The spokesperson for the Presidency, Gabriella Cerruticonfirmed today this afternoon that from the National Government will take legal action against the constitutional reform in Jujuy, which has been the target of major protests in recent weeks. Specifically, he will be the Minister of Justice and Human Rights, Martin Soriawho will present a appeal to the Supreme Court.
He petition for unconstitutionality It will be presented tomorrow before the highest court of Justice in the country.
In dialogue with the accredited press at the Government House, Cerruti indicated that President Alberto Fernández “Follow the situation in Jujuy very closely” and recalled that the Secretary for Human Rights, Horacio Pietragalla, had traveled to Jujuy.
In this way, the former mayor of Roca will formally carry out the request made by the head of state himself during a statement made to the press last June 21. In that dialogue, Fernández was extremely against Governor Morales.
«I have instructed the Minister of Justice of the Nation to analyze and eventually promote the sanction of unconstitutionality of the articles of the reform voted in Jujuy that violate the National Constitution and international treaties“The president had pointed out.
The statements by the head of state had been made hours after the harsh repression that took place before the provincial legislaturewhile the modification of articles of the new Constitution of Jujuy was ratified.
On that occasion, Alberto Fernández had urged the governor of Jujuy to “comply with international standards on Human Rights«.
“The acts of state repression and violence that occurred in Jujuy are inadmissible in our democratic life. The conflict generated by the government of Jujuy has reached such a point that, for the first time in a long time, something that has happened in our country, has provoked the alert and condemnation of international organizations, defenders of human rights“, warned the President in his message.
As confirmed by the Noticias Argentinas agency, the Executive does not rule out the possibility of “intervene” the Justice Party of Jujuysince provincial space legislators voted in favor of the constitutional reform promoted by the governor of Jujuy, Gerardo Morales.
Martín Soria will ask the Supreme Court to declare the reform in Jujuy unconstitutional: what the presentation says
One of the articles that resistance caused in the province is number 67, in which roadblocks are prevented. The article, entitled “The right to social peace and peaceful democratic coexistence”, establishes that “The State must ensure that people exercise their rights without encroaching on the rights of others, and guarantees the free movement of people.”.
The statement to be presented by the National Government remarks that “the Province of Jujuy commits abuse, when when introducing the new wording of art. 67, infringes the National Constitution and international agreements included in it”.
Along the same lines, he points out: “We can assume that the greater the impact on a given sector, the greater the volume of the protest and will exceed any power of limitation. And there will be a legal tool that clearly tends to criminalize protest.”
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, in order for Your Excellency to declare the unconstitutionality and unconventionality of articles 67 inc. 4°, 94 and 95 of the Constitution of the Province of Jujuy”.
Soria points out that the new norm “violates the reasonableness that should characterize all legal norms” and what is it about “a matter of very high institutional gravity”. Furthermore, they add: “Nor should one ignore the undeniable institutional gravity that the issue entails, since the institutional order of the republic and the democratic system are at stake, as well as the values that sustain it”.
For the mayor of Roca, “the Province of Jujuy, through its renewed magna carta, violates various constitutional enshrined rights” and considered that there were “very serious repressive acts that occurred after the promulgation of the same”. In this sense, he emphasized the expressions criticism from the Inter-American Commission on Human Rights (IACHR).
“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 in which the Nation is a party, compromising to a great degree the international responsibility of the National State”, indicated the minister.
Gerardo Morales’ response to Martín Soria, after requesting that the reform in Jujuy be declared unconstitutional
Gerardo Morales came out to respond to Minister Soria and insisted that it is an attempt at “destabilization.” “The destabilization attempt in Jujuy is confirmed. The best that can happen is that the Supreme Court analyzes the level of expansion of rights enshrined in this Constitution“, the Jujuy governor pointed out on Twitter.
The destabilization attempt in Jujuy is confirmed. The best that can happen is for the Supreme Court to analyze the level of expansion of rights enshrined in this Constitution.
These types of reforms are what the country needs to leave behind the picketing industry and the… https://t.co/HTADn42r9O
— Gerardo Morales (@GerardoMorales) June 29, 2023
«These types of reforms are what the country needs to leave behind the picket industry and extortion that has been destroying us.”, he added.