Mexico City.- Yesterday, the Minister of the Supreme Court of Justice of the Nation (SCJN), Juan Luis González Alcántara Carrancá, dismissed the constitutional controversy filed by the Congress of Tamaulipas to defend their faculty that it corresponds to them to decide whether or not to withdraw the jurisdiction to President Francisco García Cabeza de Vaca, but what does this mean?
Forbes Mexico spoke with the constitutional lawyer Francisco Burgoa, who explained that with the agreement published yesterday the Tamaulipas president continues to retain his constitutional jurisdiction, so he cannot be tried by the judicial authorities for the crimes of tax fraud, organized crime and operations with resources of illicit origin.
“The minister says that this demand for constitutional controversy is inadmissible, because the Tamaulipas Congress carried out its powers as mandated by the federal and Tamaulipas Constitution. Since the Congress of Tamaulipas did not challenge what the Chamber of Deputies did, then there is no reason for controversy, which means that the governor of Tamaulipas continues to retain his jurisdiction until his post as governor ends, which will be next year. “, He said.
When questioned about what is next, he pointed out that the Chamber of Deputies – where Morena urged the removal of constitutional jurisdiction from García Cabeza de Vaca – can no longer do anything.
In addition, he mentioned that the Attorney General’s Office (FGR) should not ask a judge in criminal matters to issue an arrest warrant to arrest the governor of Tamaulipas, since the president continues to have jurisdiction.
“It will no longer have to follow anything, because the Chamber of Deputies has already done what it had to do, which is to carry out a session where it issued the declaration of origin, which is for the purpose of communicating to the Congress of Tamaulipas, and the Congress of Tamaulipas decided to preserve (the governor) procedural immunity, ”he emphasized.
He said, “This must be the end of this matter. It does not mean that the governor has already been acquitted, the FGR will simply have to wait for the governor to conclude his post and then continue with the criminal process; (that is), request the arrest warrant, because it would no longer have jurisdiction ”.
He added that this case marks a precedent in the history of the country, because a process had never before been carried out to withdraw the jurisdiction of a governor, although there was a similar case that is that of Andrés Manuel López Obrador, when he was head of government of the then Federal District in 2004 and 2005.
“It is an unprecedented case; it is going to set a precedent in the sense of making everyone see that when it comes to prosecuting a governor for a federal crime, the Chamber of Deputies may only be issuing this declaration for the purpose of communicating it to local congresses “, he pointed.
He explained that if the San Lázaro legislature decides to withdraw the jurisdiction of another president, it will be the local congresses who will have the last word; that is, the local deputies will decide whether or not the violation proceeds.
With information from Forbes …
