Debes leer esto ¿Qué es la cuestión de confianza y qué podría pasar?

416
1994

El presidente presentará una cuestión de confianza al Congreso sustentada en cinco iniciativas de ley que forman parte de la reforma política. El rechazo produce la crisis total de gabinete.

El presidente Martín Vizcarra anunció la tarde del miércoles que presentará un pedido de cuestión de confianza al Congreso de la República en torno a la política de Estado de fortalecimiento institucional y lucha contra la corrupción, plasmados en cinco proyectos de ley que forman parte de la Reforma Política presentados por el Poder Ejecutivo. 

Esto ocurre, luego de que, semanas atrás, se archivara en la Comisión de Constitución el proyecto que proponía que la Corte Suprema decidiera levantar la inmunidad parlamentaria y no el Congreso.

¿Qué es la cuestión de confianza?

La cuestión de confianza es una herramienta política de contrapeso de poderes regulado en los artículos 130, 131, 132, 133 y 134 de la Constitución. Fue introducida en la Constitución de 1933 y reforzada en la de 1979, tras numerosas censuras a ministros en el primer gobierno de Fernando Belaúnde. Puede plantearla el primer ministro, en representación del gabinete o de un ministro (artículo 86 Reglamento del Congreso). Esta se presenta en sesión del Pleno del Congreso. 

“Artículo 133. El Presidente del Consejo de Ministros puede plantear ante el Congreso una cuestión de confianza a nombre del Consejo. Si la confianza le es rehusada, o si es censurado, o si renuncia o es removido por el Presidente de la República, se produce la crisis total del gabinete”

La medida puede presentarse de manera obligatoria o facultativa. Según el artículo 130, la primera se da 30 días después de haber asumido sus funciones cuando el presidente va al congreso con los demás ministros a exponer y debatir la política general del gobierno y las medidas que requiere su gestión. Pero también está la facultativa, que puede ser presentada por el premier en cualquier momento sobre una determinada política estatal (art.133). 

La cuestión de confianza es la otra cara de la moción de censura (rechazo de la confianza): la primera la plantea el gabinete; la segunda la vota el Congreso.

  1. ¿Sobre qué se presenta?
    La cuestión de confianza busca el respaldo del Legislativo -bajo responsabilidad política de los ministros- de una política, un programa de gobierno, un proyecto de ley. Según el Tribunal Constitucional (TC), la cuestión de confianza “ha sido regulada en la Constitución de manera abierta, con la clara finalidad de brindar al Poder Ejecutivo un amplio campo de posibilidades en busca de respaldo político por parte del Congreso, para llevar a cabo las políticas que su gestión requiera.” 

Esto fue aclarado en la sentencia de acción de inconstitucionalidad de setiembre de 2018, ante la consulta de un grupo de congresistas sobre si podía hacerse la cuestión de confianza para aprobar una ley o un procedimiento de control político. A criterio del tribunal, sostener que no procede frente a tales supuestos es inconstitucional.

  1. ¿Qué pasa si se aprueba?
    La aprobación de la cuestión de confianza genera el respaldo del Congreso sobre dicha política de Estado. Según el constitucionalista Aníbal Quiroga, si esto ocurre, el Parlamento no estaría vinculado jurídicamente a las iniciativas del Ejecutivo. “No hay ninguna norma que lo asegura. En ese caso, no hay crisis [de gabinete] y el Congreso sigue trabajando”, señala. 

Agrega que los congresistas podrían decir que están comprometidos con la reforma política y la lucha anticorrupción, pero que van a corregir sus propuestas. “No se van a hacer Harakiri, ellos dirán ‘toma tu confianza’, pero yo soy el que decido y no pasa absolutamente nada”, sostiene.

La constitucionalista Gabriela Oporto, por su parte, señala que aprobar la cuestión de confianza exige un compromiso del Congreso de impulsar las iniciativas de la Reforma Política. “Puede hacer ajustes o modificaciones, pero no desnaturalizar la esencia de lo que se plantea; el Parlamento tiene un margen de actuación con límites”, señala. Agrega que corresponde revaluar las iniciativas del Ejecutivo.

En declaraciones a este diario, el congresista Alberto Quintanilla señaló que ha presentado un recurso de reconsideración frente al archivo del proyecto de inmunidad parlamentaria. “Aún no se ha votado, pero en este caso habría dos opciones: o se vota la reconsideración, o el Ejecutivo presenta un nuevo proyecto de ley que puede ser discutido en esta o en otra legislatura”, señala.

  1. ¿Qué sucede si se rechaza la cuestión de confianza?
    El rechazo de la confianza genera la “crisis total de gabinete”, lo que implica la renuncia de todos los ministros. Si se trata de la segunda vez, da al presidente la facultad -puede, no es obligatorio-, de disolver el Congreso y convocar a nuevas elecciones dentro de los cuatro meses siguientes (artículo 134).

Durante este período, el presidente legisla mediante decreto de urgencia, dando cuenta a la Comisión Permanente del Congreso que se mantiene en funciones. El cierre no procede en el último año de su mandato.

En este caso, para que se active el supuesto de la disolución, el Ejecutivo tendría que interpretar que el primer rechazo a la cuestión de confianza se dio al gabinete de Fernando Zavala, pese a que el presidente era Pedro Pablo Kuczynski y no Martín Vizcarra. Esta postura es defendida por el ex presidente del TC, César Landa, quien declaró a El Comercio que “la Constitución no habla del presidente sino del gobierno y los gobiernos duran cinco años”.

 Coincide con esta interpretación Oporto, para quien las reglas de la Carta Magna rigen dentro de un mismo periodo presidencial y congresal de cinco años. “No es esta una nueva elección presidencial, y Vizcarra estaba en la plancha presidencial”, señala.

Por su parte, Quiroga sostiene que el gabinete Zavala no sería la primera negativa de confianza. “El presidente puede disolver el Congreso cuando este le niega la confianza dos veces a los gabinetes que ha nombrado”, señala.

Considera que el gabinete, encabezado por Salvador del Solar, sería el primero nombrado por Vizcarra, cuya confianza ha sido rechazada (Fernando Zavala fue designado por Kuczynski). 

“En los últimos 50 años, solo ha habido dos cierres del Congreso. Es muy complicado que ocurra, más aún si es en base a una interpretación que es discutible. Está jugando con fuego el presidente Vizcarra”, agrega.

 

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