October 13 was established as Bolivian Lawyer’s Day by Law No. 903 of Víctor Paz Estenssoro, on 12/12/1986. The date was chosen as a tribute to the creation of the first Law School in Bolivia today, in 1681, as part of the Universidad Mayor, Real y Pontificia de San Francisco Xavier de Chuquisaca. Years before, the Federation of Bolivian Lawyers had dedicated July 27 to the country’s lawyers, commemorating the birth of Don Pantaleón Dalence, a distinguished Bolivian lawyer.
The establishment of dates commemorating people, events and professions, as well as the construction of monuments with statues, busts and plaques, and the designation of public places with their names, basically correspond to the identification of Fernando Savater in his work “Politics for Amador ”: the fear of death and, at the same time, the desire for immortality. Therefore, these “stimulate a symbolic download that allows us to fight the undeniable threat of death,” in the words of this Spanish philosopher.
Given this background, on the surface there will be well-founded reasons to support the recognition of those creatures who are considered unusual, above others, common and normal. In this case, is it reasonable to assign lawyers? “Lawyers” are those who are “called to” defend their clients before legal courts. They came out in ancient times, becoming professionals during the Roman Republic. The 7 games of Alfonso X made them public servants with strict requirements.
Like few professionals, lawyers receive praise and thanks from some and sneers and curses from others, without half measures. They are often encouraged to “honest” their synthesis life according to Danet in 1901, under the threat of being accomplices of fraud, instigators of fraud and concealers of crime, paraphrasing González Sabathie, both nominated by the famous lawyer Manuel Ossorio.
With those “honest” lawyers who deserve to be remembered in today’s Bolivia, sunk in the rot of what remains of the so-called “multinational State” that have turned the country into a place for anyone where they only live; with those who do not need to teach law or remember Couture and its commandments, among young people with good intentions, struggling in nothingness over the discussion of the universities, shaking the corners of the catastrophe of the “process of change” ” where the unbelief and the crime; With all of them, we must remember their anniversary:
– Justice does not recognize any minister as a leader.
-Law is much more than laws, it is values and principles. His sources are not limited to jurisprudence (currently an unauthorized source), they include doctrine, customs, general principles and law.
-Legal equality is fundamental and its exceptions must always limit power.
– Natural judges and competition rules are inevitable. Examples: presidents are tried in an impeachment trial for acts committed in the performance of their duties, criminal cases are held where the crimes were committed or where the defendants live, no there at the seat of government, and the action for freedom does not concern the dismissal of prosecutors.
-The mildest criminal law is imposed above the harshest.
-The constitution and the special norm have supremacy, a favorable claim over the general one.
-Regulations in the force of the laws over time, under non-retroactivity except when it benefits the criminal accused and the employee. With exceptional ultraactive.
-The law is a system and there are no legal loopholes. Therefore, knowing how to read is not enough to become a lawyer.
– No judge should decide on matters in which he is interested. The suicide bombers did it illegally.
-Unjust laws such as 348 and related laws that destroy legal equality, presumption of innocence, right to defense and full proof of conviction.
– Prohibition should be the exception and not the rule.
-It is a crime to hold detainees incommunicado “for the purpose of raising the case. Emotional blackmail detainees prevent to make them plead guilty, too.
For those lawyers who barely survive, many excluded from the possibility of professional development, a source of income for a decent living because they do not sell or rent themselves, we must urge them keep in mind the words of Rafael Bielsa: “the role of protection adds to the position and qualities of the lawyer, a quality that defines the meaning of his role as a defender of freedom and law, even at the cost of his own silence, because it makes him fight, not only against the enemy. but also against arbitrariness and disrespect for authority when it is reinforced by these means.”
If they act accordingly, they will receive an imperishable memory, which is equivalent to immortality. For the others, there may not be peace in their graves, Change Process Men (HDP).
The author is a lawyer
2024-10-20 10:44:00
#Bolivian #lawyers
