The Constitution of Venezuela reaches its 25th anniversary this Sunday with a questioned compliance with its precepts and a country far from that described in the Magna Carta – approved in a popular referendum on December 15, 1999 -, of which Chavismo and the opposition mutually accuse each other.

The text, which obtained 71% of the votes in favor – in a day marked by a high abstention and a natural disaster that took the lives of thousands in the north of the country -, was prepared to “establish a democratic, participatory and leading society,” in a “State of justice” that “consolidates the values of freedom” and guarantees human rights.

A quarter of a century later, the refounded ‘Bolivarian Republic’ is experiencing one of its greatest political crises, unleashed after the July presidential elections and marked by protests, police operations, 28 deaths and 2,400 arrests -according to official figures-, complaints of human rights violations, uncertainty, diplomatic conflicts and alleged terrorist and magnicide plans.

Here are some of the most invoked constitutional articles in this context:

Art. 5: The sovereignty resides intransferable in the people.

The candidate of the largest opposition bloc – the Democratic Unitary Platform (PUD) -, Edmundo González Urrutia, cited this article in defense of his claimed victory in the elections, a process tarnished by the coalition’s denunciation of fraud and a broad international questioning of the proclaimed re-election of Nicolás Maduro, who also claims popular sovereignty that – he assures – supported him.

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Art. 68: Citizens have the right to demonstrate, peacefully and without weapons.

According to the Social Conflict Observatory (OVCS), there were 5,005 protests between January and November, of which – it indicates – 218 were suppressed. The hottest days were those after the elections, with demonstrations pointed out by the PUD as “spontaneous and legitimate expressions” and by the ruling party as “criminal guarimbas (violent revolts)” and “terrorists.”

Art. 49: Due process shall apply to all judicial and administrative proceedings.

Relatives of those who are considered “political prisoners”, activists and NGOs denounce violation of due process, impossibility of appointing lawyers and accessing files, incommunicado, early convictions, pressures to attribute to themselves facts that – they assure – they “did not commit”, transfers away from their places of residence without prior notice, mistreatment and lack of medical care, allegations that the Government denies and describes as false.

Art. 130: Venezuelans have the duty to honor and defend the homeland.

The Parliament – controlled by Chavismo – insisted this year on legislating against the “traitors to the homeland” based on article 130, and one of its most recent actions was to approve the ‘Organic Law Liberator Simón Bolívar’, which establishes penalties of 25 to 30 years in prison and fines of up to one million euros (1,050,400 dollars) for those who promote or are involved in foreign sanctions, as well as political disqualification of 60 years.

Art. 328: The Armed Forces constitute an essentially professional institution, without political militancy, (…) at the exclusive service of the nation and, in no case, to that of any person or political partiality.

The Bolivarian National Armed Forces (FANB), called “deeply Chavista” by Maduro, ratified its “absolute loyalty and subordination” to the head of state after the validation of its controversial victory by the Supreme Court, controlled by magistrates related to the ruling party, and after the PUD urged the military institution to “respect popular sovereignty.”

Art. 91: Every worker has the right to a sufficient salary that allows him to live with dignity and cover the basic needs for himself and his family.

The minimum wage – a reference for the rest of the remuneration in the public sector – has remained, since March 2022, at 130 bolivars, today about 2.5 dollars, when the basic food basket for a representative family of five people reached 539.79 dollars in October, according to independent estimates, an amount unattainable even with the additional bonuses of 130 dollars.

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