The injured Institutionalism

National The TEPJF has not responded according to the law to the wronged petitions The injured Institutionalism By: Carlos Damián August 31, 2012 It is a tribunal with decisions villagers and narrow-minded México. – From passed February, months before the recent election, the one registered of the election Progressive Movement, Andres Manuel Lopez Obrador, requested to the Electoral Federal Institute (IFE) that impeded, and in its case, it sanctioned irregularities like the purchase of votes, the one surpasses in the campaign expenses and the inequity in the covering for most of the informative means, especially the electronic ones. To that petition the IFE responded that they didn't have abilities to avoid or to punish such infractions to the electoral law as long as these were not perpetrated. It was evident also the remiss attitude of the Specialized Office for the Attention to Electoral Crimes (Fepade, in Spanish). In the following weeks the citizenship verified the excess of resources in the campaign of the candidate of the PRI, Enrique Peña Nieto (EPN). Apart from this, from the same day of the elections they were given to know thousands of photographic testimonies, graphic and notaries’ videos that documented the purchase of votes for the formula of the tri-colored party. Later on, the left coalition disclosed dozens of documents, confirmed one to one as authentic that evidenced diverse handlings of money of unknown, possibly illicit origin, in the context of the political campaign of EPN. There is not worse blind man that the one that you don't go For the before mentioned, the wronged part requested to the Electoral Tribunal of the Judicial Power of the Federation (TEPJF, in Spanish) that failed the disability, all time that this didn't fulfill the characteristics settled down in the Mexican Constitution. In such a circumstance, with an unlikely electoral result to eyes of millions of Mexican citizens and of the world, the tribunal had before it the alternative of qualifying, to clarify and to investigate the presented tests; to correct, in that way, the omissions of the IFE and of the Fepade; to give with it certainty and solidity to the electoral processes, and to sit down a precedent to impede the repetition of the mechanisms of distortion of the popular will, or to appeal to legal formulism to declare them unfounded and to discard in their entirety the resource of the Progressive Movement. The magistrates of the TEPJF opted, in yesterday's session (8/30/12), for it second: they gave the back to the testimonies of the irregularities and they looked for -and they found - legalistic pretexts to disqualify them. In the logic enunciated by the magistrates, the only acceptable test would have been, maybe a reconstruction of facts, carried out before its eyes and with all the present main characters, of the dirty electoral events that were seen, apart from this, for countless citizens. The lack of neatness and the partiality was taken to such a point that Salvador Olimpo Nava Gomar was ahead to the juridical procedures to refer to EPN like “elect president” and to describe as “free and authentic elections” the last process, as long as its colleague Flavio Galvan referred to the process culminated yesterday like “anecdotic trial without refuted act." The announced political situation The responsible magistrates didn't assist all the indications and tests contributed by the displeased presidential candidate and they retrenched in the manipulated legality, from which liberated the road for the return to the power of the worst current political class, opening doors for the civic dissent coming from, so much the electoral opposition to the result clearly fraudulent, and of the fill accumulated because of the corruption, the inefficiency, and the frivolity of two administrations of six years time of the PAN, and of the founded increased expectations of continuity that it offers the political current of EPN. The mental closeness of the judges followers of the political current of the PRI, affects to all so much one those that made it legally inside the established political, and “democratic” institutional picture, and this resolution suffers it those that competed inside the lines of the PRI, and of the PAN, because they believe to have won but it is not even they possible to express joy public's form rightfully, due to the multiple evidences of the electoral purchase, it evidences that it doesn't allow joys. Finally they will suffer the same consequences that the rest of the society, when beginning the political and economic collection, of the patronage of the diverse posters of three colors that they have converged to the operations of financial investment and they will demand that their interests can recover with multiple earnings, and obviously with damages to the treasury. The sneezes of the governor Carstens of the Bank of Mexico, it has contracted another cold due to the transfer of 3.33 million dollars that they left the pocket of the State government of Mexico (Edomex), to the pocket of the political campaign of EPN. It is supposed that in some moment it returned to the arks of the Edomex. Supposedly they went for a walk but Ricardo Monreal presented before the PGR a penal accusation in his against, and it assures that the transaction was altered, sprinkling many involved. In sum, the magistrates didn't judge the legality of the election, but rather they were limited, based on a narrow interpretation of the laws and ignoring indications of the commission of possible serious crimes, to disqualify the Progressive Movement and to their objection resources. Because, in contrast to what magistrate Manuel Gonzalez Oropeza, the law affirmed is not applicable if one doesn't interpret, and in the present case the members of the organism decided to give to the Constitution and the electoral norms a remiss, obliging interpretation and to make matters worse, extremely prejudicial for the group of the political institutionalism of the country. Because before their negative, to investigate and to clarify the heap of irregularities of the past processes electoral, they open the door to the perpetuation of practical electoral repudiate, to a serious bad reputation of the democratic processes, and to a new lacking government of genuineness. (La Jornada, politica, p.p. 3-6, August 31, 2012).