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The decision of the TC to approve the request of President Sebastián Piñera against the project for the second withdrawal of funds, presented by opposition deputies, once again ignited the debate on the powers of this “third chamber” -as it has been called- and also fueled the discussion about its president, lawyer María Luisa Brahm, a historical advisor to Sebastián Piñera who tipped the balance in favor of La Moneda.
While in the Palace they celebrated the resolution reached with the casting vote of the former chief of the Second Floor in Piñera 1, noting that “it sets an important precedent and means a solid safeguard of the validity of our institutionality and the rule of law”, in opposition the reaction it was diametrically opposite.
This is how the Senator RD Juan Ignacio Latorre: “The” third camera “again does its thing. The TC decides with a vote of its pdta, former adviser to Piñera 1, a constitutional reform promulgated by the same government, now it is unconstitutional. The new Constitution will have to change this delegitimized institution ”, said the parliamentarian on Twitter.
For the deputy head of the PPD bench and co-author of the second retirement project, Loreto Carvajal, the resolution of the TC is the “graphic image of what we understand by a politicized court.”
Pointing to the figure of María Luisa Brahm, Carvajal maintained that “when it comes to a dissenting vote emanating from a former adviser to the President of the Republic, the truth is that what is proven is that this court cannot continue to function in this way”.
Meanwhile, the PPD bench chief, Raúl Soto, he remarked that “what was at stake was not the content of the project, here what was at stake were the powers and powers of Parliament (…) What the Constitutional Court has done today seems to me a legal aberration”.
“Obviously, the precedent that is set from the legal point of view is worrying, and evidently what this ruling does in fact is to put a true retaining wall on the legitimate powers of parliamentarians to promote other types of initiatives, such as the imposed on the super rich, and that we are going to continue to push strongly, “he added.
In his opinion, “here political interests and criteria have prevailed. This is one more convincing proof that the Constitutional Court is a purely political court, which is politically curtailed “, adding that its president, María Luisa Brahm” should have been disqualified at least in this decision. “
In DC, the deputy Gabriel Silber announced a project to eliminate the preventive control of the TC. In the opinion of the parliamentarian, the court’s decision closes all legislative initiative even when there are “super quorums” by Congress, as happened with the second withdrawal, which obtained 130 out of 155 votes in the Chamber of Deputies.
“This clearly limits the powers of Congress. The doors are closing, because here the TC dynamited the legal viability of carrying out another type of withdrawal, unless we eliminate this debatable sui generis power of the Court, “said the parliamentarian.
Reform of the TC
For him president of the DC, Fuad Chahin, “The TC exceeds its powers and does itself a disservice with this ruling.” In his opinion, the revision of his powers will be a task of the Constitutional Convention.
“Congress is absolutely empowered to modify the Constitution, it cannot declare a reform to the Constitution unconstitutional (…) again the casting vote to achieve this ruling is that of the former adviser to President Piñera. This shows that in the new Constitution, preventive control must be eliminated and the appointment of the TC ministers completely modified, ”he stressed.
Meanwhile, parliamentarians like the Senator DC Ximena Rincón They pointed to the need to reform the TC. “The ruling of the TC shows how politicized it is. Piñera’s advisor gives the victory against an autonomous decision of Congress that wanted to give urgent solutions to the people. It must be reformed,” said the head of the DC Senate.
“Tax on the Super Rich”
Focusing on other projects that could be affected by this decision of the TC, from the Communist Party bench They remarked that “from now on we have announced that as deputies we will not be intimidated and we will continue to move forward until the Tax on the Super Rich is a law, no matter that this bothers the elite and a small group of billionaires who are this crisis has not touched.
In the opinion of this parliamentary group, the ruling of the Court “calls into question the legislating power of Parliament, leaving the Chamber and the Senate at the mercy of a whimsical decision by the Executive to put a stop to initiatives that directly help Chileans and Chilean ”.
Meanwhile, the President of the PH, Catalina Valenzuela, described as inadmissible the decision of the TC against the project promoted by the deputy of that party Pamela Jiles.
The leader regretted that this “Government is constantly making an effort, putting its resources and its capacity, in preventing the concrete advance of responses to the needs of the people.”
“We have just witnessed how the possibility of people being able to resort to their own resources is blocked in a structural, formal way, since this government is not able to solve it. We are also witnessing how they try to save by all means the money that comes from the AFPs to the companies linked to them, including that of the son of the President of the Republic himself ”, said Valenzuela.
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