With the signature of Gisela Marziotta in the Senate and the Chamber of Deputies, a request for intervention from the province of Jujuy and its three powers was presented. Article 1 reads: “The federal intervention of the Province of Jujuy is declared, in the three provincial powers, to restore the representative, republican and federal form of government (article 6, CN), in safeguard of life, integrity and freedom of human persons, and restore the supremacy of the National Constitution (article 36, CN), and International Human Rights Treaties (article 75, paragraph 22º CN).This, taking into account the situation of internal commotion (article 6º, CN) generated by the attempt to alter the hierarchical structure of the legal order established by articles 31 and 75, subsection 22 of the CN and the ostensible injury to the provisions of article 75, subsection 17 of the CN of historical reparation to the native peoples and their right to inhabit their ancestral lands in community”.
The second point of the project includes the appointment of a “Federal Comptroller” chosen by President Alberto Fernández. And the third “the immediate expiration of the mandates of the Executive Power and of the members of the Legislative Power and the members of the Judicial Power be declared in commission.” The intervention proposed by Marziotta, which scandalized the opposition, would be based on the proposal of the deputy for six months, “extendable by the national Executive Power for an equal period”, to then make a new call for elections, ignoring the past elections.
The National Constitution of the Argentine Republic, establishes in its article 5 that “Each province will dictate for itself a Constitution under the republican representative system, in accordance with the principles, declarations and guarantees of the National Constitution; and to ensure its administration of justice, its municipal regime, and primary education. Under these conditions, the federal government guarantees each province the enjoyment and exercise of its institutions” (National Constitution, 1994). Although the autonomy of the provinces is established, it is pertinent to highlight that they must be subject to national constitutional norms and the ultimate guarantor of the functioning of their institutions is the national government,” says Marziotta.
The provincial independence that flagged the ruling party in the cases of Tucumán and San Juan seems not to be taken into account in this case. “The federal government intervenes in the territory of the provinces to guarantee the republican form of government, or repel foreign invasions, and at the request of its constituted authorities to support or reestablish them, if they had been deposed by sedition, or by invasion of another province” (National Constitution, 1994)”, quotes Marziotta.
