Mamani announces criminal proceedings against former MP Fernández, following judgment 0052 of the TCP

After the Plurinational Constitutional Court (TCP) issued Constitutional Judgment 0052/2021, Chamber of Deputies President Freddy Mamani said it was appropriate to initiate criminal proceedings for usurping functions against former MP Margarita Fernández, a lawsuit will be filed immediately with the Legal team carried out this instance of the state.

He said former Democratic Unity (UD) MP Margarita Fernández had “usurped functions” in 2019, the year Jeanine Áñez was constitutionally succeeded.

“Secondly, the initiation of criminal suitability proceedings that we will initiate immediately with the team that we have and with the colleagues who are also concerned about this situation at this point and who must be served justice,” said he said. .

He announced that Constitutional Decision 0052/2021 would be referred to the Legislative Assembly’s Joint Constitutional Commission for analysis of the content of the document.

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The TCP passed judgment 0052/2021 on September 29, implying that the successor to Jeanine Áñez – without mentioning it – was not constitutional, but the same court upheld the presidency of the then president in November 2019.

Mamani said the 0052 ruling made it clear that the “automatic succession” only applies to the case of the state president and not to the presidencies of MPs and senators.

He added that the House of Commons ordinance also indicates that the resignation of a MP must be dealt with in plenary and “it is only valid if presented in writing” and not through social networks, in relation to Susana Rivero’s 2019 presented his resignation via Twitter.

“In that sense, there was never a power vacuum. Comrade Susana Rivero was the first female vice-president of MPs and her resignation was not accepted until November 20 the country, “Mamani said.

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You will analyze the situation of the cup and the clash

Mamani also announced that it would analyze the situation of the former Senator and MP presidents Eva Copa and Sergio Choque, as they had implemented different regulations between 2019 and 2020.

“We will do a full evaluation based on which we will see what really happens to these other agencies that would have been nominated at the time,” he said.

However, he stated that after November 20, 2019, after the formation of the policy, all sessions held in the Legislative Assembly would be completely legal.


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