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The Supreme Court described as "deskilling" the concepts retained in the appeal of the controller Jorge Bermúdez, in which it is described that the findings of the judges who failed to reinstate the subcontractor Dorothy Pérez were "absurd" "and" Aberrant "
The State Defense Council intends to reconsider the decision against the Controller of the Republic, Jorge Bermúdez, who ordered him to reinstate the controller Dórothy Pérez in his position by invoking the arguments contained in a 24-page document.
This is the appeal for protection filed by the dismissed civil servant, which was received on 16 October by the Third Chamber of the Santiago Court of Appeal and unanimously concludes that his constitutional rights have been violated when the resignation has been requested. August 22 and orders his return to power.
In the text of the appeal, signed by the president of the CDE, María Eugenia Man aud, it is said that the decision of the court of appeal against Bermúdez "entails an absurd interpretation and contrary to the law "," leading to absurd conclusions, totally irreconcilable "
For the spokesman of the Supreme Court, Minister Lambert Cisternas, these qualifications are the responsibility of only one of the parties.
"I learned very early in the court system that judges had to have" hard leather, "which proves that we actually have it.This is a disqualification of arguments ( …) and is ultimately just the expression of what a party thinks, "he said.
"It is possible to disagree with the decision of the courts, but it is not acceptable to clbadify it as aberrant or absurd"
– Ciro Colombara
The Lawyer of the 39, former Deputy President, Ciro Colombara, found that the judges who ruled in first instance against Bermúdez are shocked.
"What corresponds is a legal debate, not denostaciones.It is possible to disagree with the decision of the courts but it is not acceptable to describe it as aberrant or absurd" said Colombara.
At a seminar and in statements to CNN Chile, Bermudez said that there was total peace of mind regarding the judicial process. He even said that he was planning work for next year.
"There is a working subcontractor who has been working for two months and who will continue to do it.All the actions that she leads are valid and the institution is in full normality, we work at the planning for the audit next year, "she said.
On appeal, it is denied that the controller Bermúdez violated the rights of Perez, for the alleged loss of confidence that followed the two statements of the ex-employee as a witness before the prosecutor Eugenio Campos, charged with investigating the Pacogate case.
"A subcontractor is in office and has been working for two months, he is going to seguri doing this"
– Jorge Bermúdez
However, and because of the reservation of the procedure, it is argued that the rejection of the charge was not solely due to his statement in the Pacogate case. "The reasons for the resignation request have been communicated to her verbally and refer to the differences that she recognizes in her appeal and the situations that are the subject of an investigation before the administrative and criminal courts, which it is not obliged to refer to because they are protected by secrecy ", it is indicated.
The Third Chamber of the Supreme Court, presided over by the Minister Sergio Muñoz, must decide to decide the hearing of the arguments or to rule "on the account" of the appeal, that is to say at the sole hearing of the file. his appeal called for allegations "taking into account the importance of the Office of the Comptroller General of the Republic, his superior, his controller and, ultimately, the solvency and soundness of the institutions of the country and of the primacy of the law". 19659019] (function (d, s, id) {
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