REYES THEIS
EL UNIVERSAL

A ruling the Constitutional Court, Supreme Tribunal of Justice (TSJ), issued amending article 31, income tax law, ignited an enraged debate at the Venezuelan Legislature which resulted in an agreement to designate a committee that is to delve into the case, define the responsibilities and urge Venezuelans not to comply with the judicial decision.

The alleged involvement of the Constitutional Court in "encroachment" was reported by second vice-president of the National Assembly Roberto Hernández (Communist Party of Venezuela) before the plenary session on March 22th. The lawmaker claimed that the court amended article 31 -the amendment of which was not requested- when it ruled on a claim to modify other articles of the income tax law.

"The power to amend articles of the laws is conferred upon neither TSJ nor any other court, but upon the National Assembly," Hernández stressed.

As a result of the amendment, the tax base will no longer include income different from salaries. According to parliamentarian Calixto Ortega (ruling party MVR), this change means Treasury revenues are likely to drop USD 279.6 million.

Selfish ruling
Lawmaker Carlos Escarrá (ruling party MVR) branded the TSJ ruling as "a stab to the heart of the revolution." "What are the consequences of removing bonuses from the tax base? It means that tax revenues are dropping. And what do reduced revenues mean for a State, particularly a socialist State? It means repercussions for society."

"Only two months ago, justices earned USD 15,000 a month, and a number of bonuses. But now they cut their salary to USD 7,500 and they raised their bonuses. But what a coincidence that their move came along with their construction of article 31," Escarrá said ironically.

Another MVR deputy, Rafic Souki, said the TSJ justices acted moved by their personal interests when they modified the income tax law.

The National Assembly plenary session unanimously agreed to designate an ad-hoc committee to conduct an investigation into the ruling of the Constitutional Court. Further the Legislature declared the decision was null and lacked any legal force.

About mafias and tribes
Additionally, parliamentarians Iris Varela (MVR) and Escarrá reported that "mafias" are operating with the top court.

According to Escarrá, the justices that okayed the modification of the income tax law, "are the same justices that have created tribes (mafias) in the labor, crime and family courts."

"Using your position as a justice to favor particular interests is a serious thing. It is corruption. They should be in jail," Escarrá said.

"There is evidence to file a case against the seven (justices comprising the Constitutional Court). They will not stand an investigation," he added

Escarrá said mafias are plaguing other courts in TSJ. He stressed that responsibility for the alleged usurpation of powers is not only on the judge that drafted the ruling, Jesús Eduardo Cabrera Romero, but all the members of the Constitutional Court.

Varela reminded that encroachment is a crime under the law and asked the plenary session to urge the Moral Power to delve into this case. However, her proposal was not discussed.

The ad-hoc committee is to conduct a comprehensive investigation on this issue and submit a report to the plenary session.

Escarrá added that the Legislature is urging the Constitutional Court to annul the ruling, as it runs counter the rule of law. Otherwise, the National Assembly will reinsert article 31 in the income tax law, he stressed.

rtheis@eluniversal.com

Translated by Maryflor Suárez R.
msuarez@eluniversal.com