Much emphasis is wrong and that one reason for the local or international economic investment is the “legal certainty” when in truth we should speak with propriety of what the country really needs is a “legal predictability. That is, always know how the judicial system will behave before the claims of those who feel violated in their rights and obligations. When in 2003, Nicanor Duarte Frutos launched the war cry of “let’s spray Justice,” all politicians of different persuasions accompanied him, despite the risks involved an allegation of this kind.
Each sector contributed names to replace those unwilling for reasons of substance or form. No matter what the reasons or arguments. The question was to load a Justice which rightly or wrongly it was responsible for managing the country’s democratic reprehensible. Some members of the Court, scared of a trial without foundation, decided to resign, others faced the consequences of it to the clear knowledge that their arguments would not be worth and that everything was resolved. The end is known. They went three force and three from fright. The six were replaced by a half dozen same or worse politically motivated enough to load them with the fear of dependency on the whims of a political class that does not want an autonomous or independent Justice. It collides with the desire because they consider their behavior and, therefore, dangerous to the Republic.
As everything is unfairly “debatable” in Law in Paraguay, was interpreted that the Judges of the Court should compete for the second time to earn tenure, when the spirit of constitutional article was the complete opposite. That never mattered. The point was to demonstrate to the judges who ruled over them and those who were faithful while they were in their positions or seek to continue in them.
The consequences are obvious: fierce and expensive fight for board members vote for judges, political party identification of the courts, absolute submission to power groups related to politics enough to hang the sanbenito that democracy does not work because we have Justice. This is the description of how one of the branches of government that resolved later this year a constitutional interpretation, which many thought was stillborn in November 2003 when Fernandez Gadea and Avalos Rios had been brought before the Court to protest the process evicted from office. Before the Human Rights Commission of the OAS recommended that the Paraguayan government fix the suit with one of the plaintiffs pain of ending American Court with a negative result for Paraguay.
Today we have the result of an unforeseeable Justice can take a decision contrary to nature of their origin and pose a serious conflict of separation and independence of state powers. The political class is confused and rightly so. Considered insubordination to their mandates. If this case was the occasion to discuss seriously about what we want justice model or not, will have been this impasse, which will seriously jeopardize the functionality of the institutional building of this democracy built with durable material, without plan or emergency exits . We will end the short term. Meanwhile, only remains for us long for legal predictability that allows not only the financial investment, but is at once the true meaning of democracy as political system.
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