After the serious incidents recorded in Jujuy last week as a result of clashes between social organizations and police officers in the framework of the approval of the partial reform of the provincial Constitution, the national government will fully intercede and ask the Supreme Court of Justice to declare the new document unconstitutional.
The Minister of Justice of the Nation, Martín Soria, will present this Friday an action declaring the unconstitutionality of the Constitution of Jujuy, according to Infobae. In this way, he will comply with a specific request from President Alberto Fernández, who had indicated intervention in the conflict.
Through a press conference held days ago, Fernández had expressed: “I have instructed the Ministry of Justice of the Nation to analyze and eventually promote the actions of unconstitutionality of the articles of the reform voted in Jujuy, which violate the National Constitution and international treaties.
One of the articles that generated the most resistance was number 67, in which roadblocks are prevented. “The prohibition of roadblocks is a conviction”, the governor of Jujuy, Gerardo Morales, had indicated when he presented the reform, with the article entitled “The right to social peace and peaceful democratic coexistence”, which indicates that “ the State must ensure that people exercise their rights without encroaching on the rights of others, and guarantees the free movement of people”.
In the declaration that the National Executive will present, it is indicated that “the Province of Jujuy commits abuse, when, when introducing the new wording of art. 67, violates the National Constitution and international agreements included in it, ”said Infobae.
Jujuy. Protests for the constitutional reform of that province (La Voz/Archivo).
“We can assume that the greater the impact on a given sector, the greater the volume of the protest will be and it will exceed any power of limitation. And there will be a legal tool that clearly tends to criminalize the protest”, they added.
The statement indicates that “under the terms of article 322 of the National Civil and Commercial Procedure Code, and Your Excellency’s jurisprudence, we have come to file a declaratory action against the province of Jujuy, so that Your Excellency declares the unconstitutionality and unconventionality of articles 67 inc. 4, 94 and 95 of the Constitution of the Province of Jujuy”, ratified from the Government.
Martin Soria, Minister of Justice. (Twitter)
According to the presentation that the Ministry of Justice has prepared, it is indicated that the new norm “breaks the reasonableness that should characterize all legal norms”, in addition to being a “matter of very high institutional gravity”.
For Minister Martín Soria, with the new Constitution, Jujuy “subdues various constitutionally enshrined rights.” “The provincial Constitution, in the aspects that are the object of criticism at present, seriously violate human rights enshrined in our National Constitution and international Treaties to which the Nation is a party, compromising to a great degree the international responsibility of the National State”, ratified he.
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