Elections 2023: Formosa filed an appeal with the Court to guarantee the elections

Following the request of Together for Change (JxC) to suspend the elections in Formosa, the provincial government filed an appeal with the Supreme Court of Justice of the Nation “in defense of autonomy and democracy.” The presentation before the Court promoted by the State Prosecutor’s Office of the Province was formalized by the jurist, constitutionalist and former minister of the Court Rodolfo Carlos Barra in response to the “rigged interpretations” made by the opposition with the intention of “preventing the free vote of citizens” in the elections scheduled for June 25. In this way, the local government tries to prevent the highest court from issuing a precautionary measure that prevents the holding of gubernatorial elections, as happened in the provinces of San Juan and Tucumán when they requested reports on the candidacies of Sergio Uñac as governor and Juan Manzur as vice, respectively, because they could contradict the Constitution of each of those jurisdictions. The deputy of JxC and main reference of the Formoseña opposition, Fernando Carbajal, presented on Monday before the Court an amparo to declare unconstitutional the candidacy for the re-election of Governor Gildo Insfrán. The legislator asked the highest court to rule on the validity of Article 132 of the Constitution of Formosa, whose “ambiguity” allows the indefinite re-election of the position of governor. That article allows consecutive re-election without time limit, and from the opposition of JxC it is argued that the Court “has original jurisdiction” to decide on the issue to understand that the possibility of “an indefinite re-election violates the republican principle” on the alternation of government. ” This has nothing to do with the republican principle. The national Constitution says that the form of government is representative, republican and federal. That is a whole, therefore, what predominates here is the representative principle that ensures the broadest freedom for the voter, “said Barra in a statement released by the Undersecretariat of Communication of Formosa. In that sense, the jurist added that the local Constitution “says this since 2003, that is, 20 years ago; There were several gubernatorial elections in between, and nobody said anything, and now at the last minute they agreed.” Within the letter, the administration of Formosa maintains the defense of provincial autonomy and that therefore the rules that were dictated by the democratic mechanisms established in its own Constitution must be respected. It also requests that the democratic representativeness of the provincial Constituent Assembly that modified the Supreme Law in 2003 be respected.In turn, the text formulates a criticism “of the political opportunism of the complainants, who intend to challenge the candidacy of the governor of Formosa and that the provincial elections be suspended” and requests “to safeguard the rights of political parties, that is, to protect the ability of parties to field candidates and participate in elections without undue restrictions.” Insfrán has held the position of governor, without interruption, since December 10, 1995, when he won with more than 77 percent of the vote and was re-elected in 1999 with 76 percent of the vote. That year Insfrán promoted the constitutional reform that allowed him indefinite re-election in the position of governor, and that also allows it in the vice office.

Original source in Spanish