The Venezuelan Legal System
 


 

By Sharmila Matugama
Columbus School of Law
The Catholic University of America
Comparative International Law with Prof. Fischer
April 18, 2002

History
Current Events
The Constitution
Government Structure
The Executive
The Legislature
The Judiciary
The Civil Code
International Relations
Human Rights

 

Alternating statute of Simon Bolivar, the legislature building and the Presidential Palace

History

Pre-Colonization
Venezuela had a rich and diverse culture of indigenous peoples, which consisted of three main tribes called the Carib, Arawak, and the Chibcha.  Although they did not build great civilizations as the Mayan Indians or the Aztec Indians did, they did create an impressive irrigation system for farming, especially in the mountain regions of Venezuela.
 
 

Colonial Era

Venezuela was sighted by Christopher Columbus on his third voyage to the Americas in 1498.  The land was claimed for colonial Spain and named “Little Venice” or Venezuela, because the indigenous people built houses on stilts above water, which reminded either explorer Alonso de Ojeda or mapmaker Amerigo Vespucci, of Venice, Italy.
 The Spanish colonized Venezuela, and ruled from Bogota, Colombia, but did not discover the minerals and oil which make Venezuela a wealthy nation today. Instead, the economic focus was on agricultural products, such as coffee and bananas.
 
 

Simon Bolivar and Independence

Venezuela declared independence in 1810 and adopted the first of many constitutions one year later.  However, Venezuela did not reach full independence until 1821 under the leadership of Simon Bolivar who was born in Caracas in 1783 to an aristocratic family. Simon Bolivar is considered Venezuela’s founding father and revered by Venezuelans today.  He is the seed of Venezuelan nationalism and is considered a hero who formed Venezuela as a nation and won independence from Spain. The center of every city and town in Venezuela has a “Plaza Bolivar” with a statue of Simon Bolivar in the center. Venezuela’s currency – the “Bolivar” is also named after him. The official exchange rate (4/01/02): US$1 = 924.35 Bolívares.  Bolivar’s vision for South America was to be one nation with federated states instead of separate countries.  Bolivar is credited with freeing many South American countries from Spain: Venezuela, Ecuador, Colombia, Peru and Boliva, whose name still honors Simon Bolivar today. For a short time, from 1820 to 1830, his vision seemed to be taking form the creation of Gran Colombia, consisting of Ecuador, Colombia  and Venezuela. The flags of Ecuador , Colombia and Venezuela are almost identical for that very reason. All have yellow, blue and red stripes symbolizing gold, the ocean and the blood of all the people who died fighting for their country.

Gran Colombia fell apart in 1830 because of internal politics as well as a weak government structure.  Venezuela became an Republic plagued by internal strife and repressive governments who constantly changed the Constitution.  The central government was quite weak which led to struggle between central authority and local authorities.  It was under Juan Vicente Gomez, who was in power from 1908 to 1935 that the government was substantially centralized and the economy shifted towards industry.  This structure is the basis for the strong central government and the role in the economy today.

After Independence

From 1935 to 1947 a series of coups, dictatorships, and corrupt elections ruled Venezuela’s government.  Direct popular elections did not take place until 1947, and even the president, Romullo Gallegos, who was elected democratically was overthrown in a military coup only 9 months after he took office.  Perez Jimenez ruled through a military dictatorship for 10 years, and in 1958, the popular and influential Romulo Betancourt led a revolution of the popular masses and implemented the Constitution that is in place today.  Until Betancourt, the nation's wealth only touched the ruling elite, not the middle or lower classes.  This popular revolt is legendary in Venezuela, especially since it instituted a stable democracy.  From 1958 until recent days, there has been a more or less smooth transition of power from party to party.  This has made Venezuela one of the most politically stable, democratic countries in Latin America.

