2023-07-12 12:30:21
Mundaray points out that no element of the primaries is a binding factor. In this context, there is no room for the participation of the State, as requested by Ratti when presenting an appeal for amparo before the TSJ
Zair Mundaray, lawyer and former Public Prosecutor, criticized the appeal filed by the politician Luis Ratti once morest the opposition primary, but also, questioned whether the Supreme Court of Justice (TSJ) received it.
In an interview granted to the whistleMundaray described Ratti’s action as “impossible”since the primary is a non-binding event, of sovereign exercise of citizenship, which is protected by article 70 of the Constitution.
«Once the Constitutional Chamber coined the term improposable, regarding a sentence. What Ratti raises is that: something improposable»Mundaray noted.
The lawyer explained that the Constitution establishes, in article 70, “the means of participation and leadership of society in the exercise of its sovereignty in politics.”
«People have capacities for self-determination, for the search for political solutions to their problems, this is a civic exercise, so that cannot be contrary to the Constitution and no public power can interfere,” he added.
According to Luis Ratti, his legal action is once morest alleged “vices” of the primary processas well as to demand that the internal opposition election must have the assistance of the National Electoral Council (CNE) and that, furthermore, disqualified candidates should not participate.
Acting of powers
Mundaray points out that no element of the primaries is a binding factor. In that context, there is no room for state participationas requested by Ratti when filing an appeal for protection before the TSJ.
“This is a private event. Who are the decisions made within the framework of the National Primary Commission or the result of the primary? Nowhere does it imply an obligation -to do or stop doing- on the part of the State, except to respect the self-determination of people, as stated in article 70 of the Constitution. In the choice of an issue that is the responsibility of citizens who are of a particular political sign, the State does not have to participate in that, “added Mundaray.
Likewise, he pointed out that in a democratic State, regardless of powers, Ratti’s request would not merit any processing by any of the TSJ instances.
“That is a fundamental human right, which is that of political participation. The TSJ is the last instance when it comes to amparo once morest individuals, some even do not even reach the TSJ, so the first aberration is that the TSJ has received it, when it is a amparo once morest individuals and not once morest a public entity; It is nonsense,” warned Mundaray.
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