– Allan R. Brewer Carías – 30-3-2017

La Sala Constitucional del Tribunal Supremo de Justicia, en un juicio sin proceso, usurpó todos los poderes del Estado, decretó inconstitucionalmente un Estado de Excepción y eliminó la Inmunidad Parlamentaria.

 

Con la sentencia No 155 de 27 de marzo de 2017, dictada por la Sala Constitucional, anulando el

Acuerdo de la Asamblea Nacional sobre la Reactivación del Proceso de Aplicación de la Carta Interamericana de la OEA, como mecanismo de resolución pacífica de conflictos para restituir el orden constitucional en Venezuela, que había sido dictado seis días antes, es decir, el 21 de marzo de 2017, puede decirse que en Venezuela se ha consolidado definitivamente una dictadura judicial conducida por el Tribunal Supremo de Justicia, actuando y dictando sentencias arbitrarias, es decir, literalmente, como le da la gana, sin importarle lo que pueda decir la Constitución o la ley, sin respetar las formas procesales constitucionales ni legales, y violando todos los principios más elementales del derecho y del proceso.

Allan R. Brewer-Carías

Profesor de la Universidad Central de Venezuela

_ _ _ _ _ _

Venezuela Al Dia El abogado y profesor de la Universidad Central de Venezuela, Allan Brewer-Carías, denunció la consolidación de la «dictadura judicial», al analizar la sentencia del Tribunal Supremo de Justicia dictada el pasado martes.

En el documento adjunto, Brewer-Carías analiza la sentencia No 155 de 27 de marzo de 2017, dictada por la Sala Constitucional, en la que anula el Acuerdo de la Asamblea Nacional sobre la Reactivación del Proceso de Aplicación de la Carta Interamericana de la OEA, como mecanismo de resolución pacífica de conflictos para restituir el orden constitucional en Venezuela, que había sido dictado seis días antes, es decir, el 21 de marzo de 2017, por lo que «puede decirse que en Venezuela se ha consolidado definitivamente una dictadura judicial conducida por el Tribunal Supremo de Justicia, actuando y dictando sentencias arbitrarias, es decir, literalmente, como le da la gana, sin importarle lo que pueda decir la Constitución o la ley, sin respetar las formas procesales constitucionales ni legales, y violando todos los principios más elementales del derecho y del proceso».

Agrega que, en efecto, la Sala Constitucional desarrolló un «juicio(?) de nulidad de un acto parlamentario, sin proceso alguno y, por tanto, sin contradictorio, «violando las reglas más elementales del debido proceso, dictando medidas cautelares de oficio después de que el juicio había terminado, es decir, sin que hubiera juicio porque el que realizó de anulación, que tuvo una duración de solo tres (3) días, ya había concluido con la anulación del acto impugnado».

Destaca que en dichas «medidas cautelares (?), entre otras decisiones, procedió a ordenarle, ni siquiera a permitirle aun inconstitucionalmente, sino a ordenarle al presidente de la República a comenzar a gobernar «formal (¿) y abiertamente violando la Constitución, para lo cual «decretando (?) inconstitucionalmente un Estado de Excepción, y denuncia que «le otorgó una especie de patente de corso, ignorara lo que podía quedar del ordenamiento jurídico y decidiera también como le venga en gana».

Freddy Guevara: Sentencia del TSJ marca punto de no retorno. Destaca que, «en la sentencia dictada, como se dijo, en un juicio sin proceso, la Sala Constitucional, violando el principio dispositivo que consagra la propia Ley que la rige, decidió iniciar un juicio para el «control innominado de la constitucionalidad(?) De no se sabe que actos, pero serán los que le da la gana y, de paso, eliminó la inmunidad parlamentaria de la mayoría de los diputados electos en diciembre de 2015».

Allan R. Brewer-Carías: LA CONSOLIDACIÓN DE LA DICTADURA JUDICIAL: LA SALA CONSTITUCIONAL, EN UN JUICIO SIN… en La Patilla en Scribd

Fuente: La Patilla VENEZUELA: Sentencia del TSJ es la consolidación de una «dictadura judicial»

Con Información de Venezuela Al Dia

http://entornointeligente.com/articulo/9796611/VENEZUELA-Sentencia-del-TSJ-es-la-consolidacion-de-una-

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