For more about Venezuelan History:
Venezuela History and Culture
General Venezuelan History
World Rover History - Venezuela
World History Archives - Venezuela
State Department Country Guide - Venezuela

For more about Simon Bolivar:
http://www.crystalbeach.com/history.htm
http://www.geocities.com/Athens/Acropolis/7609/eng/
 
 





Current Events

President Hugo Chavez 

 

The charismatic “Comandante” Hugo Chavez , a former army paratrooper, tried to overthrow the Venezuelan government in an unsuccessful coup attempt in 1992 and was released from jail by former President Rafael Caldera in 1994.  He was then elected president in 1999 with a 56% majority of the Venezuelan vote.  He focused his attention on Venezuela’s poor, accounting for about 12 million out of 20 million people, with grandiose promises of taking the wealth out of the upper classes and bringing social reform in his "Bolivarian Revolution".  His party then won 120 out of the 131 seats in congress.

Chavez changed the constitution to allow for presidential re-election, extend the presidential term to 6 years and dissolve the senate.  The new constitution nationalizes the oil industry and succeeded in changing the name of the country to “The Bolivarian Republic of Venezuela” or “Republica Bolivariana de Venezuela”  from the “Republic of Venezuela”.  Chavez has called for the dissolution of both the Congress and the Supreme Court and threatened to declare a state of emergency and rule by decree as well as given military officers high-level government posts, which used to be held by civilians.  He has also shut down the press, deeming inciting opposition to the presidency as “unconstitutional”.  Over the last few months, he has cracked down on the growing number of strikes that shut down the industries and oppose his regime.  It is rumored that President Chavez requires an empty chair at all meetings in honor of Simon Bolivar.

April 11, 2002 was the third day of a general strike in which much of the population was supporting the oil industry in opposition of the new board of directors installed by Chavez at the state-owned oil monopoly, Petroleos de Venezuela.  Violence broke out between the government and the protestors and a group of military leaders ousted Chavez.  He was detained for 2 days by the military, and then on April 14, 2002 he was reinstated as the masses revolted against the new government and other members of the military refused to support the new regime.
One of the first things Chavez did when back in power was dismantle the board of directors he had installed at Petroleos de Venezuela.  It seems like Chavez is trying to change his authoritarian image - instead of appearing in full paramilitary uniform, he has been photographed wearing only suits since his return to power. With the international spotlight shining on Chavez and his regime, it remains to be seen what President Chavez will do next.

Here is detailed information about current events:
http://www.cnn.com/2002/WORLD/americas/04/12/chavez.chronology.ap/
http://www.sacbee.com/24hour/world/story/360276p-2922713c.html
http://www.wsws.org/articles/1999/sep1999/vene-s10.shtml
http://www.focal.ca/summary/summary_venezuela.htm
http://www.cbsnews.com/stories/1999/12/16/world/main140703.shtml
http://www.foreignaffairs.org/20011101faessay5775/kurt-weyland/will-chavez-lose-his-luster.html
http://www.zmag.org/content/LatinAmerica/wilpertcoup.cfm
 
 

Oil

Venezuela's oil industry affects everything from the political structure to the constitution to international affairs.  Petroleos de Venezuela is the oil company which has been nationalized under the 1999 constitution and makes up about 3/4 of the Venezuelan economy.  1/4 of the U.S. oil is imported from Venezuela which may be a reason that the U.S. government did not object too strongly to the attempted coup.  Venezuela was a founding member of  Organization of Petroleum Exporting Countries ( OPEC) and in the summer of 1996, had one of the lowest gasoline prices in the world - at about $0.45 a gallon.

For detailed information about Venezuelan Oil issues:
http://www.eia.doe.gov/emeu/cabs/venez.html
http://www.eia.doe.gov/cabs/opec.html




Constitution
Before 1961, each new government re-wrote the constitution.  It was on January 23, 1961, under President Romulo Betancourt, that the Constitution used until 1999 was first written.  The Constitution of 1961 was written with individual rights as a key theme.  74 articles deal with human rights.  The freedom of speech, the freedom of religion, universal suffrage, Habeas Corpus and the right to a speedy trial, are constitutional guarantees.  This constitution allocates a great social burden on the state to care for its citizens with a strong social welfare system and state- regulated labor practices.  For example, there were specified working hours, a minimum wage, and freedom to strike.  This theme of individual rights running throughout the constitution is the reason Venezuela has many government programs along with the tradition of a strong central government providing for the Venezuelan public.

