Democracy, in addition to being a system of government based on freedom, justice and fairness, is also "a form of culture", understood as "a system of beliefs, values, attitudes, practices and habits of coexistence through which manifests itself A society. "


By Luis Beltran Guerra G.

Marisol García, as shown in a seminar in the law Firm “Badell & Grau”, regarding the constitutionality and effectiveness of the regime of government in today’s Venezuela, coordinated by the author of the article, for having been a professor of the Organizers. That was the slogan of Antonio Ledezma, when, jointly, with María Corina Machado and Leopoldo López, they propitiated the popular rebellion of February/March of 2014. It is added by Gustavo Velásquez, whose unfortunate disaffection for AD led him to Popular will, the party of Lopez. All three have been severely punished, with imprisonment, parliamentary disqualification and exile, sanctions imposed on the basis of normative precepts interpreted by judges of terror, at the mercy of a government determined not to be disposed of the exercise of power . One of the most intolerable deviations, a consequence, in the background, of the claim to politics, politicians and democracy itself, a phenomenon with nuances of being universal. With these words, María Amparo Grau refers to such an important subject.

Diana Trías, Bella as always, but distraught at not being able to smoke, leaves the audience stunned, stating that the weighted supra constitutionality, which postulates the superiority of the law of laws, not only with respect to the normative precepts emanated from the Legislative power, but also to those of the Government and the judiciary itself, continues to be hailed by the constitutionalists, among them, the Argentine Professor Guillermo Lousteu, citing the important case Marbury vs. Madison, decided by the Supreme Court of Justice, assuming this last one the power to control the subjection to the Magna Carta of the acts of the public authorities, without exclusion.

It is the so-called “checks and Balances” system, a determining methodology present in Philadelphia’s constituents, warned, as Lousteau says, that “history reveals the questioning of the rule of the majority”, reason for the latter, in As regards its possible deviations, it is subject to the Comptroller function of the judges. Francisco Utrera says that the control of constitutionality, for Ronald Dworkin, as the academician of Argentina also points out, is nothing more than a moral reading of the Constitution. So it is of the essence of the interpretation of the judges, to find the best reading and the most sincere conception of the constitutional moral principles. It is, therefore, comprehensible, adds Utrera, that Don Guillermo title his book “Democracy and control of constitutionality, the philosophical foundations of the Judicial review” (Interamerican Institute for Democracy, Fondo Editorial, Miami, 2009).

The assertion that there is no real democracy, in those countries where the control of constitutionality is put aside, leads to Venezuela in the last decades. It is a dimension of Román José Duque, seated in the adjoining chair of Franklin Hoet, special guests, representing the constitutional block, by Badell & Grau. But in addition, which is also serious, the circumstance that governments come to the precepts of the basic text to support providences, when more than allowed, the constituent forbid them, says Salvador Yannuzzi, dean of the UCAB. But even further, because the TSJ, which according to the Magna Carta pompous of the evil so-called Bolivarian Revolution, endorses these decisions, being in some cases author of them, generating a façade of democratic constitutionality, a situation that justifies the Rebellion of Machado, López and Ledezma to which Velasquez and Garcia have made mention. That is my consideration on the subject, you listen to the Today Skinny Elias Antoni, who warns to be closer to the banking than the law.

It must be borne in mind, says Raúl Arrieta, who attends for his wife Cecilia Sosa, who has written quite a bit regarding the apparent lack of vocation of Latin American countries for the observance of the law and democratic regimes. Demarcates María Amparo Grau We are compelled to agree that “democracy, in addition to being a system of government based on freedom, justice and fairness, is also” a form of culture “, understood as” a system of beliefs, values, Attitudes, practices and habits of coexistence through which a society is manifested. ” It is decisive, therefore, the vocation to the democratic culture, not only to institute the political system, but, much more, to support it (Sosnowski/Patino, a culture for the democracy in Latin America, FCE, 1999).

Decades of suffering, if we take into account the massive popular rejection that yesterday called Machado, Lopez and Ledezma, and today Juan Guaido, are still good indexes, at least, to make no mistake again. It is the answer of Manuel Polanco, warning, however, that despite having been a good student of public law, has a lot of time dedicated to the issue of trademarks and patents.

For Marisol García It does not stop influencing the dissociation with respect to the democracy as constant (structural approach) and the confidence in that one in relation to the materialization of the ideals that postulates (procedural approach). It is a fallacy to say that the division has been surpassed by the Latin American countries. There are, therefore, differences with the rest of the world, namely, with nations that have made liberal democratic flags a reality. They have not solved all their problems, but if many, adds Utrera, who as an exercise lawyer asks for excuses to retire stating that “must go to court.” Tulio Alvarez, wielding to be director of the Chair of Constitutional Law of the UCV, reads that the operation of democracy is judged in our countries, including Venezuela, according to the results.

To the extreme, says Hoet, who often invokes hard hand and authoritarian providences, replacing the Liberals, to certain political, economic or social problems. Democratic stability for Lipset (some social requirements of democracy: economic development and political legitimacy/Deseymour Martin Lipset), whom I read assiduously, is contingent upon the will of human beings, political decisions and the Economic development, so we should not forget that wealth, urbanization and education are determinants. We often also get away from the lessons of God.

Of the three politicians mentioned, from first justice and from AD, to the youngest of them, Leopoldo López, has touched 1. The dungeons of Green bouquet, 2. Violation of all articles of criminal law and 3. Prisoner domiciled with electronic anklet, mechanism for the political police of the regime to control each one of its pazos. The brave, courageous and always present wrestler Maria Corina Machado, have not been able to doblegarla and Antonio Ledezma, who entered from boy with Espadrilles to AD, in the Spanish exile, after being in jail and as good Adeco fugársele the regime.

This is said courageously by Gustavo Velásquez, who minutes before concluding the seminar, stands up to show that Juan Guaido, Popular will, Maria Corina, Ledezma and Leopoldo López are the same thing. For them happens what is happening and will happen. Let us not miss, therefore, in that work, that VP, Vent Venezuela and alliance to the brave people are constituted in the decisive political force in the country. And that under rigorous guidelines of the vote select the presidential candidate, after the usurpation, as guideline the statute for the transition of the AN.

Street, Street and more street!, he shouts with more force Velásquez, holding hands with Judith Parada and Carmen Juana García, incorporated with delay to the event. The last, though hoarse, adds that Juan Guaido cries out for it.

At the exit of the conference Room of Badell & Grau, the partners and brothers Rafael and Álvaro dismiss the attendees, ‘re manifesting that at the invitation of Henrique Iribarren, Luciano Lupini and Jimmy Mathison, were planning to have lunch at the nearby restaurant Da Guido, from Av. Francisco Solano, but who have warned them to be closed for lack of electricity.

The reader will observe that war did not intervene. Yannuzzi says to the group we must have Demandárselo! Don’t worry, denotes Marisol Garcia, who did not speak, but will write it.

Garcia adds, finally, with the humour that has always typified it, that for being democratic we should listen to the government, suggesting that the next seminar is directed by Maikel Moreno, jointly with the Constitutionalist Hermann Escarrá Mawasha. These people have little left, but they will also be judged in a court such as the Nuremberg, replies Luis David Benavidez, outstanding student of laws in the UCAB, the only guest who was allowed to the author.

Laughter is collective. But also, sincere.

“Opinions published here are the absolute responsibility of its author “

Luis Beltrán Guerra is a Venezuelan lawyer, professor, politician and writer. A renowned jurist who has been elected to the state, as attorney General of the Republic and Minister of Justice of Venezuela, Dr. Luis Beltrán Guerra has been dedicated to writing as author of several essays and books.