Nulls of absolute nullity. The Supreme Tribunal of Justice (TSJ) so qualified both the incorporation of the three Amazonas opposition deputies to the National Assembly and any decision that the Parliament adopts while they are in the parliament.
The decision was adopted by the Electoral Chamber, in its judgment 108, in which it granted the request that the former chavista candidate Nicia Maldonado filed on 28 July in order to declare the Legislative Branch in contempt, by its decision that same day of accepting that Julio Ygarza, Romel Guzamana and Nirma Guarulla assumed their seats, although that body has not yet resolved whether or not their election was vitiated as it is claimed from the ruling party.
In its judgment, drafted jointly by the five Justices of the Chamber, the body reproduced its decision number 1 of last 11 January, in which it already had declared the National Assembly in contempt at a first opportunity and ruled that the three deputies, not obeying its order to refrain from taking possession, usurped their positions. And since the Constitution establishes that “all usurped authority is ineffective and their acts are void”, then “they are vitiated by absolute nullity and therefore those decisions made by the National Assembly from the incorporation of these citizens are non-existent”.
As long as the objected deputies remain in their seats the TSJ and, presumably, the other Public Powers, will not recognize any of its decisions or actions.
Hours before the ruling was known, the parliament’s former president and deputy Diosdado Cabello stated from Zulia: “That Assembly from now on means nothing and does not represent anything in this country (…) if that Assembly does not recognize The Executive, the TSJ and the CNE, we do not recognize it.”
Likewise, it is agreed in the ruling to notify the “Attorney General of the Republic” of its decision, which may be interpreted as a request to investigate the protagonists of this contempt.
The plaintiff inserts a contentious-electoral recourse jointly with a precautionary measure so that the chamber “provides what conducive according to law is so that in face of this contumacious attitude, the abovementioned judicial decisions are complied with and the corresponding procedure is initiated, as well as speak out immediately regarding the unconstitutionality of the void swearing-in ceremony made today”; claiming the petitioner deputies that “the citizens, Julio Ygarza, Nirma Guarulla and Romer Guzamana, incur in the assumption established in article 138 of the Constitution of the Bolivarian Republic of Venezuela, by usurping the exercise of this legislative position in contempt of the quoted judgment number 260 (…) It is undeniable, moreover, the flagrancy and contumacy with which most of the deputies of the National Assembly have acted, defying the authority of the Republic’s highest tribunal. (…)” The Chamber then notes that “Upon review of the previous procedural actions, the Chamber estimates that the applicants claim that on 28 July 2016, the citizens Julio Ygarza, Nirma Guarulla and Romel Guzamana, Venezuelans, have the identity card V-12.173.417, V-1.569.032 and V-13.325.572 respectively, were summoned and sworn in by the Directive Board of the National Assembly for the purpose of its incorporation in the legislative body in the position of Deputies (…) Therefore, and because of the flagrant violation of the constitutional public order, it is imperative for this Chamber to reiterate the absolute nullity for its purpose of the act held in session of 28 July 2016, by which the Directive Board of the National Assembly proceeded to inaugurate the citizens Julio Ygarza, Nirma Guarulla and Romel Guzamana in the position of Deputies of the national legislative body, reason why that act lacks validity, existence and does not produce any legal effect, as well as those acts or actions that dictate the National Assembly with the inauguration of the aforementioned citizens (vid. judgment of the Electoral Chamber number 1 of 11 January 2016 and judgment of the Constitutional Chamber number 614 of 19 July 2016). So it is declared”.