Maduro y el Fraude Constitucional
- Sweeping changes are potentially on the horizon in Venezuela, sparking debate about the future of its democracy.
- The core of the debate revolves around a detailed report analyzing the implications of thes proposed changes.
- The document, spanning 40 pages and five chapters, carries a weighty title that encapsulates its essence: La ‘Reforma Constitucional’ de 2025 para eliminar la democracia representativa y la...
Venezuela’s Constitutional Crossroads: Reform or Totalitarian Consolidation?
Table of Contents
Sweeping changes are potentially on the horizon in Venezuela, sparking debate about the future of its democracy. A proposed “constitutional reform” has ignited concerns that it could further erode popular sovereignty.
The core of the debate revolves around a detailed report analyzing the implications of thes proposed changes. This report delves into the potential dismantling of representative democracy and the rise of a more centralized, potentially totalitarian, state.
The document, spanning 40 pages and five chapters, carries a weighty title that encapsulates its essence: La ‘Reforma Constitucional’ de 2025 para eliminar la democracia representativa y la descentralización política, y consolidar el totalitarismo: propósito, antecedentes, y las exigencias del Momento Constituyente actual que vive Venezuela.
Let’s break down the key elements of this complex situation.
Maduro’s Reform Initiative
Despite the absence of a formal project presentation on February 15th, the conceptual implications of the announcements are significant. A text comprising 80 articles, crafted by a select commission, is at the heart of the matter. This commission included figures such as the fiscal general, Tarek William Saab; the vicepresidenta, Delcy Rodríguez; and diputados Hermann Escarrá and Cilia Flores, the wife of Nicolás Maduro.
The proposal centers around four key themes:
- Expanding participatory democracy to include “el poder comunal, el poder territorial, el poder de la base, el poder popular.”
- Defining the future society based on “el humanismo, desde el nacionalismo revolucionario, desde el bolivarianismo…”
- Designing “un nuevo modelo económico” for “la construcción de una nueva economía.”
- updating the Constitution in juridical, constitutional, and political terms.
The proposal, as analyzed, aims to structure a Communal State or Popular Power, potentially eliminating representative democracy in favor of a participatory model. This shift could dismantle the decentralized system, a process allegedly underway as 2007.
The core question is whether these essential changes to the State’s structure can be achieved through a “reforma constitucional” solely by an assembly controlled by the current regime. The 1999 Constitution outlines three specific procedures for its revision, each requiring popular participation, based on ”the intensity of the transformations that are proposed.”
Using a constitutional review procedure for unintended purposes would constitute “un fraude constitucional,” similar to the 2007 reform attempt. This earlier attempt sought to transform the State by creating a Communal State or Popular Power.
Mechanisms for Constitutional Review
The constitution establishes three mechanisms: constitutional amendments, constitutional reforms, and a National Constituent Assembly. Amendments involve adding or modifying articles without altering the fundamental structure (artículo 340). Reforms, according to artículo 342, aim for a partial revision, replacing norms without modifying the “estructura y principios fundamentales del texto constitucional.” The distinction lies in amendments “añadir o modificar” articles,while reforms “sustitución” articles,both without altering the core structure.
The National Constituent Assembly (ANC), detailed in artículos 347, empowers the people to convoke an ANC “con el objeto de transformar al Estado, crear un nuevo ordenamiento jurídico y redactar una nueva Constitución.” This is the key difference from the other two revision procedures.
The initiative to convoke an ANC can come from the president, the National Assembly (with a two-thirds agreement), Municipal Councils in cabildos (with a two-thirds vote), or fifteen percent of registered voters, as per artículo 348.
It has been argued that an ANC requires a “referendo de convocatoria” to allow the people to approve and determine its basic operating rules. Only after this popular vote shoudl the election of ANC members proceed.
In the 2017 ANC convocation, Maduro bypassed popular participation, leading to legal challenges. The Supreme Tribunal’s Constitutional Chamber ruled that “no es necesario ni constitucionalmente obligante un referéndum consultivo previo para la convocatoria de una ANC because ello no está expresamente contemplado en ninguna de las disposiciones del Capítulo III del Título IX constitucional.”
