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Behind the constitutional accusation filed on September 13 by opposition parliamentarians against former Minister of Health Jaime Mañalich, This day a letter sent to the table of the Lower House by the UDI deputies María José Hoffmann and Juan Antonio Coloma, where they argue that the initiative was not entered within the legal term established by the Constitution, therefore it must be declared inadmissible.
In the text they explain that although the accusation filed against Mañalich for his management in the face of the Covid-19 pandemic was presented before the Office of Parties of the Chamber of Deputies on September 13, that is, 90 days after the minister was removed from office, heThe accusation is considered admitted only when the Chamber of Deputies is aware of it, which has not happened yet.
“The constitutional accusation must comply with formal and substantive requirements expressly indicated in our legislation”, The UDI deputies indicate, adding that “within these formal requirements, the presentation of the accusatory libel is required within the term established in the Political Constitution of the Republic in its article 52 No. 2), that is, “while the affected person is in the exercise of his position or within three months after the expiration of his position.”
They also highlight that the Organic Law of the National Congress, in its article 37 and the regulations of the Chamber, in its article 329, indicate that Constitutional accusations will be considered presented from the moment they become aware of them in the Chamber of Deputies, which must be done in the session closest to their presentation.
Thus, they highlight that “The legislator has indicated to have the constitutional accusations presented, it is not the moment in which said libel is delivered to the parties’ office, but the moment in which the Chamber of Deputies, in its closest session, gives an account of the accusation constitutional. Therefore, in the sublite case, the constitutional accusation cannot be understood as presented yet, since it has not been realized, issue that will occur in the next session, namely Tuesday, September 22.
This is why, say the UDI deputies, the Board of the Chamber “shall, in said session, declare the inadmissibility due to extemporaneity without further formality, since the three months following the expiration of the position required by the Political Constitution of the Republic will have elapsed in full “.
After knowing the letter, MP Hoffmann herself He elaborated on its content and pointed out that “we believe that in this presentation there is a lack of rigor, not only because it was presented at the last minute but because it is out of date. It is completely untimely and that is why we want to ask the Board (of the Chamber) for a pronouncement on the term of this presentation of constitutional accusation ”.
For its part, his partner from Evópoli Luciano Cruz-Coke supported the interpretation of the term, by stating that it is an error of the opposition parliamentarians who presented the initiative against Mañalich.
“Being the seventh constitutional accusation that they present and having had three months, this should not happen to them”, he claimed. “It underlines the improvisation with which they act”added.
“Judging by the provisions of the Civil Code in terms of terms and by the Constitutional Organic Law of Congress, the accusation is not presented until it becomes aware of it. Therefore, they would be out of time. Having had so much time since June 14 to present the constitutional accusation, they decide to do it at the ninth hour, at the fast time and knowing that they were over the limit “Cruz-Coke concluded.
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