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The request presented by the President Sebastián Piñera before the Constitutional Court to declare unconstitutional the reform promoted by opposition deputies to allow a second withdrawal of funds from the AFP, the President of the Senate, Adriana Muñoz, he personally undertook the task of sounding out attorneys who might represent the corporation in court.
Unlike the Chamber of Deputies, which has already opted for its representative in the TC to be the Secretary General Miguel Landeros, in the Senate they bet on an alternative name to the secretary of the corporation, Raul Guzman.
The option chosen by the table headed by Adriana Muñoz is the socialist lawyer Gabriel Osorio, who was part of the technical commission that was created after the constitutional agreement of November 15. Osorio will carry out the ad-honorem defense and is already working on the brief that he will present before Sunday before the TC.
This morning, from the Senate they assured that since yesterday the determination had already been made to search for an external constitutionalist who would allege in the TC.
The reasons are various. A close friend of the regime commission assures that the usual thing is that internal officials – such as Guzmán – are chosen when it comes to defending technical matters before the TC, but that for substantive matters such as the one being discussed now it is important to go to experts.
The senator from DC, Francisco HuenchumillaMeanwhile, he argues that the prudent thing to do was to maintain the equanimity of the first official of the corporation.
“It is preferable that it be an external lawyer, because I think it is better not to involve the secretary, who has to give guarantees to all senators. Here you have to gamble on a particular thesis in which the government and opposition senators have differences. Therefore, out of prudence, it is preferable that it is not the secretary”, Assures the parliamentarian.
Other parliamentarians – off the microphone – also point out that the judicial situation of former prosecutor Guzmán did not make it prudent to choose him as the Senate’s letter of representation before the TC.
In September, Guzmán filed a request with the TC seeking void the investigation that continues against the Public Ministry for a sanitary infraction when attending a seafood restaurant in the middle of the pandemic. The appeal was declared admissible by the court in October and points to inapplicability due to unconstitutionality, contrary to article 318 of the Penal Code.
In the Chamber, meanwhile, it was quickly cleared that Secretary General Miguel Landeros – who has been in that position for more than 25 years – will be the one to represent them before the TC.
Yesterday the regime commission addressed the issue and He ordered the secretariat to write the legal report that responds to the arguments of the request presented by the government.
A witness to that meeting comments that it was loaded with cross jokes because the table they run Diego Paulsen (RN) and Francisco Undurraga (EVópoli) will have to lead the process despite the fact that both parliamentarians are against the project of the withdrawal of 10%.
Paulsen is one of the parliamentarians who rejected both 10% withdrawal projects and today he is at a crossroads due to his institutional role. Internally, he has recognized the complexity of his situation, although he has said that in a circumstance like this, his institutional role must prevail. Failure to do so, in any case, would risk a new attempt at opposition censorship.
“As president of the Chamber, many times I have to leave my partisan role and assume an institutional role. It can be complicated but we haven’t hesitated for a second to do it, ”Paulsen told La Tercera PM.
This will be the first time that Landeros has argued before the TC. Until now, the Chamber had turned to external constitutional experts such as Francisco Zúñiga, Patricio Zapata and Carlos Carmona indistinctly (and depending on the issue), in addition to requesting legal reports from experts closer to the right such as Sebastián Soto.