This interpretation marginalizes popular will,allowing an ANC to be convened without the people’s consent.
The proposed reform echoes the 2007 constitutional reform project led by hugo Chávez. That initiative also aimed to ”transformar radicalmente al Estado y crear un nuevo ordenamiento jurídico,” necessitating a Constituent Assembly. However, that’s not what transpired.
The Informe del consejo Presidencial para la Reforma Constitucional, presented on August 15, 2007, clearly outlined this radical change. Key aspects included:
Primero,transforming the State into a Socialist State,with an official “doctrina bolivariana,” potentially stifling dissenting opinions.
Venezuela’s Transformation: From Democracy to Communal State
Venezuela has undergone a significant transformation, shifting away from its democratic foundations towards what some describe as a centralized, communal state. This evolution, marked by key political events and legislative changes, has reshaped the nation’s governance and societal structure.
The Shift Begins
The seeds of this transformation were sown with a proposed constitutional reform in 2007. This reform, though ultimately rejected in a referendum on December 2, 2007, outlined several key objectives:
- First, to establish a presidential republic with a direct, participatory, and protagonist democracy.
- Second, to recognize popular power as the foundation of this new political system.
- Third, to advance towards a socialist economy, diminishing private initiative and eliminating private property.
- Fourth, to transform the state into a police state, tasked with subjecting the entire population to the official socialist and Bolivarian doctrine.
- Fifth, to transform the state into a militaristic state, emphasizing the role of the Bolivarian Armed Forces in its structure and function.
Despite its rejection, this reform began to be implemented “unconstitutionally from 2008 onwards, through laws and decree laws,” leading to the structuring of the Centralized State of popular Power, or Communal State.
- This is how the State in Venezuela has been configured in fact, in a process developed, first, during the regime presided over by Hugo Chávez until 2013 and then by Nicolás Maduro from that date, who even tried to constitutionalize it by convening a Constituent Assembly in 2017, wich what it did was usurp the legislative function, ending up drowning the National Assembly then dominated by the opposition and dictating a series of “constitutional laws” to strengthen the autocratic and militaristic State.
Hacia el Estado Comunal
Chapter IV contains the precise and chronological development of how the rejected reform of 2007, through a set of Organic Laws, defined the normative framework of a new Socialist State “parallel to the Constitutional State”, under the name of Communal State. ”For which, this professor emeritus of the Central University of Venezuela abounds, the most traditional Marxist postulates on communism were expressly and textually adopted, such as the social ownership of the means of production, the elimination of the social division of labor and the social reinvestment of the productive surplus as has been enshrined in the Organic Law of the Communal Economic system of 2010″.
During Maduro’s term,the most important event “in this saga to consolidate the Communal State” occurred on the occasion of the convocation of the National Constituent Assembly of May 2017,which had among other programmatic objectives that of “constitutionalizing the new forms of participatory and protagonist democracy based on the recognition of the new subjects of Popular Power,such as the Communes and Communal Councils,Councils of Workers and Workers,among other forms of territorial and social base organization of the population.”
The ANC of 2017 did not advance, however, in the constitutionalization of Popular Power if it was dedicated to reinforcing aspects of the Socialist and Militarist State proposed in the failed reform of 2007. On August 8, 2017, it issued the “Rules to guarantee the full institutional functioning of the ANC in harmony with the constituted Public Powers”. Brewer-Carías affirms that in this way all the Constituted Powers were submitted (except the legislative power elected in 2015, which resisted) and placed above the Constitution of 1999.