In 1999, President Hugo Chavez instituted a new constitution which was approved by an 80% majority in a referendum held in December of 1999. There are 350 articles in this constitution.  The constitution of 1999 allows for presidential re-election, extends the presidential term to 6 years and dissolves the bicameral Legislature.  Instead of the Senate and the Chamber of Deputies, the legislature only consists of the Chamber of Deputies - where Chavez's party initially controled 120 out of the 131 seats and now controls 95 of the 131 seats.  The new constitution nationalizes the oil industry and succeeded in changing the name of the country to “The Bolivarian Republic of Venezuela” or “Republica Bolivariana de Venezuela”  from the “Republic of Venezuela”.  Here is a list of some changes that the new constitution made:

  • The Senate is eliminated, leaving a single chamber National Assembly ;
  • The president can dissolve the National Assembly if it rejects his appointment of a vice president (a new position) three times;
  • The country's name is changed from the Republic of Venezuela to the Bolivarian Republic of Venezuela in honor of 19th century independence hero Simon Bolivar, a change originally opposed by the Constitutional Assembly but reinserted at Chávez' insistence;
  • Civilian oversight of the military is reduced by eliminating the right of congress to vote on military promotions (giving such power to the president), and soldiers gain the right to vote;
  • News organizations are required to publish "truthful, opportune and impartial" reports-a clause critics say could lead to press censorship;
  • Social security benefits and free health care and education (including university) are guaranteed to all Venezuelans;
  • Housewives win the status of workers and qualify for social security benefits, including a $169 monthly check when they reach retirement age (article 88 of the new constitution calls them "creators of added-value riches and social well-being");
  • The government's ownership of shares in PDVSA is given constitutional status, but some private investment in the oil industry is permitted.

    •  

     

    "The charter it produced expands the rights of minorities and seeks to clean up corrupt courts and break the stranglehold of political parties that many Venezuelans blame for squandering the Western Hemisphere's largest oil reserves. It also sharply reduces civilian control of the army and increases the state's role in managing the economy. The constitution raises the status of women and indigenous peoples, reduces the powers of states and municipalities, reverses the current ban on soldiers being allowed to vote, and requires the state to guarantee social security benefits to all workers. Critics say the government can ill afford the latter provision. The new charter also includes a controversial clause calling for "truthful information" in the media, which, some charge, is a recipe for censorship."


    According to a CNN analysis in December, 1999

    "Its critics say the proposal is riddled with unrealistic promises of free welfare, discredited interventionist ideology and clauses on the role of the military that would undermine one of Latin America's longest-lasting uninterrupted democracies.  'It is potentially dangerous for democracy," said political analyst Teodoro Petkoff. "It could lead to an authoritarian exercise of power.'"
    More about the 1999 Constitution:
    Constitutional Development
    http://www.cnn.com/1999/WORLD/americas/12/16/venezuela.chavez.02/
    http://news.bbc.co.uk/hi/english/world/americas/newsid_528000/528014.stm
    http://www.cnn.com/1999/WORLD/americas/12/16/venezuela.chavez.01
     
     

    Amending the Constitution

    Under the 1961 constitution, one fourth of either one of the chambers of Congress or of the State legislative assemblies can introduce an amendment and a majority of Congress is needed to pass the amendment. The amendment must then be ratified by two-thirds of the states before it can become part of the constitution.  Re-writing the constitution works in the same way as amending the constitution.  The president cannot veto any amendment that has been ratified and is obligated to enforce the amendment within 10 days following ratification.  Under the 1999 constitution, the process is similar - with the distinction being that there is only one body in the National Assembly.
     
     

    Freedom of the Press?

