32.
On the other hand, the Constitution enshrined in its Article 290 of the National
System of Fiscal Oversight, which is defined as “the set of bodies, structures, resources,
and proceedings that, integrated under the supervision of the Comptroller General of the
Republic, interact in coordination to achieve unity in direction of the oversight systems
and procedures that help to achieve the general objectives of the various entities and
bodies subject to this Law, as well as the proper function of Public Administration.”29
33.
In 2001, the Organic Law of the Comptroller General of the Republic and the
National System of Fiscal Oversight (hereinafter LOCGRSNCF). This Law was adopted,
unanimously, by all the parties with representation in the General Assembly,30 and it
reformed similar laws adopted in 1975, 1984, and 1995, those of which included the
possibility of disqualification from holding public office as a consequence of administrative
responsibility.31 The LOCGRSNF of 2001 specified the government officials and persons
that would be subject to the control, vigilance, and investigation of the Comptroller,32 and
provided for the possibility of imposing sanctions for actions, events, or omissions,
generators of administrative responsibility.33 In said law, it is established that
29
Article 290 of the Constitution of the Bolivarian Republic of Venezuela, supra note 27 and Article 4 of
the Organic Law of the Comptroller General of the Republic and the National System of Fiscal Oversight,
published in the Official Gazette No. 37.347 of Monday December 17, 2001 (case file of annexes tot he
application, annex 1, folio 1419).
30
The State indicated that the law was approved unanimously by all political sectors in representation at
the National Assembly at the time: Primero Justicia; Movimiento V República –MVR-; Acción Democrática –AD-;
Proyecto Venezuela; Comité de Organización Política Electoral Independiente –COPEI-, Patria para Todos –PPT-;
Movimiento al Socialismo –MAS-; Convergencia; Un Nuevo Tiempo; Causa R; Alianza Bravo Pueblo; Consejo
Nacional Indio de Venezuela, Movimiento Independiente Ganamos Todos; Pueblos Unidos Multiétnicos de
Amazonas. Cf. Brief of final arguments of the State of April 1, 2011 (case file on the merits, tome III, folio
1396). The representatives did not contest this information provided by the State.
31
The Laws of 1975, 1984, and 1995 allowed for the disqualification of up to 3 years. In these prior laws,
the Comptroller maintained “a residual competence” to impose the disqualification when a government official
was not in public office. To the contrary, once the administrative responsibility was declared, “it was the chief of
the employee declared responsible” who would impose the disqualification. Cf. Judgment No. 1266 of the
Constitutional Chamber of the Supreme Tribunal of Justice of August 6, 2008 (case file of annexes to the
application, tome I, annex 27, folios 584 to 642) and declaration in public hearing of expert witness Jesús
Eduardo Cabrera Romero.
32
Article 9 of the LOCGRSNCF: The following are subject to the provisions of Law and to control,
supervision, and oversight of the Comptroller General of the Republic: 1. The bodies and entities of which the
Public-National Power pertains. 2. The bodies and entities of which the State-Public Power is exercised. 3. The
bodies and entities to which the Public Power in the Metropolitan District is exercised. 4. The bodies and entities
to which the exercise of Municipal-Public Power and the local entities in the Organic Law of the Municipal Regime
is exercised. 5. The bodies and entities to which the Public Power of Federal Territories and Federal
Dependencies is exercised. 6. The autonomous national, state, district, and municipal institutes are exercised.
7. The Central Bank of Venezuela. 8. The public universities. 9. The other national, state, district, and municipal
persons of Public Law. 10. The societies of any nature of which the persons referred to in the previous numerals
participate in its social capital, as well as those that constitute that participation. 11. The foundations and civil
associations and other institutions created through the use of public funds, or that are directed by persons
referred to in the previous numerals or in which the persons designate their authority, or when the budget
contributions effectuated in the use of the budget by one or more of the persons referred to in the numerals
consisting of fifty percent (50%) or more of the budget. 12. The natural or juridical persons that are
contributors or responsible, pursuant to that enshrined in the Tributary Organic Code, or that in any way
contract, negotiate, or hold operations with the bodies or entities mentioned in the prior numerals or that
receive support, subsidiaries, or other transfers or fiscal incentives, or that in any form intervene in the
administration, management, or custody of public remedies. Cf. Article 9 of the Organic Law of the Comptroller
General of the Republic and the National System of Fiscal Oversight, supra note 29, folio 73
33
Article 93 of the LOCGRSNCF: The sanctioning powers of the oversight bodies will be exercised in
accordance with the provisions of the Constitution of the Bolivarian Republic of Venezuela and the Laws,
following the procedure laid down in this Act for determining responsibility. This power includes the power to:
declare the administrative responsibility of officials, employees and workers providing services in the entities
listed in paragraphs 1 to 11 of Article 9 of this Law, as well as individuals who have engaged in acts, events, or
16