5
Moreover, outside the framework of the constitutional law but within the scope of
Venezuelan administrative proceedings, it is worth mentioning that administrative
courts do not only hear about statements of the government (of administrative acts,
administrative contracts) but it also hear about the omissions or deficiency (of public
utilities for instance) as well as about the control over de facto proceedings or
material or ordinary behavior of the administration itself, having constitucional
authority (Article 259 of the CBRV)3 to order the necessary measures to restore the
subjective legal situations harmed by administrative actions .
Progressively, the judicial protection the Venezuelan State was providing by means
of its judiciary, regarding these last proceedings (de facto proceedings or material or
ordinary proceedings) was formally and positively provided for in the Venezuelan
legislation inasmuch as it enshrined the possibility for administrative courts to hear
about claims against de facto proceedings attributable to organs of the National
Executive branch and other national high-ranking authorities that exercise the Public
Power (Article 5 (27), consistent with the first paragraph of the same Article, all of
them of the Organic Law of the Supreme Tribunal of Justice of Venezuela). It follows
that claims tending to control the de facto proceedings that may have conducted the
organs of the Executive and other national high-rank authorities exercising the public
power, might have been lodged and processed by means of this action stipulated in
the domestic legislation.
Moreover, by way of example, the pecuniary claims contained in the autonomous
brief of requests, pleadings and evidence of the victims (page 652, of the measures
of full reparation requested by the victims that were included in numeral 11), lodged
with this Court, should have been referred to by means of the specific action that
exists within the Venezuelan legislation, which is, that of pecuniary claims against
the Republic, with all the requirements that such action implies (Article 5, numeral
24, consistent with the first paragraph of the same Article, all of them of the Organic
Law of the Supreme Tribunal of Justice of Venezuela.)4
In view of the fact that all of the foregoing is by no means intended to be exhaustive
in relation to the possibilities existing within the Venezuelan domestic legislation, I
must point out that there are, apart from said actions, other remedies within the
Venezuelan criminal jurisdiction, which, as has been alleged by the Venezuelan
3
Article 259. The administrative and adjudicatory jurisdiction corresponds to the Supreme Court of Justice
and other courts determined by law. The administrative organs have the authority to annul the general or
individual administrative acts that are contrary to law, even because of misuse of power; condemn the
payment of sums of money and the reparation of damages originated under the responsibility of the
Administration; hear about claims in relation to public utilities and order the necessary measures to
restore the subjective legal situations impaired by the administrative actions.
4
Article 5
“ The competences of Supreme Tribunal of Justice, as the highest Tribunal of the Republic are:
…omissis...
24. To know the demands proposed against the Republic, States, Municipalities or any Autonomous
Institute, Public Entity or Company in which the Republic exerts a decisive and permanent control in terms
of direction or administration, if its value exceeds the 70,001 tax unit)
…omissis...
The Tribunal shall hear in its Plenary Division the matters referred to in this Article, numerals 1 to 2. The
Constitutional Division shall hear the matters provided for in numerals 3 to 23. The Political Administrative
Division shall hear the matters provided for in numerals 24 to 37. The Penal Cassation Division shall hear
the matters provided for in numerals 38 to 40. The Civil Cassation Division shall hear the matter provided
for in numerals 41 to 42. The Social Cassation Division shall hear the matters provided for in numerals 43
to 44. The Electoral Division shall hear the matters provided for in numerals 45 and 46. The matters
provided for in numerals 47 to 52 shall be heard by the division corresponding to the matter in question.