    President Chavez has accused the media of inciting the people against him and helping the interim government by portraying them as stable.  He instructed the National Assembly, or the unicameral congress to launch an investigation of the press, especially the television stations in Caracas, to determine whether their actions were constitutional.  During the anti-Chavez demonstrations from April 9 -11, 2002, the government issued mandatory broadcasts which were to be shown instead of the protest coverage, including presidential speeches from Chavez.  On April 11, Chavez had the station’s broadcasting signals shut down.

    Chavez accuses the media of lying to the people and supporting the coup with their coverage.  If the National Assembly's report decides that there there was no “truthfulness” in the media during the coup, as required by the constitution, then he may be able to suppress the press through new legislation.  His party controls the Congress, and through the new constitution and potential legislation, he may be able to take away hard-fought freedoms that were guaranteed under the 1961 constitution.

    Article on "Truthful Information Provision"

    Government Structure

    Venezuela is a Republic, divided in 22 federated states. The states are Amazonas, Anzoategui, Apure, Aragua, Barinas, Bolivar, Carabobo, Cojedes, Delta Amacuro, Flacon, Guarico, Lara, Merida, Miranda, Monagas, Nueva Esparta, Portuguesa, Sucre, Tachira, Trujillo, Yaracuy, and Zulia.  Each state is equal to the other states and all states are divided into municipios, which are local governments. Each municipio has a mayor and a local council who are both directly elected every three years.

    The three main sections of the Republic of Venezuela are the Executive Branch, the Legislative Branch and the Judiciary, however, the power is not divided equally among the three.  The States also have local government, which are all under the control of the central government.

    Basic Organization of the Venzuelan State
     
     

    Executive

     The president is the head of state and the Chief Executive as well as the Commander of the Armed Forces.  The executive is thePresidential Palace strongest of the three branches of government.  As of 1999, the President will be elected every 6 years and can now be immediately re-elected.  An incumbent president had to wait for another two terms to run for President again before the 1999 constitution was put in place.  The President has a wide array of powers, such as complete control of foreign policy, spending outside the budget, and declaring a state of emergency where he can suspend constitutional guarantees.  The only check to these powers comes from the ministers that the President appoints at the beginning of this term, who can also be removed at any time by the President without approval from Congress.  The president can choose the size of his cabinet, which has ranged between 13 to 26 ministers since 1961.  The regulations that the President and his ministers implement are not balanced by either Congressional approval or Judicial Review.  The checks and balances to the President’s power derive from internal party politics, and don't seem to be functioning well under Chavez.  The President’s veto over legislation can be overridden by Congress.  In order to run for president, the candidate must be born in Venezuela, be older than thirty and not be a member of the clergy.  The President may be impeached with the approval of both the Congress and the Supreme Court.

    http://ourworld.compuserve.com/homepages/vei/sect1.htm#bm1_2_2
     


    Legislature

    Venezuela had a bicameral legislature from 1961 to 1999.  The Senate and the Chamber of Deputies formed the Legislature. The legislature under the 1999 consitution consists of only the Chamber of Deputies.  Under the 1961 constitution,  both bodies of the Asemblea National (National Assembly) were elected every five years by party rather than by individual votes.  Members of the legislature could be re-elected each term.  The party caucus (fraccion) decided within the party who would beThe Capital on the ballot.  The president of the Senate was the President of the National Assembly and the President of the Chamber of Deputies was the Vice-President of  the National Assembly.  Among the various committees of Congress, the Delegated Committee is interesting because it is comprised of the President, the Vice-President and certain members of congress who function while congress is not in session.

    The main power of the legislature is to introduce and approve bills.  Interestingly enough, the Senate included former Presidents.  Candidates for the Senate and Chamber of Deputies (Diputados)  must be born in Venezuela with Senate candidates being at least 30 and Diputados being at least 21.