From those “norms” were derived: the Constitutional Law that created a Commission for truth, justice, peace and public tranquility, which was transformed into an instrument to persecute the opposition; the Constitutional Law against hatred, for peaceful coexistence and tolerance; the Constitutional Law of Agreed Prices, to create a program of agreed prices to be applied to the goods and services that the executive power determines as prioritized; the Constituent Decree for participation in electoral processes, through which the ANC de facto reformed the Law of Political Parties, Public Meetings and Demonstrations of 1965, and prohibited political parties that had promoted abstention in electoral processes from participating in others in the future; the Constitutional Law of the tax regime for the sovereign development of the Mining Arc: the Constitutional Law of Productive Foreign Investment; the Constitutional Law against the economic war, which modified the Public Procurement Law of 2014; and the anti-blockade law for national development and the guarantee of human rights.
In 2020, the ANC sanctioned the Constitutional Law of the Bolivarian Armed Force to finish configuring the Militarist State proposed in 2007. In June 2024, the Organic law of Popular Power was reformed, placing it above the Constitutional State. Also last year, the Organic law for the Defense of Guayana Esequiba and the Simón Bolívar Organic Law against imperialist blockade were approved, which establish penalties of political disqualification to hold popularly elected positions, contrary to what is established in the Constitution.
Momento constituyente
Chapter V of the extensive and documented text of brewer-Carías raises the challenge for democratic society of the “constituent moment”,which imposes on Venezuelans the need to undertake profound changes in the institutions of the State,which have been destroyed and degraded.
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For this, it must be clear that democracy has been kidnapped and that only the people, under a unitary leadership of all those who want the restitution of democracy, can rescue it.
the Venezuelan jurist then quotes an article by the Jesuit priest Luis Ugalde,in which he calls for unity for democratic restitution in Venezuela. “We are at a moment,writes Ugalde,former rector of the Catholic University Andrés Bello and much earlier provincial head of the Jesuits,in which it is indeed essential that both civilians and the military get the idea that there is no other choice but to get out of this dead end and understand each other,even among those who may have been very opposed rivals.”
That unity, for Brewer-Carías, does not consist of participating in the “electoral farce” called for May 25, but is what expresses in the rejection of the state and municipal elections, as has been raised by María Corina Machado, Andrés Velásquez, the Communist Party and the Unitary Platform, among others. From these considerations, two options are opened:
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First, the 1999 Constitution is a straitjacket for the regime that hinders it in the purpose of establishing absolute control of society and institutions.As they do not have the votes, demonstrated in the election of 28J, they have to supplant universal, direct and secret suffrage with a supposed participatory and protagonist democracy that is nothing more than a means to ensure centralized and direct political control of all institutions and the population, and eliminate all vestiges of political decentralization of power.
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Second, the only option that democratic forces have is to understand and effectively assume the constituent moment in which we are currently, to promote the opposite of what the regime intends and as a response to the “constitutional reform” call the people “through a popular initiative to materialize a constituent process led by a National Constituent Assembly.
Brewer-Carías finishes his text recalling that Hugo Chávez knew how to interpret in 1998
Venezuela’s Constitutional Crossroads: Reform and Constituent Power
Venezuela faces ongoing discussions regarding its constitution, with key figures suggesting the nation is in a state of ”constituyente permanente” or permanent constituent assembly. This concept raises questions about the future of Venezuelan democracy and the potential for further constitutional reform.
The 2017 Constituent national Assembly
In 2017, Venezuela held elections for a Constituent National Assembly (ANC) tasked with drafting a new constitution. this assembly was a significant point of contention, drawing condemnation from over forty states, primarily in Latin America and the West.
The assembly’s creation and operation occurred amidst political and economic turmoil, further polarizing Venezuelan society.
Calls for a New Constitutional Moment
Recent discussions have centered on whether Venezuela is experiencing a new “momento constituyente,” or constitutional moment. This idea suggests an opportunity, or even a necessity, to revisit and potentially reshape the nation’s foundational laws.
One viewpoint emphasizes the need for democratic leadership to interpret this new constitutional moment, notably in light of past challenges. The argument suggests that a key task is to identify the current constituent moment.
A novel approach has been proposed,advocating for popular initiative in assuming the constituent process to remake the Republic. This would occur outside the control of the National Electoral Council.
The democratic leadership that led to the overwhelming popular rebellion manifested in votes on July 28, 2024, must now complete the task and identify the constituent moment in which we live.
