decision of the Supreme Court of Justice of the Nation suspend the gubernatorial elections In the provinces of Tucumán and San Juan last Sunday, the Formosa opposition filed a complaint before the Justice with the aim of having it replicate its actions and that the current president, Gildo Insfránhe cannot present himself as a candidate once more, taking into account that he has held local power for 28 years.
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Sponsored by lawyer Carlos Roberto Lee, the complaint filed by the national legislator for the “Alliance Together for Free Formosa”, Fernando Carbajal, refers to “the legal vacuum” and the “ambiguity” of Article 132 that might allow Insfrán’s eighth term as governor.
In this context, he requested that “anyone who intends to perpetuate themselves in power, at the expense and to the detriment of the people of Formosa” be “disqualified and challenged”, in a clear reference to Insfrán.
In this way, he requested a “precautionary measure” to suspend the elections for the post of governor and lieutenant governor scheduled for June 25. A measure similar to the one that prevented Juan Manzur and Sergio Uñac from appearing.
“The situation is not the same from a legal point of view, but it presents similarities. The difference is that here the Constitution says that he can be reelected. There is a question of interpretation, because it does not specify how it can be indefinitely ”, Carabajal had stated days ago to TN.
“When there is a norm that is not clear or precise, it must always be interpreted in accordance with the constitutional precepts. If indefinite reelection is contrary to republican principles, it should be interpreted as meaning that he can be reelected only once, even if he does not expressly say so, ”he said at the time.
Along the same lines, the legislator had clarified: “Even if this were not the case, even if it was understood that he might be reelected indefinitely, that clashes with article 5 of the national Constitution that establishes the republican form of Government. And that is clarified in the ruling once morest Uñac”. “That left the door open for the case of Formosa and from the UCR and I as a candidate for governor we are going to challenge the Court,” he warned.
“The Court opened the door to direct action, with which it is acknowledging that the interpretation of the provincial constitution is a federal matter and enables the original jurisdiction of the Supreme Court and is willing to pronounce itself,” Carbajal remarked. And he sentenced: “This opens a scenario that was previously impossible. Between the time the candidacy was made official and you arrived at the Court, the case remained abstract”.
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