Skip to content
View Featured Image

How Many And Which Laws Has Juan Guaidó Violated In Venezuela?

Above Photo: Sputnik/ Leo Alvarez

More than 60 days have passed since Juan Guaidó proclaimed himself interim president of Venezuela in a public square in the city of Caracas.

In the stretch that separates us from that moment until today, the South American country has gone through attempts to invade its border, the theft of more than 35,000 million dollars of its assets and assets abroad, electrical sabotages, plots for initiate terrorist actions in the country, just to cite some examples of what the Maduro government has called a “multidimensional war” against the Bolivarian nation.

© AP PHOTO / LUCIO TAVORA
“To this day, Guaidó is losing the war against Maduro”

In the complex plot that is woven to overcome the resistances of the Government and the Venezuelan people, two facts draw attention. First, a strange movement by some international media such as CNN, New York Times, AFP and Reuters, who in addition to dismantling media matrices against the Government of Nicolás Maduro -such as, for example, the burning of the alleged humanitarian aid in the Colombian-Venezuelan border-, the media profile of Guaidó has significantly decreased. From ‘interim president’, they went on to call him ‘president in charge’, then ‘leader of the opposition’ and even today, they have even identified him simply as ‘Venezuelan engineer’

The second aspect has to do with the difficulty that exists to shed true light on the violation of the laws in which Juan Guaidó has incurred.

The constitutionalist lawyer María Alejandra Díaz, president of the commission of human rights and constitutional guarantees of the National Constituent Assembly, gives an interview to Sputnik in order to make a legal and political assessment in this regard.

© SPUTNIK / JOSÉ NEGRÓN VALERA
María Alejandra Díaz, president of the commission of human rights and constitutional guarantees of the National Constituent Assembly

  When Juan Guaidó began to violate the Constitution?

© REUTERS / ANDRES STAPFF
Uruguayan Foreign Minister: proclamation of Guaidó is more illegitimate than the Government of Maduro

– Since 2015, that the National Assembly legitimately wins elections and that the opposition is the majority of that legislative body, a kind of distancing from the Venezuelan constitutional order began when laws were started that contravene the Constitution. That was a first conflict between the Constitutional Chamber of the Supreme Court of Justice, which in the Venezuelan Constitution has the power to protect it, but it is also the last constitutional interpreter. Faced with that conflict, the courtroom mediated and annulled around 13 laws. Then in the National Assembly, they incorporated three deputies whose proclamation acts were annulled and therefore could not be incorporated into the plenary.– The indigenous deputies …

– That they were elected with substantive vices. Faced with this, they were placed outside the constitutional order, despite the fact that they legitimately arrived, within the framework of the CNE, of the constituted powers and of the Venezuelan electoral and democratic system itself. Now, in the case of this Mr. Guaidó, from the moment they choose that directive [January 5, 2019], they are disregarding a decision of the Judicial Power, in this case, of the Constitutional Chamber of the Supreme Court of Justice.

They are inadequately constituted and from that moment they are outside the Constitution, that is, self-proclamation only deepens the attack they are developing on the constitutional order.

© REUTERS / MANAURE QUINTERO
What does Guaidó lack to achieve real power in Venezuela?

Because the attack is not against the Government, it is against the constitutional order: when you abrogate yourself or you unduly appropriate attributions or exercise attributions that do not correspond to you. The principle of separation of powers is clear in the Constitution and each branch of public power has a function to fulfill. You assume de facto leaving aside the right and the principle of the separation of powers because you assume the Legislative, the Executive and also assume the interpretation of the Constitution. In fact, that man [Juan Guaidó] has become a tyrant by virtue of which, through the facts, he has kicked the right, he has destroyed the right, he has attacked the constitutional order and from there he not only proclaimed himself, but also He declared himself last interpreter of the Constitution.

– Do you keep a record of how many laws Juan Guaidó has violated?

© REUTERS / CARLOS GARCIA RAWLINS
US prepares plots after the failure of the ‘color revolution’ in Venezuela

– From the moment you are calling for an intervention, you are violating what is called ‘the heart of the Constitution’, which are the stony clauses that are between articles 1 and 7. Say you violated one or two articles, it is a truth of Perogrullo, but from article 233, 336, from 1 to 7, that is, what are the aims of the Constitution, the aims of the State, the State model, the basic principles of the Constitution, all have been violated by the behavior of this man and the acolytes that accompany him.But it has also violated other types of laws of another rank, such as the Criminal Code. There we have the issue of treason, of usurping the president’s functions by appointing alleged ambassadors. But in addition, those ambassadors are now the only ones acting in international courts on behalf of the republic.

When they published the statute for the transition, they absolutely violated the entire Constitution because that statute repeals it. Look how serious I am telling you. When I talk about him as the supposed president of the National Assembly, I’m talking about the collegiate body.

– Are the laws violated by Guaidó or by the National Assembly as a whole?

© REUTERS / MANAURE QUINTERO
The government in the shadow and strategic paralysis: hypothesis of conflict for Venezuela

– I do not want to personalize the attack only in Mr. Guaidó because the collegiate body called the National Assembly is the one that has incurred a coup against the Constitution, publishing that transitional statute. A regime that does not exist in our Constitution. Violating the interpretation and the proper scope of the normative body established in the Constitution, ignoring the scope of established rulings, which are jurisprudential criteria within the Venezuelan constitutional order and which are a source of law. I could be here all afternoon enumerating the violations, but what I tell you is that the behavior has been systematic in the violation not only of the code, but of the entire constitutional order. – Juan Guaidó has exercised actions in order to freeze the country’s assets and block the nation’s accounts. In legal terms, what is your opinion of this?

