constitutional right and request for suspension of effects.160 In said appeal, Mr. López
Mendoza noted that: i) his right to defense was violated, because no specific accusation
was made161; ii) "[f]alse assumption of fact for assuming that the declaration of
annulment was a simulated action"162; iii) "false assumption of law and violation of the
presumption of innocence [...] for assuming [...] the objective responsibility"163; iv) "false
assumption of law for assuming that the authorization to spend contained in the budget
of the Municipality of Chacao [...]was a committed or incurred credit line”164; v)"[f]alse
assumption of law for assuming that in the budget modification [...] there had been any
use of appropriations for purposes other than those intended, ”165 and vi)" violation of the
principle of exhaustion of the administrative decisions.”166 Furthermore, by requesting a
precautionary measure for protection of a constitutional right, they “required that "the
Comptroller not apply [Article 105 of the LOCGRSNCF] during the annulment lawsuit.”167
85.
On March 8, 2006, the Political-Administrative Chamber of the Supreme Tribunal
of Justice issued a judgment168 noting that “upon charging the petitioners with the
sanction of disqualification from holding public office, effectively, […] the precautionary
measure for protection of a constitutional right lacked cause.” 169 In this way, it declared
that it “ADMITTED, without detriment to any verification by the Substantiation Court of
the Chamber, in what pertains to the lapse of the legal action, the judicial appeal for
annulment of the administrative decision of the State being exercised.” It added that,
“[being] that the definitive admission is appropriate, the Substantiation Court would
order the continuation of the proceeding in conformity with that provided in section II of
Article 21 of the Organic Law of the Supreme Tribunal of Justice.” Finally, it declared “the
precautionary measure for protection of a constitutional right INADMISSABLE” as well as
the ”measure for temporary suspension of Article 105” of the LOCGRSNCF. 170
160
Cf. Appeal for annulment of August 4, 2005, filed by Mr. López Mendoza (Case file of annexes to the
application, tome III, folios 1560 to 1591).
161
Appeal for annulment of August 4, 2005, filed by Mr. López Mendoza, supra note 160, folio 1565.
162
Appeal for annulment of August 4, 2005, filed by Mr. López Mendoza, supra note 160, folio 1571.
163
Appeal for annulment of August 4, 2005, filed by Mr. López Mendoza, supra note 160, folio 1575.
164
Appeal for annulment of August 4, 2005, filed by Mr. López Mendoza, supra note 160, folio 1581.
165
Appeal for annulment of August 4, 2005, filed by Mr. López Mendoza, supra note 160, folio 1584.
166
Appeal for annulment of August 4, 2005, filed by Mr. López Mendoza, supra note 160, folio 1587.
167
Appeal for annulment of August 4, 2005, filed by Mr. López Mendoza, supra note 160, folio 1588.
Moreover, on September 29, 2005, the Comptroller General of the Republic forwarded a brief to the President
and other Magistrates of the Political-Administrative Chamber of the Supreme Tribunal of Justice in regard tot
he appeal filed by Mr. López Mendoza. In said official letter, the Comptroller noted that “for the imposition of
the sanctions […] enshrined in [Article 105 of the LOCGRSNCF], there is a requirement that by way of a
declaration of administrative responsibility, imposed by the […] Comptroller […], without necessity of a
proceeding, such sanction extends as a consequence that assumes there was prior exhaustion of remedies of an
administrative proceeding circumscribed within the standards that makeup the rules of dules process.” Official
letter without number on September 29, 2005, of the Comptroller General of the Republic (Case file of annexes
to the application, tome III, folios 1595 to 1606).
168
Cf. Judgment of March 8, 2006, of the Political-Administrative Chamber of the Supreme Tribunal of
Justice, EXP. N° 2005-5124 (case file of annexes to the application, annex 21, Tome 1, folios 477 to 488).
169
Judgment of 8 de Marzo de 2006 of the Political-Administrative Chamber of the Supreme Tribunal of
Justice, supra note 168, folio 485.
170
Judgment of 8 de Marzo de 2006 of the Political-Administrative Chamber of the Supreme Tribunal of
Justice, supra note 168, folio 487.
38
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