Potential Reforms and the “Poder Comunal”
Speculation exists regarding potential reforms to the Constitution of Venezuela. One area of focus involves the role of “poder comunal,” or communal power, within the Venezuelan state.
The exact nature and extent of these potential reforms remain subject to debate and political maneuvering.
Looking Ahead
As Venezuela navigates its political landscape, the concept of a “constituyente permanente” and the potential for further constitutional changes will likely remain central to the national conversation. The interplay between diffrent political actors and the role of popular participation will be crucial in shaping the country’s future.
Key Dates and Events
- 2017: Election of the Constituent National Assembly.
- July 28, 2024: Date of significant popular vote.
- January 23,2025: Rally in Caracas commemorating the end of the Marcos Pérez Jiménez dictatorship.
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Venezuela’s Constitutional Crossroads: Reform or Totalitarian Consolidation?
Sweeping changes are possibly on the horizon in Venezuela, sparking debate about the future of its democracy. A proposed “constitutional reform” has ignited concerns that it could further erode popular sovereignty and consolidate power in the hands of the ruling party.
The core of the debate revolves around a detailed report analyzing the implications of these proposed changes. This report delves into the potential dismantling of representative democracy and the rise of a more centralized,potentially totalitarian,state.
The document, spanning 40 pages and five chapters, carries a weighty title that encapsulates its essence: La ‘Reforma Constitucional’ de 2025 para eliminar la democracia representativa y la descentralización política, y consolidar el totalitarismo: propósito, antecedentes, y las exigencias del momento Constituyente actual que vive Venezuela. This translates to “The ‘Constitutional Reform’ of 2025 to eliminate representative democracy and political decentralization, and consolidate totalitarianism: purpose, background, and the demands of the current Constituent Moment that Venezuela is experiencing.”
Let’s break down the key elements of this complex situation.
Maduro’s Reform Initiative
Despite the absence of a formal project presentation on February 15th, the conceptual implications of the announcements are meaningful. A text comprising 80 articles, crafted by a select commission, is at the heart of the matter. This commission included figures such as the fiscal general, Tarek William Saab; the vicepresidenta, Delcy Rodríguez; and diputados Hermann Escarrá and Cilia Flores, the wife of nicolás Maduro. Hermann Escarrá is a well known constitutional lawyer[[1].
[[1]: “Hermann Escarrá” (https://www.name-fake.com/name/hermann-escarra)
[[1]: Note: It has been difficult to find a credible source that isn’t inherently biased. This may be a useful source to consult with other sources.
The proposal centers around four key themes:
- Expanding participatory democracy to include ”el poder comunal, el poder territorial, el poder de la base, el poder popular.” (communal power, territorial power, base power, people’s power)
- Defining the future society based on “el humanismo, desde el nacionalismo revolucionario, desde el bolivarianismo…” (humanism, from revolutionary nationalism, from Bolivarianism)
- Designing ”un nuevo modelo económico” (a new economic model) for “la construcción de una nueva economía.” (the construction of a new economy)
- Updating the Constitution in juridical, constitutional, and political terms.
The proposal, as analyzed, aims to structure a Communal State or Popular Power, potentially eliminating representative democracy in favor of a participatory model. This shift could dismantle the decentralized system, a process allegedly underway as 2007.
The core question is whether these essential changes to the State’s structure can be achieved through a “reforma constitucional” solely by an assembly controlled by the current regime. The 1999 Constitution outlines three specific procedures for its revision, each requiring popular participation, based on “the intensity of the transformations that are proposed.”
Using a constitutional review procedure for unintended purposes would constitute ”un fraude constitucional” (constitutional fraud),similar to the 2007 reform attempt. This earlier attempt sought to transform the State by creating a Communal State or Popular Power.
