The text is praised or ignored by both the Nicolás Maduro regime and the opposition leader Juan Guaidó, according to the needs of the moment.
“It is the best Constitution of the American continent. It is, I do not doubt it, compatriots, one of the best constitutions in the world.” The then president of Venezuela, Hugo Chávez, said it in December 1999, days before the Magna Carta was approved in a referendum. This is how the current president, Nicolás Maduro, and the opposition leader Juan Guaidó also see it today. But only sometimes.
Both of them they cling to the constitutional text when the content of their articles is favorable to themIn the same way that both use it as a thrown weapon against their opponent when they consider that the other violates the mandate. But none of them admit that they ignore it, according to convenience, despite the fact that both do so.
The expert internationalist and Venezuelan analyst Giovanna de Michele explained to the EFE agency that “there is no full compliance with the Constitution by any of the sectors that make politics in the country at this time.”
“The violations of the Constitution by the government are evident and categorical, and it is precisely the repeated breach of the Constitution by Hugo Chávez at the time, and later by the Nicolás Maduro Administration, which has caused the political tirade to spread. move in a context outside the constitutional text, “said de Michele.
According to the expert, non-compliance by the Executive It is what leads the opposition to react to the violations of the Magna Carta with responses that do not conform to the constitutional mandate, but sometimes, “there is no other option.”
When the government ignores the Constitution, “it is very difficult to react with answers that literally conform to the constitutional text, because, among other things, it does not open the possibility of responding to the violation by any other means than ignorance of the institutions and the public powers “, as Guaidó did in January 2019.
“That is what has been happening in Venezuela. Assuming that the national Constitution is one more institution within the power structure of the Venezuelan State, it has necessarily been necessary to ignore fundamental aspects of the constitutional text in order to react to unconstitutional facts that come from the Central administration “, he specified.
“The National Armed Forces constitutes an essentially professional institution, without political militancy, organized by the State to guarantee the independence and sovereignty of the nation and to ensure the integrity of the geographic space, through military defense, cooperation in the maintenance of internal order and active participation in national development “, reads the Magna Carta.
However, the government violates this article of the Constitution -328- and publicly exhibits the outrage in the mouth of the Defense Minister himself, Vladimir Padrino, with the connivance of Maduro, who listens and agrees.
“They will never be political power in Venezuela in life (…) as long as there is an Armed Forces like the one we have today, anti-imperialist, revolutionary, Bolivarian, they will never be able to exercise political power in Venezuela (…) I think it is It is good that this faction of thugs, politicians understand it, “Padrino said at a military event, referring to the opposition.
For de Michele, this “is just one more example of the daily systematic violation of the Constitution” of 1999 by the Executive, “which deepened in 2007”, when Chávez called a referendum through which the Venezuelan people rejected the constitutional reform, but that also “has been implemented.”
By not taking into account the public opinion reflected in the consultation, the government “has established a sort of parallel state to the one defined by the Constitution, which leads to one violation after another by who should be the main guarantor and has led to the mess we have today. Practically nothing can enter through the constitutional ring. “
However, everything changes depending on the situation. Recently, the European Union responded to the government’s invitation to send observers for the legislative elections of December 6, which in order to make it possible, the date would have to be postponed, since the organization of an observer mission requires more time to spare.
Maduro responded that the EU conditions are “impossible” to fulfill since they constitute a violation of the Constitution.
According to the analyst, whether or not to respect the Magna Carta “is an accommodating attachment, highly conditioned to the needs and purposes of the government, which makes a very particular interpretation according to the circumstances.”
The systematic violations of the Constitution by the government are – Michele points out – those that have led the opposition to also breach the mandate of the Magna Carta, whose peak was reflected in January 2019, when Guaidó assumed the “Presidency interim “of the country, after ignore Maduro as president.