    More sources on the legislature:
    http://www.sail.gov.ve/espanol/homecongreso.html
    Legislature
    Current legislation
     
     

    The Judiciary

    Shield   As of 1945, all courts in Venezuela have been Federal Courts.  The different states do not have their own laws, rather federal law is applied at all times.  The Judiciary has much less power than either the Executive or the Legislative branch of government, but can introduce legislation.  There are no state courts and the same federal law is applied uniformly to all of the different states.



    General information on the Judiciary
    Venezuelan Judiciary

     The Supreme Court

     This judicial body is the highest level of Venezuelan courts and it is divided into three sections: political/administrative matters, civil matters, and criminal matters. The political/ administrative section is where the traditional judicial review takes place, as they review administrative action.  The Supreme court reviews the whether a law is constitutional, whether administrative acts are legal and whether lower court decisions are legal. Recently, in May 2000, the supreme court stopped the general elections that the new constitution required, however, the elections did take place in July of 2000. The Court is comprised of 15 Justices who are elected by the Congress for nine year terms, with each Justice limited to one term.
    The supreme court
    Supreme Court Cases

     Federal Courts

     Under the Supreme Court, there are 17 judicial districts, each having a superior court.  The superior courts have one or three judges and are appellate courts for the courts of first instance or trial courts in both civil or criminal law.  The courts of first instance, district courts and municipal courts have one judge. The courts of first instance have jurisdiction over civil, mercantile, criminal, finance, transit, labor and juvenile matters. District courts have jurisdiction over bankruptcy and boundary cases.  Municipal courts have jurisdiction over small claims, minor crimes, and perform marriages as well.  Below the courts of first instance are “instruction judges”. The instruction judges do not preside over a court, but oversee investigations to determine if a case should go to the courts of first instance and they also issue arrest warrants.  The ministry of Justice has courts of special jurisdiction such as Military tribunals, fiscal tribunals and juvenile courts.  The Supreme Court is the highest level of appeal for these courts as well.  Most cases are only allowed to be appealed one time but cannot be heard by more than one level of courts.
     
     

     Becoming a Judge

     The Minister of Justice (who is appointed by the President) appoints judges to lower courts.  Judges do not have life tenure and their salaries are set by each administration within the budget.  This seems to make the judiciary  dependant on the executive branch for survival and also erodes some of their independence to be a check or balance for the president.  In spite of this percieved dependence on the Executive branch, the judiciary is supposed to be autonomous under the Constitution.  Corrupt judges are one of President Chavez's platforms - he had suspended the supreme court and fired many othe judges apointed because he feel that they do not represent the interests of the people.

    In general, the people of Venezuela do not seem to feel that their court system is fair and do not have a strong belief in their justice system.  This widespread attitude about the government and the justice system is probably why there was not too much concern about the judicial removal that has taken place under the current administration.  In fact, a popular saying is:
    "For my friends - everything. For people who are unknown to me - nothing. For my enemies - the law."

     Judicial Review

     A judge on any level may declare a law unconstitutional. However,  the Supreme Court can only void any laws they believe are unconstitutional if they are administrative actions.  The concept of Judicial Review does not extend to the actions of the President, making this part of the judicial system a weak check in the balance of power structure.

    Baumster and Brewer - Venezuelan Legal System

    Civil Code
    Venezuela’s justice system is based on a codes, making it civil law country. The judges base their decisions on the codes and if there is no provision in the civil code, then the court may use an analogy or principles of law to determine the case.
    The Courts are regulated by the Organic Law of the Judiciary of 1987.

    Other codes that govern the Venezuelan legal system are:
    Civil Code of 1982 (CC) – this was enacted in 1862, reformed in 1881, 1922, and 1942
    Commerical Code 1955 (Comm.C)
    Criminal Code 1964 (PC)
    Code of Criminal Procedure 1962 (CCrimProc)
    Code of Civil Procedure 1986 (CCProc)
    Code of Military Justice 1967
    Organic Code of Taxation 1994

    For a listing of links to the codes:
    http://comunidad.derecho.org/pantin/legis.html
    http://www.cajpe.org.pe/rij/bases/legisla/venezuel/legiprve.htm
     
     




    Human Rights
    Recently, Human Rights have been violated in Venezuela more than in the past 50 years.  During protests against Hugo Chavez, the government open-fired into the crowd and killed many protesters.  During the protests, the government detained and searched many houses with out basic due process, according to Human Rights Watch .  During the floods that ravaged Venezuela in December 1999, the National Guard was held responsible for execution-style killings of more than 60 people. Under this administration, some people have also “disappeared” after being detained by government agents.  In comparison to neighboring countries, Venzuela has a fairly clean human rights record, although this could easily be set aside if the present regime continues to systematically violate human rights.

