2024-05-12 13:57:48
Andrés Manuel López Obrador He is the President who has most violated electoral laws and the Constitution through his intervention during electoral times so far in his six-year term.
In accordance with the criteria established by the Electoral Tribunal of the Judicial Branch of the Federation (TEPJF), the President cannot be sanctioned nor does he have a hierarchical superior who orders an investigation, so, in documentary form, it will only be recorded in the sentences that transgressed the law.
The request for information, with ending 0202, indicates that between 2019 and so far in 2024, the Upper Room of the TEPJF has resolved 157 challenges that directly or indirectly involve the current national leader.
Of this figure, on 17 occasions the magistrates have determined that Lopez Obrador committed violations of electoral legislation, including the Constitution, mainly for his sayings at conferences Mornings about parties or candidates during elections, as well as issuing propaganda or making reports during a prohibited period.
In contrast, it is documented that the Superior Chamber confirmed infractions by Felipe Calderón in one case; of Enrique Pena Nieto It evaluated 12 complaints and did not declare its responsibility in any of them; In the 2006 elections he determined the illegal intervention of Vicente Fox, but at that time the PAN because other legislation is in force.
RECIDIVISM
The official figures from the Electoral Court show that López Obrador is the President with the most final sentences for violations of electoral legislation and articles 41 and 134 of the Constitution, which regulate neutrality in elections, propaganda during elections and personalized promotion of officials with public resources.
In addition to the 17 final sentences against the head of the federal Executive, the breakdown indicates that, in at least 46 other cases, the Superior Chamber, the last instance of decision in electoral matters, has confirmed precautionary measures of the Complaints Commission of the National Institute Electoral (INE), where violations of the law are preliminarily considered, but the electoral courts have not analyzed the substance of the matter.
The sentence highlights SUP-REP-250/2021, which was prepared by Judge Felipe Alfredo Fuentes Barrera, in which it was confirmed that President López Obrador violated articles 41 and 134 of the Constitution by carrying out his report First 100 Days of the Third Year of Government, which was carried out on March 30, 2021, in the context of the midterm federal elections.
The magistrates confirmed the resolution of the Specialized Chamber regarding that there was also an improper use of public resources for 185 thousand 515 pesos due to the dissemination of the event in states that were already in bells, which constituted the issuance of personalized propaganda and government prohibited for this moment.
In said appeal, the opposition parties asked the Electoral Court to promote a political trial against the national leader, which was refused because it is an administrative-electoral case, not a criminal one.
The ruling indicates that “although the appropriate thing, in terms of the provisions of article 457 of the General Electoral Law, was to give notice to the hierarchical superior of the offending subject; This was not possible because, in accordance with the provisions of articles 49 and 89 of the Constitution, the president of the United Mexican States does not have a hierarchical superior nor is there a catalog or specific sanction for the direct violation of the fundamental norm (the Constitution).”
In its article 111, the Constitution provides for sanctioning the President in office “only for accusations of treason, acts of corruption and electoral crimes, as well as for any other crime for which a citizen could be prosecuted; without requiring conduct such as the dissemination of personalized government propaganda during a prohibited period, despite constituting a transgression”.
The Superior Chamber indicated that the object of its analysis was from the administrative-electoral, not criminal, field, so “the reprehensibility of the conduct and its punishability are different issues, and it must be specified that the absence of sanction does not make it lawful or adjusted.” to Law a conduct or procedure contrary to the Constitution.”
The criterion of electoral Tribunal It is still in force and has been applied in the 17 final sentences that exist against López Obrador, among which the one of the morning conference of June 2, 2022 stands out, in which he illegally intervened in the elections of the State of Mexico and Coahuila,
Another relevant ruling is in which it was confirmed that the President violated the Constitution by holding his event for the Fifth Anniversary of his victory, last July 1 in the Zócalo, in which the improper use of resources was determined by 8.2 millions of pesos for the organization of the event.
The President violated the article 134 of the Constitution because “a series of political disqualifications were used regarding the political forces opposed to those that brought him to power, impacting the population receiving the messages from the President of the Republic, the public resources used for the organization, achievement and dissemination of the denounced event generated an impact on the principle of equity in the electoral competition of the 2023-2024 concurrent process, because the President of the Republic used his position to generate a rejection of other political parties.”
Given the accumulation of issues against the President, Judge Janine Otálora proposed that, on the eve of the start of the campaigns for the Presidency – the TEPJF resolved this case on February 28 – an auxiliary booklet would be created with a kind of list of all the final sentences against the president for intervening in the election and will be used as input to qualify the presidential election.
This proposal was not approved, and instead, the majority of magistrates opted to order the creation of a Catalog of Final Sentences that is general on the infractions committed by any political actor during the current federal elections and that have been resolved by the Upper room or the regional rooms.
With 17 final sentences for electoral violations and without any type of sanction, other than exhortations to respect the law, the national leader is heading to be the one who has violated the Constitution the most during the elections, since the majority still needs to be definitively resolved. of complaints about the current electoral process.
Sanction ruled out for the President before omissions
Although the president Andrés Manuel López Obrador He has not even sought legal tricks to reverse the orders of the Supreme Court of Justice of the Nation. (SCJN) but rather it has been an attitude of being clearly ignorant, it is unlikely that he will be sanctioned, despite the existence of the mechanisms to do so, considered Juvenal Lobato, professor of Law at UNAM.
The also member of the Illustrious and National Bar Association of Mexico (INCAM) commented in an interview that the clearest example of actions by the federal Executive has occurred with the action of unconstitutionality regarding the transfer of the National Guard to the Armed Forces.
“He did not even look for a legal trick or some strategy to stop complying (…) it is not only the fact that he is not complying with the mandate, he even goes much further and presents a reform against what the Court itself already determined ; It seems to me that it is another situation of political tantrum of not going to do what you tell me,” said the lawyer.
He commented that he does not remember a President with such an arbitrary, frontal and direct way of confronting the SCJN, “There is no precedent, there was the possibility of wanting to turn it around, of issuing a decree, of trying to comply, but as such there has been no direct and frontal”
He explained that in the case of the unconstitutionality action regarding the National Guardthe mechanisms that regulate sanctions do not have as many “teeth” because it had always been thought from a political point of view that Powers of the Union submitted to the Court’s resolutions, they were going to comply with them.
“Unfortunately we had not encountered a President who, with his hand on his waist, does not comply with the sentences, the route, yes of course (…) could eventually be the subject of a political trial to promote the violation of immunity and be sanctioned, but it will hardly happen in the context we have, if the Court did it it would justify everything in the way it has been expressed about it in recent times,” he commented.
However, Lobato pointed out, the Court should issue notifications to the President to urge him to comply. /Jorge X. López
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2024-05-12 13:57:48