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Deputy Melvin Núñez Piña, from the National Restoration Party (PRN), cannot lose his credential as a legislator for not applying the vaccine against covid-19, even though the Legislative Assembly establishes that receiving the inoculation is mandatory for all its officials and advisers of confidence.
In response to a query from the Board of Congress, the Supreme Electoral Tribunal (TSE) reminded the legislative leadership that congressmen can only lose their parliamentary credentials for the reasons established in the Political Constitution.
That implies that, if the Magna Carta does not say that a legislator can lose his status by refusing to receive a vaccine, then a process cannot be established to sanction him and leave him without the seat.
This was explained by the TSE lawyer, Andrei Cambronero this Friday night, after the electoral body notified the resolution, in the afternoon.
The court official explained that the electoral magistrates declared the consultation made by Congress inadmissible, since it is public and notorious that the only congressman who has not received the vaccine is the restorationist Melvin Núñez Piña.
In that case, the TSE considered that if they answered the specific question, they would be advancing criteria, because in the future they could have to resolve some electoral protection of a deputy against the administrative directives of the Congress that forced him to be vaccinated.
The Court’s response is contained in resolution 5202-E8-2021, taken this Thursday, October 7, at 12:30 pm
When consulted in this regard, the president of Congress, Silvia Hernández, indicated: “The consultation was formulated in the abstract and, given this response, the truth is that the TSE reiterates that there is no possibility of sanction when it refers to deputies of the Republic. I am going to forward this document, as it corresponds to me, to the Board of Directors and the Department of Legal Advice so that it can be analyzed within the legal resolution that is being carried out to implement the mandatory nature of the vaccine and check if something has to be rethought ”.
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