De Facto Governments
Following military coups that overthrew the constitutional government was de facto military presidents in 1930, 1943–1944, 1955–1958, 1966–1973 and 1976-1983 that brought in addition to the powers of the president also corresponding to Congress. The subsequent analysis of the validity of their actions led to the subsequent formulation of the doctrine of de facto governments.
That doctrine was nullified by the constitutional reform of 1994 (Article 36), which stated "usurpers" who have stopped the enforcement of the Constitution by acts of force.
Article 29 of the Constitution of 1853 had an article that he considered the sum of public power as 'treason', but was referred to the de jure rulers. For this reason in the constitutional reform of 1994 included Article 36 which says:
Article 36. This Constitution shall rule even when its observance is interrupted by acts of force against the constitutional order and democratic system. These acts shall be irreparably null. Their authors will be subject to the penalty provided in Section 29, disqualified in perpetuity from holding public office and excluded from the benefits of pardon and commutation of sentences.
Who have the same penalties as a result of these actions, assume the powers foreseen for the authorities of this Constitution or those of the provinces, those civil and criminally liable for their actions. The respective actions shall be barred.
All citizens have the right of resistance to those committing acts of force stated in this article.
Also attempt against the democratic system who incurs in serious fraudulent offense against the state that entails enrichment, shall be disqualified for the time specified by law to hold public office.
The Congress shall enact a law on public ethics for the exercise of the function.
In summary the article states:
- Absolute nullity of the acts issued by government installed by force;
- The authors shall be punished as infamous traitors to the Fatherland "
- These crimes are barred and the authors can not receive the benefit of the amnesty;
- Every citizen has the right to resistance against these acts of force.
Read more about this topic: Spouses Of The Presidents Of Argentina
Famous quotes containing the words facto and/or governments:
“I incline to think that the people will not now sustain the policy of upholding a State Government against a rival government, by the use of the forces of the United States. If this leads to the overthrow of the de jure government in a State, the de facto government must be recognized.”
—Rutherford Birchard Hayes (1822–1893)
“There comes a time in the affairs of men when they must prepare to defend not their homes alone but the tenets of faith and humanity on which their churches, their governments and their very foundations are set. The defense of religion, of democracy and of good faith among nations is all the same fight. To save one, we must now make up our minds to save all.”
—Franklin D. Roosevelt (1882–1945)