The constitutional sentence 052/2021 of the Plurinational Constitutional Court (TCP) does not recognize the resignation of the former President of the Chamber of Deputies Susana Rivero on Twitter, but the resignation officially presented on November 14, 2019.
The Constitutional Court published a ruling this Friday confirming that the successor to the president will ipso facto only take place in the case of the presidency of the state presiding over the Chamber of Deputies.
“For the same reason, the support for the annulment action brought by Margarita del Carmen Fernández Claure lacks a factual or legal basis, since in the event of a public ratification of the resignation of Susana Rivero Guzmán it has no legal effect on which has not been brought before the plenary session of the Chamber of Deputies, in order to examine this and to make the loss of mandate effective through a chamber decision, as required in Article 28 of the General Rules of Procedure, “the document says.
“Therefore, the complaint of the alleged nullity of actions due to the defendant’s lack of jurisdiction as a result of a letter of resignation 22 published on social networks is not apparent; since it is not a formal or legal act, also that it is not presented or dealt with in accordance with the rules of the Chamber of Deputies “, adds sentence 0025/2021.
Both Borda and Rivero’s resignations were announced on the 13th. According to evidence that former Deputy Susana Rivero Guzmán was First Vice-President of the Chamber of Deputies for the 2019-2020 legislature, then Deputy Víctor Ezequiel Borda Belzu was President of that legislative body.
And they were ratified in the 206th plenary session on November 20, 2019, “so that by then the current defendant (Susana Rivero) was validly chairing the Chamber of Deputies and replacing the former president (Evo Morales),” added the error.
In the interpretation of Justice Minister Iván Lima, this means that the Añez government was not constitutional and that many of the decisions taken should be annulled.
According to evidence that former Deputy Susana Rivero Guzmán served as First Vice-President of the Chamber of Deputies for the 2019-2020 legislature, then-Deputy Víctor Ezequiel Borda Belzu was President of that legislative body.