The Supreme Court of Justice denies provisional protection to Néstor Pérez and Karen Fischer, both figures in the current crisis facing the Supreme Electoral Tribunal (TSE).
This rejection represents a turning point in the debate on the integrity and current composition of the TSE.
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Néstor Pérez, who has been critical of the current situation in the TSE, argues that the court is “disintegrated.” Its main concern is that four of its magistrates, currently without immunity and on leave, constitute a “collective abandonment of office”. Pérez fears that this absence will compromise the validity of the decisions of the TSE, which now operates with only four active magistrates.
His request for protection was intended to annul future TSE resolutions and declare the positions of absent magistrates vacant, thus forcing Congress to appoint replacements.
On the other hand, Karen Fischer has raised similar concerns. Her focus is on Congress’ inaction to appoint substitute magistrates, with two positions currently vacant. Fischer also criticizes the management of the president of the TSE, whom she accuses of contributing to the “disintegration” of the court when granting licenses to certain magistrates. She seeks the revocation of these licenses and the immediate election of the missing substitute magistrates.
But what does it mean?
The Supreme Court’s refusal to grant provisional protection means that, for the moment, there will be no immediate changes in the structure or operation of the TSE. However, this does not end the ongoing legal process, and the possibility of future legal action remains open.
In a related context, Judge Mynor Franco presented another amparo, questioning the legality of the Congressional procedure that led to the withdrawal of his immunity. Franco alleges that Congress voted without adequately considering the investigative commission’s report. This case joins others presented by magistrates seeking legal protection against processes they consider unfair.
