Alberto Fernández with Martín Soria and Juan Martín Mena
The national government will get fully involved in the Jujuy crisis due to the application of the new provincial constitution, which caused serious incidents in the province last week. Just over a week after the protesters entered and set fire to the provincial legislature, the Executive will intervene in the conflict.
As confirmed to Infobae, the Minister of Justice, Martín Soria, will present tomorrow a declaratory action of the unconstitutionality of the Constitution of Jujuy before the Supreme Court. Thus, he complied with a request that Alberto Fernández had made and that the President himself made explicit a few days ago at a press conference at the Casa Rosada.
“I have instructed the Ministry of Justice of the Nation to analyze and eventually promote actions of unconstitutionality of the articles of the reform voted in Jujuy, which violate the National Constitution and international treaties,” Fernández had said. Tomorrow it will be Soria who fulfills the request.
The declaration of the new provincial constitution generated serious incidents at the door of the Legislature (REUTERS/Charly Soto NO RESALES. NO ARCHIVES)
One of the articles that resistance caused in the province is number 67, in which roadblocks are prevented. When he presented the new Constitution, Morales was inflexible. “The prohibition of roadblocks is a conviction,” he said. The article, entitled “The right to social peace and peaceful democratic coexistence”, establishes that “the State must ensure that people exercise their rights without encroaching on the rights of others, and guarantees the free movement of people.”
This medium was able to access the statement where it is noted that “the Province of Jujuy commits abuse, when introducing the new wording of art. 67, infringes the National Constitution and international agreements included in it”.
Along these lines, he points out: “We can assume that the greater the impact on a given sector, the greater the volume of the protest will be and it will exceed any power of limitation. And there will be a legal tool that clearly tends to criminalize protest.”
The statement indicates that “under the terms of article 322 of the National Civil and Commercial Procedure Code, and Your Excellency’s jurisprudence, we have come to file a declaratory action against THE PROVINCE OF JUJUY, so that Your Excellency declares the unconstitutionality and unconventionality of articles 67 inc. 4°, 94 and 95 of the Constitution of the Province of Jujuy”.
The Governor of Jujuy, Gerardo Morales
In the presentation of the Ministry of Justice, it is pointed out that the new rule “breaks the reasonableness that should characterize all legal rules” and that it is “a matter of very high institutional gravity.” In addition, they add: “Nor should the undeniable institutional gravity that the issue entails be ignored, since the institutional order of the republic and the democratic system, as well as the values that sustain it, are at stake.”
For Soria, in charge of the presentation, “the Province of Jujuy, through its renewed magna carta, overwhelms various constitutional enshrined rights” and considered that there were “very serious repressive acts that occurred after its promulgation.” In this sense, he highlighted the critical expressions of the Inter-American Commission on Human Rights (IACHR) during the most violent hours in Jujuy.
“The provincial Constitution, in the aspects that are currently criticized, seriously violate human rights enshrined in our National Constitution and international Treaties to which the Nation is a party, compromising to a great degree the international responsibility of the National State”, indicates the minister at the presentation.
Gerardo Morales’s response
Two days ago, the National Human Rights Secretariat denounced the Jujuy government for the repression of the protesters and asked the justice system to initiate a criminal investigation into the actions of the provincial security forces. “The presentation requests that the numerous acts of police violence in the protests against the constitutional reform of the province be investigated,” said the secretary of Human Rights, Horacio Pietragalla Corti.
“The destabilization attempt in Jujuy is confirmed. The best that can happen is for the Supreme Court to analyze the level of expansion of rights enshrined in this Constitution. These types of reforms are what the country needs to leave behind the picketing industry and the extortion that has been destroying us,” replied Gerardo Morales, accusing Alberto Fernández of “encouraging” violence.
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