Another of the officials in expressing his disagreement with the recent measures of Parliament was the Ombudsman, Walter Gutiérrez, who sent a statement to Manuel Merino, President of Congress, expressing his concern over the constitutional reforms approved hastily last weekend.
In said communiqué, Gutiérrez urged Congress to reevaluate the constitutional modifications since it presents «insurmountable defects of formal and material unconstitutionality», which is written in the document. In this sense, I also urge Congress to discuss the issue again, since if the constitutional reform bill is approved in the second legislature, it will inexorably be declared unconstitutional with the consequent unconstitutional weakness.
In the statement presented by the Ombudsman, it is highlighted that for the development of the constitutional reform it is vital that the processes established in the Constitution and the Regulations of the Congress are complied with, so he questions why he was not first subjected to debate and procedural analysis.
‘It was essential that the proposal aimed at reforming five constitutional provisions, which compromise the functioning of the main State institutions, be submitted to a technical analysis in the parliamentary committees. The latter would have guaranteed the participation of civil society and public institutions, ´ he mentioned.
Gutiérrez insists that the project ‘has transgressed the deliberative principle’, since it is a fundamental pillar of democracy. Otherwise, it was also mentioned that ‘in accordance with this principle, for the legitimacy of a norm, it is not enough that you have enough votes to approve it, but that it is the product of exhaustive deliberations.’
The official spoke of his concern due to the «incompatibility of the norm» with the essence of the functions of the Ombudsman and other bodies. Finally, Gutiérrez ruled on the modification of the President’s immunity, since it is considered that they weaken the guarantees of stability in the political regime.