What are the reasons why, less than fifteen days from the provincial electionsTucumans do not know if the elections will be held or if the governor of TucumanCould or could not be a candidate, violating the Constitution at will?
The response to this electoral course is summed up by a maxim belonging to Francisco Carrara: “When politics crosses the door of the courts, justice fearfully flees out the window to return to heaven.
This phrase seems to have been inspired by the institutional crisis to which the Province has been led by more than 35 years of Justicialista governments.
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Said institutional crisis also dragged the Judiciary to the point that, Juan Manzur’s candidacy was endorsed by the Provincial Supreme Court (composed of former provincial state prosecutors), at the request of a shameful argumentative and interpretive effort that gave birth, from an express constitutional prohibition, to a complacent electoral authorization.
For it the writ of amparo was obtained above the declarative action of certainty and without even a declaration of unconstitutionality. That is, regardless of the form or the appropriate procedural channels, the Provincial Constitution -interpreted by the Court of Tucumán- says and authorizes what the text does not say or contemplate.
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In the same way, it has been postulated -through amparo-, the declaration of unconstitutionality of the article that orders to carry out the provincial elections two months before the end of the mandatesand likewise, an open and unlimited authorization has been provided, to bring forward the provincial elections, moving them away from the national elections for which results are suspected to be detrimental to the ruling party.
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In short, Tucuman politics at the request of the official electoral needsit has been worn and loaded with the judicial organization of the province and the Constitution itself.
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Thus, it has obtained legitimations and authorizations of factual assumptions not provided for by the Constitution and procedural laws, to obtain electoral advantages not provided for by law.
According to Carrara, in Tucumán politics has been introduced in the courtsand the fearful Justice has abandoned the courts, today usurped by dependence and absolute subordination to political power.
Such political-institutional excesses that bastardize the provincial Constitution are currently found in knowledge and resolution of the Supreme Court of the Nationlast bastion to which the republican institutionality of the province of Tucumán has been entrusted and which, ultimately, should put white on black and order the electoral process of a province that is armed and disarmed, in response to the needs of the provincial ruling party.
* Former provincial legislator of Tucumán (Radical Civic Union)
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