Expert Lawyer Jorge Rivas argues against unconstitutionality action promoted by Concertación

The electoral lawyer Jorge Rivas expressed his opinion regarding the unconstitutionality action promoted from the Concertación before the decision of the Superior Court of Electoral Justice (TSJE) not to open envelope No. 4 and in this sense, the lawyer indicated that there are no conditions for the Supreme Court of Justice to grant this request.

“If I am going to have academic and legal honesty, I think that the conditions are not giventhe Court may surprise us, but I think there are no grounds for unconstitutionality”, expressed the lawyer in contact with 780 AM.

Rivas indicated that it should be made clear that in any case the scope of action of the Court is very limited, given that the only thing that will decide is whether or not the TSJE used the foundations established in the National Constitution, that is to say, what the Court decides will not appeal the resolution issued by the Electoral Justice regarding envelope No. 4.

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“This is not ‘Case closed’ where everyone does what they want, I do not know very well which article of the Constitution they invoke as violated and I don’t know how they have explained that the article is violated by not opening envelope 4. I think it is unlikely and that I was in charge of electoral control of an opposition party”, asserted the lawyer.

The electoral process is a regulated procedure, explained Rivas and He mentioned that there are no precedents for the opening of said envelope. At the same time he clarified that random opening is also not allowed 10% of the envelopes, as requested at one point.

“We could open it in the event that the correct procedural route is used, alleging the falsification of scrutiny records and a certificate of results is offered as evidence and as support for that, the opening of envelope 4 is requested, which are the support of the result certificate, but not opening randomly”, the lawyer pointed out, referring that Given this situation, it is unlikely that the Court will rule in favor of the Concertación.

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