CC BY 2.0 / JUSTIN VIDAMO / THE BURNING OF THE SKY
High Russian office: US wants Venezuela’s oil to lead the market

– Juan Guaidó is nothing more than the puppet of a greater plan to acquire the riches of Venezuela. When you analyze the map of economic possibilities, especially the world’s natural resources, you realize that in 20 years the two countries that will have oil resources for 100 years are Iran and Venezuela. The United States in eight years will have no oil, not even shale. Colombia next year will be in serious trouble. Because they have gasified the country, but they do not have oil with which to supply it.When you realize in that world board of the paper of Venezuela, you realize who is behind the play: the tanks and the cannons of the United States. For that reason, Mr. Juan Guaidó assumes that position of handsome neighborhood and cares a whiff blow the constitutional order. And they assume that those cannons are going to win and that they are going to be like the administrators of the ashes of the Bolivarian model. That is the calculation they are making.

If that is understood, you understand that we are fighting against the system of world domination. The Venezuelan conflict comes out of a political conflict between internal antagonistic forces. It is a conflict of a global and geopolitical nature. Now, what does this mean, what can Venezuela do? Take bold measures through unprecedented partnerships to strategically deter this power.

– What kind of alliances?

– For example, payment gateway with Iran, with Russia, with China. Create an intrabank system that allows us to overcome the financial system of world domination that exists. Venezuela has enormous strength, in a measure that is transcendental for the world geopolitical order, which is the monetization of reserves. Venezuela is the owner, because that is what the Constitution says and that is the origin of the conflict, of the largest reserves of oil, gold, gas, diamonds and thorium worldwide.

© REUTERS / MIRAFLORES PALACE
Venezuela in the geopolitical game of the USA, Russia and China

If you monetize, you convert those resources into real assets, you can put them in the torrent and you can go out in front of that financial system that is gas, which is nothing, because it is based on the dollar which is an illegal and illegitimate currency. That nothing supports it. We do have support. When I talk to you about unprecedented alliances, I’m talking about countries that have resources, that agree and tell the world “we go with the real”, in front of the Federal Reserve. But what does that mean? That you are going to unleash the fury of the great powers of the global corporatocracy. Venezuela is at this moment in that world conflict, it is the center of the world conflict, but there are bold measures that can be taken in the framework of this hybrid war.

They are ending and chaotizing international law so that what exists is the law of the strongest. Against what can you oppose? The real thing, the military, economic, energy force of an alternative power pole, call it BRICS , with them, Venezuela and those unprecedented alliances are going to mean a counterweight, not to finish the United States, but to contain it and to be a responsible power. 

– How would you explain to the world the fact that a person who has violated all these articles and laws of the Constitution, such as Guaidó, remains free? 

– Juan Guaidó does not play alone, behind him is the most genocidal power of all time in humanity. And you are playing a world board and you are not playing alone. Venezuela is at the center of the geopolitical discussion of the world. An error that we can make, can give free rein to the possibility that that power act with a futile excuse.

© REUTERS / CARLOS GARCIA RAWLINS
“Venezuela es parte de un conflicto geopolítico de escala mundial”

Really Juan Guaidó is not the important one, but the actions that that power is taking when it does not recognize you, it takes you out of the embassies and tries to take Venezuelan territory abroad by force. That’s an invasion, that’s ‘casus belli’, where I go. This is a conflict rather than a legal one, of a political nature. That is the explanation why probably the president, who has more information than us, will not have made the decision to catch him.

It has been closing doors because, in addition, he [Juan Guaidó] has been dissolving. He says he is president, but he can not execute a single action as president. Now, where has strength, in the financial system that is your true ally. Through sanctions and improper appropriation of assets of the republic. 

– The journalist Dan Cohen equated the figure of Guaidó with that of the bait that is placed on the fishing pole. He said that the United States uses it as bait to promote a ‘casus belli’. How should this issue of violation of the laws and the Venezuelan Constitution be dealt with so as not to fall into the trap of Washington, but at the same time not erode the rule of law?

© AFP 2019 / RONALDO SCHEMIDT
“Washington nunca ha perdonado a Chávez”

 

– There we are in the frame of a conflict as we say the Venezuelans, on the edge. Because in the face of the massive violation of the Constitution, this gentleman is [Juan Guaidó], but here there is a greater good that must be preserved that is peace. In the midst of this conflict of low intensity, of medium and care but of long duration, which reminds me a lot of the Plaza Altamira, where generals rebelled against Chávez, the OAS being here.Nobody understood what was happening, only Chávez understood it and finally, when the conditions were right, he acted. And we won and that’s why we are here. It may be that this is the assessment that is being made by the decision makers of the Executive. The danger of Guaidó is not Guaidó, but those who support it are the cannons and bombs of the United States of America, let’s not forget that.

 

Urgent End Of Year Fundraising Campaign

Online donations are back! Keep independent media alive. 

Due to the attacks on our fiscal sponsor, we were unable to raise funds online for nearly two years.  As the bills pile up, your help is needed now to cover the monthly costs of operating Popular Resistance.

Urgent End Of Year Fundraising Campaign

Online donations are back! 

Keep independent media alive. 

Due to the attacks on our fiscal sponsor, we were unable to raise funds online for nearly two years.  As the bills pile up, your help is needed now to cover the monthly costs of operating Popular Resistance.

Sign Up To Our Daily Digest

Independent media outlets are being suppressed and dropped by corporations like Google, Facebook and Twitter. Sign up for our daily email digest before it’s too late so you don’t miss the latest movement news.