Political Point of View: The End of the Trial | Jorge Alcocer V.

Jorge Alcocer V.

The verdict approved last week by the TEPJF Supreme Chamber concluded the 2023-2024 federal electoral process. The two chambers of the Congress of the Union were created on Thursday, the 29th, so that the LXVI legislature will begin on September 1.

As expected, both in the General Council of the INE and in the Supreme Chamber of the TEPJF, the criterion of a literal interpretation of Article 54 of the Constitution prevailed.

Morena and her allies therefore have a total of 364 deputies in San Lázaro, or 73% of the total. The ruling bloc can approve constitutional and legal reforms without requiring the participation of the opposition, which also sees the right to file unconstitutionality claims before the HCEC is abolished, since they do not meet the one-third requirement. This shortcoming could extend to the Senate if Morena and her allies add 87 seats.

I have no doubt that the decision of the Supreme Court, confirming what the NE approved on Friday, August 23, complies with the formality of the law, is final and incontestable. Even the possible intervention of multilateral organizations, such as the Inter-American Court of Human Rights, could not invalidate it. From today until August 31, 2027, the ruling party has the right to change the Constitution and the laws at its discretion. It is paradoxical that such a judicial body of the Federation as the Electoral Court has given Morena the weapon to destroy this power of the Republic.

Words wear out from frequent use. That is why I avoid using the overused word “historical”. (In the times of 4T, everything is and nothing will be). I prefer to return to the idea of ​​Silvia Hernández, who suggests that we are experiencing a change in political regime characterized by the concentration of power, the absolute control of the executive over the legislative power and the intention to extend this control and subordination to the judiciary, which was accompanied by the liquidation of most of the autonomous bodies created between 2001 and 2015. I note that another remarkable fact of this change is the end of the party system that emerged from the reforms of the previous period and the return of state control over the electoral institutions.

As Mario Delgado announced, the new legislators from Morena, PT and PVEM will give López Obrador two parting gifts: the first will be the constitutionalization of the militarization of the National Guard and the civilian tasks that have been transferred to the Armed Forces during this six-year term. The other gift will be the destruction of the judiciary, introducing the election of judges, magistrates and ministers as a way to put justice at the service of the 4T.

Then comes the disappearance of the autonomous bodies and the possible consequences for those who survive, a change in the responsibilities and obligations of the Bank of Mexico or the Bank of Mexico. INEGI.

Meanwhile, the NHRC, like the entire six-year term, will remain a wreck, and the autonomy of the prosecutor’s office a masquerade. If the judiciary succumbs to the onslaught of the fourth quarter, the independence of ministers, judges and magistrates, both federal and local, will disappear. The popular election of those who administer justice will become the door through which the interests of the de facto authorities, including those of organized crime, will enter the courts without any restrictions. On the second floor of the 4T, justice will be administered by a single criterion: “For friends, justice and grace. For opponents, a simple law.”

The abusive overrepresentation of Morena and her allies in the Chamber of Deputies is the result of decisions taken by the majority of councilors and magistrates in the distribution of multi-member seats, approving a fraud on the Constitution. This abuse of advantage does not enjoy the support of the majority of citizens. This abuse is the result of a literal, dogmatic interpretation of Article 54 of the Constitution. Thanks to the work and favor of the INE and the TEPJF, the government and its party today wield destructive power without a counterweight or brake other than those created by markets and international institutions. From now on, the economy is the decisive area of ​​policy. The greatest counterweight to the arbitrary power of the 4T is the exchange rate of the peso against the dollar.

Given the claims of the 4T representatives proclaiming the “mandate of the people”, the best refutation is arithmetic. The votes for the elected president are just over 36% of the total number of voters registered in the register. Of the citizens who voted for her, 60% voted, and for the other two candidates – 40%. In the elections of deputies, Morena and her allies received 54% of the effective votes, but they were given 364 seats, which is 73% of the total votes in the Chamber. The abusive overrepresentation of Morena and her allies is not a mandate of the people, it is a decision of the electoral bodies.

The institutions created during the electoral reform cycle have reached the point of no return. Throughout the process that ended yesterday, the INE councilors and the TEPJF magistrates have been unable to respect and enforce the Constitution and the laws; they have ended this action by interpreting the limits of overrepresentation, which is harmful to democracy. The government promises the five judges of the Supreme Court – as a thinly disguised retribution – to keep them in office until August 2027. Who will accept the payment?

During this electoral process, Mexican democracy has gone from being fragile to possibly disappearing. It will be necessary to create the conditions and means that will allow it to recover and strengthen itself in the shortest possible time.

P.S. The capture and use of electoral institutions extends to the local level. 4T will leave nothing built in previous decades.

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