The National Assembly’s Legal Consultancy issued a document that expressly states that the only maximum authority of the legislative body is the board of directors appointed on January 5th, 2020, consisting of Deputy Juan Guaidó as president, 1st vice-president Juan Pablo Guanipa and 2nd vice-president Carlos Berrizbeitia.
The document signed by the legal consultant of the National Assembly, Enrique J Sánchez Falcón, states that this was done in order to avoid confusion that would threaten the proper administrative functioning of the National Assembly and the personnel that work there.
In this sense, they underline in the document that the Board of Directors of the National Assembly elected in session on January 5th and headed by Deputy Juan Guaidó, is the only authority that can make decisions regarding the activities and personnel employed and workers of the NA, according to the exercise of the attributions conferred by Article 27.9 of the Internal Regulations and Debates of the National Assembly.
Therefore, the document circulated by Deputy Luis Parra, in which he arbitrarily seeks to relieve directors, coordinators and division heads of their posts, is considered null and void.
“Only a decision by the person of President Juan Gerardo Guaidó Márquez or the Vice Presidents, acting as subrogates, Juan Pablo Guanipa or Carlos Eduardo Berrizbeitia, in exercise of the attribution conferred on them by Article 27.9 of the Internal Regulations and Debates of the National Assembly, with content such as that referred to in the document that has been attempted to be published, could be considered a valid and effective act.”
“Any decision by a person other than those mentioned above, relating to Assembly personnel, should be considered ineffective, null and void and a flagrant usurpation, in accordance with Article 138 of the Constitution of the Bolivarian Republic of Venezuela. That is to say, it must be considered legally non-existent.”
Also, that whoever attempts to do the opposite to the decisions of the only directive of the NA headed by its president Juan Guaidó, carries the crime of usurpation of functions provided for in Article 213 of the Penal Code (PC), as well as the hindering of the functioning of the NA and its workers, according to Article 216 of the same PC.
“This is an irresponsible act because it attempts against the tranquility of the personnel and the functioning of the institution and, furthermore, it is without foundation because it is not true that there exists a decision of the legitimate authorities of the Assembly with similar, similar or equivalent content to that which is unduly divulged”.
Finally, the Legal Counsel of the National Assembly reiterated that the decisions on the operation of the parliament and the personnel working there are the sole responsibility of the Board of Directors of the National Assembly elected in the session of January 5th, 2009, and whose respective minutes are published in Legislative Gazette No. 16 of January 6th, 2020, of Articles 131 and 145, both of the Constitution of the Bolivarian Republic of Venezuela, in accordance with Articles 2 and 8 of the Organic Law on Public Administration, as well as Article 37(1) of the Functional Statute of the National Assembly.