The Keys to the disqualification of the Venezuelan opponent María Corina Machado

The ruling that maintains the disqualification for 15 years of the Venezuelan opponent Maria Corina Machado juxtaposed the legal debate with the always turbulent political discussion: the official Chavismo presents it as “Juged thing” and wants to turn the page, while the forces of dissidence insist on its unconstitutionality.

Below are the keys to this measure, which led the United States to grant a deadline to reimpose the sanctions against the oil, gas and gold of the Caribbean country, which had been relaxed just three months ago.

Failure

The Political-Administrative Chamber of the Supreme Court of Justice (TSJ) announced last Friday that Machado “She is disqualified from exercising public functions for a period of 15 years”in response to an appeal filed regarding this administrative sanction that was never communicated to him first-hand.

“The court committed (…) violation of due process and the right to defense,” questioned Gerardo Blyde, head of the opposition delegation, in the dialogue with the government to agree on conditions for this year’s elections.

Machado actually went to the TSJ – which the leader questions for its pro-government line – under pressure from a mechanism created to challenge disqualifications, part of the agreements at the negotiating table that has Norway as mediator.

The court validated the alleged arguments of the Comptroller’s Office that Machado is ““incurs” in acts of corruption related to Juan Guaidó, an opposition leader who was recognized as interim president by the United States and dozens of countries between 2019 and 2023, with control of public assets blocked abroad.

Also, they accused her of supporting economic sanctions against the South American country.

There was no trial, it was a “laughable” process, according to Perkins Rocha, Machado’s lawyer. “In legal matters, one party should have argued and proven and the other party should have had the opportunity to contradict it, and a judge should declare it proven. Here a party alleges it now and no one knows where that was proven,” he explained to AFP.

The process

The Comptroller’s Office is empowered by law to take measures against officials under investigation, although the Constitution establishes that only a “definitely final” judicial ruling prevents seeking the presidency.

“There has been no action by any criminal judge, nor an open investigation, far from it, so the disqualification is unconstitutional.””, highlighted constitutional lawyer Juan Rafalli.

To impose a disqualification, a “final judicial ruling in cases determined by law”according to the Constitution, so it is a sanction “accessory” to a sentence handed down by a judge, the lawyer added.

Chavismo, for its part, considers that the Supreme Court put an end to the matter with its ruling “definitely firm.”

“A thing judged, a thing definitively sentenced, be fulfilled and abided by!” President Nicolás Maduro reiterated this Wednesday.

But the United States doesn’t see it that way. He warned that, if this measure is not reversed, he will reactivate his economic sanctions, a measure that the Venezuelan government described as “blackmail”.

The future

Machado was disqualified for one year in 2015 for assisting as “alternate ambassador” from Panama to a meeting of the Organization of American States (OAS), where he denounced alleged human rights violations during protests that year in Venezuela.

The sanction was extended to 15 years last June, at the height of his campaign for the opposition primaries, in which he swept (he had 92% of votes).

But that penalty was indirectly notified to the opponent, through deputy José Brito, who identifies himself as an opponent although he is identified as a government collaborator. Another irregularity.

However, Machado never went to the Comptroller’s Office to hear the case against him, because he always dismissed it and called it illegal. “That avenue should have been exhausted and I would already have firsthand flagrant violations,” said Gloria Pinho, former judge and former candidate in the primaries. “He missed a golden opportunity.”

Jurists maintain that there are avenues of appeal in court. However, “In the end it is not a legal issue. “It’s political,” Rafalli lamented.

Machado continually maintains that there cannot be elections without his participation, but his authorization appears to be outright ruled out for the near future.