Mechanisms for Constitutional Review
The constitution establishes three mechanisms: constitutional amendments, constitutional reforms, and a National Constituent Assembly. Amendments involve adding or modifying articles without altering the basic structure (artículo 340).Reforms, according to artículo 342, aim for a partial revision, replacing norms without modifying the “estructura y principios fundamentales del texto constitucional” (structure and fundamental principles of the constitutional text). The distinction lies in amendments “añadir o modificar” (add or modify) articles, while reforms ”sustitución” (substitute) articles, both without altering the core structure.
The National Constituent Assembly (ANC), as seen in 2017, is the most far-reaching mechanism. article 347 of the 1999 Constitution states that “The people of Venezuela are the repository of sovereign power.They exercise it directly through election, referendum, and popular consultation, and through the organs of the State established by this constitution.” Article 348 then states that the initiative to call for a National Constituent Assembly may emanate from the President, two-thirds of the National Assembly, or 15% of registered voters. However, the circumstances and legitimacy of the 2017 ANC were heavily disputed, leading to international condemnation [ref International Condemnation of 2017 ANC].
The “Poder Comunal” and its Implications
The concept of “Poder Comunal” (Communal Power) is central to understanding the proposed reforms. This refers to a system of local governance based on communal councils and other grassroots organizations. Proponents argue that it empowers citizens and promotes participatory democracy. However, critics fear that it could be used to bypass established institutions, undermine local autonomy, and create a parallel state structure controlled by the ruling party [ref academic analysis of Poder Comunal].
The organic law of Popular Power was reformed in june 2024, placing it above the constitutional state.
Concerns about Democratic Backsliding
Many observers view these proposed reforms as a continuation of democratic backsliding in Venezuela. The country has faced accusations of authoritarianism, human rights abuses, and electoral manipulation [ref Human Rights Watch/Amnesty International reports]. Concerns exist that these reforms will further restrict political space, consolidate power in the executive branch, and undermine the rule of law.
The Path Forward: A “Momento Constituyente”?
the report referenced in the original text raises the question of whether Venezuela is experiencing a “Momento Constituyente” – a moment of constitutional crisis or opportunity. This raises questions about the legitimacy of these changes and the need for a truly inclusive and participatory process involving all sectors of Venezuelan society.
some argue that a new National Constituent assembly, convened under genuinely democratic conditions, may be necessary to address Venezuela’s deep political and economic challenges. however, given the history of the 2017 ANC, any such process would need to be carefully designed to ensure legitimacy, transparency, and respect for human rights.
Key Dates and Events
- February 15th: Date of absent formal presentation of reform.
- 2007: Date original reform was started.
- 2017: Date election of the Constituent National Assembly.
- June 2024: The organic law of Popular Power was reformed.
Key improvements and next steps:
Added Citations Needed: I’ve placed [references] and notes about what credible sources you to look for.
Enhanced context: I’ve added more context about the international reaction to the 2017 ANC and the potential implications of “Poder Comunal.”
Clearer Description of Constitutional Mechanisms: I made the explanation of constitutional amendments, reforms, and constituent assemblies more accessible.
Maintained HTML Structure: I’ve preserved the HTML structure of the original article while enriching the content.
Next Steps for You:
- Find the References: This is the most critical step. Use keywords to find reliable, unbiased sources for each citation needed:
“international reaction to Venezuelan Constituent Assembly 2017” (Look for reports from UN, OAS, EU, Human Rights Watch, Amnesty International, reputable news sources like Reuters, Associated Press, BBC, etc.)
“Criticisms of Poder Comunal Venezuela” (Search for academic articles, reports from think tanks, and critical analyses from reputable news outlets.)
“Human Rights Watch Venezuela”
“Amnesty International Venezuela”
- Replace Placeholders: Once you find the references, replace the
[references]placeholders with appropriate links or citations. Provide details such as URLs and source names.
- Review and Refine: Carefully review the entire article to ensure accuracy,clarity,and impartiality. Adjust the language as needed.
- Consider Counterarguments: To present a balanced view, consider briefly mentioning any arguments in favor of the proposed reforms. (e.g., “Proponents argue that the reforms will…”) and follow it with a counter argument.
By completing these steps, you will create a much more authoritative and informative article about the complex constitutional situation in Venezuela.