The regular and alternate magistrates of the Constitutional Court (CC) took office in the early hours of April 14, and various matters have arisen that that Court has pending to hear, among them an injunction against the Nomination Commission for attorney general of the Public Ministry.
In that sense, this Wednesday, April 15, Free Press Radio He interviewed Judge Roberto Molina Barreto, who, at the election of Congress, was elected for another term.
He was asked what the first days at the Court are like after assuming office again. Molina Barreto indicated that they are in a transition period, especially because there are six new magistrates who take office for the first time, and it is more difficult for them to adapt, since many come from academia or professional practice.
In addition, they must become familiar with constitutional justice, which is different from ordinary jurisdiction.
Regarding the challenges that this transition implies for the new magistrates, the official responded that they must also adapt to modern systems, since the CC works with digital files in the cloud, which is not common in other judicial areas.
He stated that the time at which they took possession is not something extraordinary, since it is a legal mandate: the previous period expired at midnight on April 13 and the new one began at midnight on the 14th; That’s why they signed the minutes at that time.
When asked if the schedule was related to rumors about a possible arrest warrant against a magistrate, the magistrate stated that it was not at all; It was a coincidence.
He explained that the CC does not act to protect people, but to guarantee constitutional order.
Protection for the attorney general election process
Another question for the magistrate was about sending a note to the new president of the Court about the process of electing the attorney general. His response was that there is a pending protection that, if not resolved, could generate problems in the process and it is intended that it be resolved in time to avoid “institutional crises.”
He explained that the protection points out the risk of forming a list of candidates for attorney general that does not meet constitutional requirements. Furthermore, it was proposed to send it to the competent body with clear guidelines.
Three of the five new titular magistrates delivered a note to the president of the CC, Anabella Morfín, in which they request to know the protection. The note was signed by Dina Ochoa, Roberto Molina Barreto and Julia Rivera.
The judge recalled that The protection was presented in March and that this type of resources does not correspond to the CC, but to other jurisdictional bodies; That is, it should be sent to the competent court in the first instance and only on appeal would it have to return to the CC.
He recalled that, at the end of March, the Court, unanimously, considered that, due to jurisdiction, it was appropriate for the protection to be sent to a Chamber, with a reminder of what was resolved by the outgoing magistracy.
He said that the idea of having resolved in March was to avoid a future interruption in the prosecutor election process and the generation of a political crisis, to prevent what is currently happening.
He recalled that the outgoing presiding judge Leyla Lemus no longer called to sign the resolution and for the file to be sent to the competent body.
They tried to meet him in the first days of April, but, according to Molina Barreto, another magistrate removed him from the agenda again.
Credibility in the CC
To another question about whether the CC has lost credibility, the magistrate responded: I don’t think so, and stated that there are critical perceptions, but they often respond to frustrations in professional practice or political interests, although the Court must maintain its institutional role.
He said that politics influences because the magistrates are appointed by different sectors; However, that does not mean that they act under instructions: each one has independence of judgment.
In relation to the election of the rector at the University of San Carlos, Molina Barreto indicated that the CC has already resolved that elections must be called and the corresponding bodies formed. However, concrete actions regarding compliance with that resolution have not yet arrived.
For the official, the greatest challenge of the new magistracy is to exercise constitutional justice and guarantee that all State bodies comply with the Constitution. He clarified that the Court intervenes when there are complaints of non-compliance; does not act ex officio.
Molina Barreto indicated that the decisions of the CC affect interests and, according to him, when a ruling favors someone they applaud it; when not, they criticize it. Furthermore, legal criteria may vary between magistrates.
When asked if the Constitution allows changing interpretations, he responded yes, since it is an evolutionary instrument. Although the text has been the same since 1986, its application must adapt to social evolution and changes in human rights.
What is the protection against the nomination commission
The amparo action that must be resolved was presented by lawyer Raúl Falla, a member of the Foundation Against Terrorism. The document exposes a possible risk that the candidate does not respect the requirements to be a candidate for attorney general.
This document is not new, it has been in the CC for a few weeks now, but the previous presidency, which was headed by Leyla Lemus, did not schedule the protection in time, according to sources from that court, who prefer not to be cited.