In the parcel of votes, the Third Chamber of the Supreme Court upheld the decision of the Appellate Court and made the decision in favor of the removed co-operative. The sentence weakens the supervisor's boss by forcing him to work in co-operation with a lawyer he has removed just because of the "loss of trust" he faced courting in a process that is hyperventilated by the media. The defense of Peres celebrated the resolution: "From the beginning we have said that the actions of the rival of the Republic were arbitrary and unlawful," said Ciro Colombar's lawyer. [ACTUALIZADA]
The Third Chamber of the Supreme Court settled the dispute in the Controller's Office, and Jorge Bermúdet was hit hard when he decided to re-establish Dorothy Pérez.
In a partial vote, the court decided to confirm the decision of the Appellate Court – which was favorable for the subcontractors when accepting their appeal for protection – and considered it as "unlawful and arbitrary" procedures of the supervisory boss.
The decision of the Supreme Court in favor of Perez was adopted by a vote against Ministers Sergiu Muñoz and María Eugenia Sandoval, while they spoke to Pérez. Carlos Arganguiz Z., Arturo Prado and Ángela Vivanco.
During the process, Bermúdesa's defense, which was taken over by the State Defense Council, has been trying to reject arguments rejected by Dorothy Pérez in his defense appeal, pointing out that the lawyer was trying to "maintain a living position" and seek a mandate,
However, access to the Third Chamber of the Supreme Court did not accept the access of CDE and Bermúdeza, which is all the reasons for the defense of Pérez.
"In response to the explanation, without any legal support for Subcontrol's responsibility for free removal due to reasons of trust, the highest authority of the Chief Control Officer of the Republic, contained in Resolution No. 21 of 22 August 2018, is contrary to legal norms and in particular Article 4 of Law No. 10.336, for which the appeal is in the affirmative, protecting the fundamental rights of the person to be sought, "says the resolution.
The resolution also mentions the words of former President Patricia Aylvin Azócar in the 1962 Administrative Law, in which he noted that "the Controller with the Sub-Comptroller enjoyed insurmountable access to the judges of the Magistrates of Supreme Courts of Justice, the previous trial of the amovilidade according to the Organic Code of Courts" has verified the raised defense of Peres.
"It is the subcontractor's fee immediately"
At the time of the reaction, Ciro Colombara, lawyer Dorothy Perez, stated that the resolution was "very pleased". "From the very beginning we said that the procedures of the controllers of the Republic were arbitrary and illegal," he said.
The lawyer added that "the immediate compensation of the co-operative" and "the failure must be fully and timely fulfilled," Radio Cooperativa said.
The Supreme Court's decision leaves Bermúdes in a terrible form because he will force him into newspapers to maintain "coercive coexistence" with Pérez, who has been separated from his duties, claiming "loss of trust".
In addition, the subcontractor will return to the agency that was in the eye of a hurricane and was harshly interwoven by a controversial process, even hyperventilated by the media, where a complete fracture of the relationship between the two main powers was proven.
The question that has left the uncertainty of the Supreme decision is what will happen to María Soledad Frindt, a lawyer who Bermúdez set up as a subcontractor after removing Pérez. In any case, as he explained, Frindt will return to the post of head of the public finance committee of the institution. At the same time he emphasized that the acts and documents signed by Frindt during his mandate as subcontractors are fully valid.