    For more about human rights abuses,
    Inter-american Court of Human Rights
    Human Rights  (spanish)
    Amnesty International - Venezuela (spanish)
    Human Rights Watch information
    Listing of Articles about Human Rights Abuses in Venzuela
     
     



    International Relations
    The current regime is cultivating ties with countries who have anti-U.S. policy.  In 2000, Chavez was the first foreign Head of State to visit Iraq since the Gulf war and visited Gadhafi of Libya .  He has also welcomed Cuban President Fidel Castro to Venezuela and visited the Cuban leader as well, ensuring that Cuba will still receive Venezuelan oil at reduced prices.

    Chavez has spoken against Venezuela’s role in the Summit of the America initiatives and opposes the Free Trade Area of the  Americas.  Chavez is also antagonizing the Colombian government by reportedly supporting the guerrilla movement.  Venezuela belongs to the Organization of American States, the United Nations, the International Monetary Fund, and was a founding member of the Organization of Petrolium Exporting Countries. The CIA world fact book lists these other organizations of which Venezuela is a member:



    CAN, Caricom (observer), CCC, CDB, ECLAC, FAO, G- 3, G-11, G-15, G-19, G-24, G-77, IADB, IAEA, IBRD, ICAO, ICC, ICFTU, ICRM, IFAD, IFC, IFRCS, IHO, ILO, IMF, IMO, Intelsat, Interpol, IOC, IOM, ISO, ITU, LAES, LAIA, NAM, OAS, OPANAL, OPCW, OPEC, PCA, RG, UN, UNCTAD, UNESCO, UNHCR, UNIDO, UNIKOM, UNU, UPU, WCL, WFTU, WHO, WIPO, WMO, WToO, WtrO

    The rest of Latin American leaders may not approve of Chavez's actions, however, it seems that they are relieved that he is back in power because he was officially elected by the majority of the people. By supporting any coup attempt in the region that did not have an imediate protest from the US, it is possible that some governments may fear that their own citzens may take to the streets and revolt against them - especially after the weak U.S. reaction in the two days during the coup attempt.
    South American governments relieved after Chavez returned to power
    Latin Leaders Denounce Chavez Ouster

    In terms of the U.S., Chavez has stopped just short of officially saying the the U.S. played a  major role in his ouster, however, the U.S. denies that they had a hand in the coup.  U.S – Venezuela relations have been turbulent ever since President Chavez took power.  U.S. officials did not endorse the coup, but were in contact with the opposition leaders who took over for two days. Interestingly enough, the first countries to recognize Carmona as the new President of Venzuela were the U.S and the U.K.  The first countries to congratulate Chavez on his return were Cuba, Iraq and Iran.
    U.S. State department statement on coup attempt:
    U.S. Embassy in Venezuela statement on coup attempt
     

    Related Links to Venezuela's International Relations:
    Organization of American States
    Venezuelan Ministry of Foreign Relations
    Embassy of Venezuela in Washington D.C
    Andean Community
    Carribean Community
    MERCOSUR
     
     


    Angel Falls - the tallest waterfall in the world is located in Venezuela



    For more information on the Venzuelan Legal System:
    Venezuelan Legal Topics
    Law Library of Congress - Venezuela
    Listing of  Venezuelan legal topics
    Extensive listing of topics relating to Venezuela
    UofM listing of Venezuelan topics
    UBC library listing of Venzuela topics