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.

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