“QUIERO RECUPERAR LA CURUL DE LA PAZ”: ÁNGELA MARÍA ROBLEDO | Conozca acá la tutela.

“QUIERO RECUPERAR LA CURUL DE LA PAZ”: ÁNGELA MARÍA ROBLEDO | Conozca acá la tutela.

La exrepresentante a la Cámara por Colombia Humana interpone acción de tutela contra la Sección Quinta del Consejo de Estado ante la vulneración de sus derechos fundamentales.

El exmagistrado y expresidente de la Corte Constitucional, Jorge Iván Palacio Palacio, en calidad de apoderado de Ángela María Robledo Gómez, presenta la tutela.

Bogotá, 27 de junio de 2019.- Por el respeto a los derechos políticos de más de 8 millones de electores que depositaron su confianza en la fórmula presidencial Gustavo Petro y Ángela María Robledo, y la vulneración de los derechos fundamentales al debido proceso (art. 29 CP), a la tutela judicial efectiva (art. 229 CP), al ejercicio de sus derechos políticos (art. 40-1 CP), al desempeño de funciones y cargos públicos (art. 40-7 CP) y a la oposición política (art. 112) de la exparlamentaria, el Dr. Jorge Iván Palacio Palacio, exmagistrado y expresidente de la Corte Constitucional, en calidad de apoderado de Ángela María Robledo Gómez, presentará mañana viernes 28 de junio en el Palacio de Justicia, acción de tutela contra la Sección Quinta del Consejo de Estado por la sentencia que anuló la Resolución 1595 del 19 de julio de 2018, mediante la cual el Consejo Nacional Electoral declaró que “Ángela María Robledo Gómez tiene el derecho personal a ocupar una curul en la Cámara de Representantes durante el periodo constitucional 2018-2022”.

Según consideró la sentencia proferida por la Sección Quinta del Consejo de Estado, el 25 de abril de 2019, “se configuró la causal de inegibilidad por doble militancia, pues la ciudadana Robledo Gómez no habría renunciado a la curul que ostentaba la accionante en la corporación pública con doce meses de antelación”, causal que en la acción de tutela se considera “violación directa a la Constitución por desconocerse el artículo 112 Superior, modificado por el Acto Legislativo 02 de 2015”, entre otros argumentos porque “la Sección Quinta del Consejo de Estado debió tener en cuenta que la curul en la Cámara de Representantes no le fue otorgada por haberse presentado a las elecciones como candidata al Congreso de la República (supuesto que se encuentra bajo el alcance del artículo 107 C.P.), sino que se trataba de una consecuencia directa del mandato del artículo 112 de la Constitución sobre la oposición política, con todo lo que este conlleva en cuanto a la eficacia de nuestro sistema democrático; ello a la luz de la voluntad del Constituyente de 1991, a las razones y fines de la reforma constitucional del Acto Legislativo 2 de 2015, y, finalmente, como un desarrollo de contenidos específicos del Acuerdo Final para la Terminación del Conflicto y la Construcción de una Paz Estable y Duradera”.
Así mismo la tutela sustenta:

– La configuración del “defecto sustantivo por interpretación extensiva del artículo 107 de la Constitución, al aplicar una causal de inhabilidad que solo tiene cabida para elecciones a cargos de corporaciones públicas, alcaldes y gobernadores”.

– Desconocimiento del precedente de la Corte Constitucional y del Consejo de Estado: “la jurisprudencia constitucional sobre la prohibición de aplicar interpretaciones extensivas o analógicas a las causales de inhabilidad”; y por cambiar el “alcance que se le dio de la expresión ‘siguiente elección’, del artículo 107 de la Constitución, que en el pasado la jurisprudencia había usado para referirse de manera exclusiva a quienes ocupaban un cargo en las corporaciones públicas y buscaban alcanzar una curul de similar naturaleza con el apoyo de otro partido en el periodo siguiente”.

El exmagistrado Jorge Iván Palacio Palacio, como apoderado, solicita “respetuosamente que con el Auto admisorio de la acción de tutela se ordene SUSPENDER PROVISIONALMENTE los efectos de la Sentencia de nulidad de la Resolución 1595 de 2018, mediante la cual el Consejo Nacional Electoral declaró que la ciudadana Ángela María Robledo Gómez tiene el derecho personal a ocupar una curul en la Cámara de Representantes durante el periodo constitucional 2018 – 2022, proferida por la Sección Quinta del Consejo de Estado el 25 de abril de 2019”.

Ángela María Robledo agradece al Dr. Jorge Iván Palacio Palacio por la construcción de esta tutela, a su equipo de trabajo por todo su apoyo, y al grupo de abogados constitucionalistas que aportaron de manera significativa para la elaboración del documento; a los cientos de ciudadanos y ciudadanas que a través de sus mensajes alimentan el espíritu para fortalecer el proyecto político de la Colombia Humana, y reitera una vez más que esta tutela la interpone inspirada por las más de ocho millones de personas que tienen derecho a tener una voz que las represente en la Cámara y que sueñan un país distinto al que propone el actual gobierno de querer hacer trizas la paz y de regresar a la guerra, y sus anhelos no pueden ser cegados con el arrebato del derecho a la oposición. Por ellos y ellas, la lucha continúa.

Tutela Ángela María Robledo / 27-06-2019 by ANGELA MARIA ROBLEDO GOMEZ on Scribd

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