On Friday 14, and making the evening when people were preparing for the "little break weekly" usual, the Supreme Court, by Occupation and applying a stab to Venezuelan law, repealed by one stroke and " passing by lining "the Constitution, the Decree with Force of Law on Real Estate Leasing, the first and most advanced of all the laws given birth by the scheme.
Indeed as the previous point, it should be noted that here Constitution is trampled not only the despot, but also by the national assembly and the supreme court, all lowercase, together with other former institutions.
Anyway, last Friday and so "almost semi-clandestine" occurred, which now stands "El Universal" on their website:
Caracas .- The president of the Supreme Court of Justice (TSJ) Luisa Estela Morales in a letter sent to judges on January 14 ordered the limited duration of any judicial action to impose on the property, especially family housing.
That means if there is any such ruling ordering the eviction of a family living in a rented house, the measure is suspended temporarily.
The office of the Supreme Court stated that "the temporary restriction covers all measures involving the loss of possession or ownership of the property for housing, despite the existence of final decision."
This, in the simplest language possible, means that in the judgments of eviction (indefinite contracts), which allows measurement of kidnapping, under the Code of Civil Procedure, for late payment of the fee, or trials in compliance with statutory extension (fixed-term contracts), where the law provides such a measure, you can not, for any Judge, dictate the extent of kidnapping, or for any landlord, get what the law gives, which means several things:
1 .- The Supreme Court, by a simple trade, repealing the Decree with Force of Law Real Estate Lease, in addition to the Code of Civil Procedure, where the National Constitution, Article 218 °, which clearly identifies two possible scenarios: a) The laws were repealed by other laws, which refers, as in If intended by the Supreme Court, that loose rules, without implying, necessarily, all the rules, b) and (laws) are abrogated by referendum, except as outlined in the Constitution, which is refers to the possibility of eliminating all an act, from beginning to end, unless excepted cases, ie, the Budget, Public Credit, Human Rights, etc., you can not destroy, much less repeal.
If that is extremely clear, how is it then that in an impetus to clean the tail with the Constitution, in order to please the despot, the Supreme Court intended, by simply rescind Office, laws, removing the competition and allowing new members, virtually defenseless to landlords and lawyers without possibility of securing his services.
What is the Bar to say about it? Will the new members will remain silent, against this attempt by the Supreme Court, to legislate, by the Judges Trades? What is this pod? How far do you intend to pull the rope and that the national Arec ... was expelled, weary of so much legal uncertainty, now complemented by the most vulgar demagoguery?
2 .- If the President or despot, has at this time, an enabling law to "legislate in this matter," How is that Supreme Court seeking to usurp those functions?, Being that with a simple amendment of Decree Law leases, could make the despot, leaving aside the unconstitutionality of the "enabling."
3 .- an existing contract be invalidated in our legislation (Civil Code), the lease, protecting the failure of a party and leaving the other defenseless, making the legal acts in chaos and in a manner not authorized expropriation.
The Supreme Court, however tsj it has no authority to, by a simple trade, repeal constitutional requirements (guarantee of private property, much as it hurts) legislation (Civil Code, Civil Procedure Code and Decree Real Estate Leasing Act), nor has the power to legislate, usurping the legislature, nor to usurp the functions of the Executive, through an enabling not been given or can be given.
Who then pulled the first stone? There is a difference between the actions of Carlos Escarrá and Luisa Estela? Does the word "Tunisia", he reminded sounds hollow or something? We are facing a Game "extremely dangerous."
Twitter @ ObservadBinario
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