In the division of the vote, the Third Chamber of the Supreme Court upheld the decision of the Court of Appeal and ruled in favor of the removed subcontractor. The verdict weakens the head of the supervisory body, forcing him to work alongside a lawyer who removed him precisely because of a "loss of confidence" and with whom he faced courtly, in a process hyperventilated by the media. The defense of Peres celebrated the resolution: "From the very beginning, we said that the operation of the controller of the Republic was arbitrary and illegal," said lawyer Ciro Kolumara. [ACTUALIZADA]
The Third Chamber of the Supreme Court resolved the dispute at the Controller's Office, inflicting a major blow on Jorge Bermudez, when he ruled in favor of the return of removed Dorothy Perez.
In a split vote, the court decided to confirm the decision of the Court of Appeal – which was favorable to the subcontractor when accepting his appeal for protection and considered "illegal and arbitrary" the actions of the head of the supervisory body.
The decision of the highest court in favor of Perez was adopted by a vote against ministers Sergio Muniez and Maria Eugenia Sandoval G. while in favor of Perez spoke. Carlos Aranguiz Z., Arturo Prado and Ángela Vivanco.
During the process, Bermudez's defense – taken over by the State Council of Defense – tried to dismiss the arguments of fired Dorothy Perez in her appeal for protection, noting that the lawyer tried to "take a life position" and sought a mandate.
However, the CDE and Bermudes approach was not accepted by the Third Chamber of the Supreme Court, which gave the whole reason for the defense of Perez.
"In response to the rationale, without legal support for support, since Subcontroller is not in charge of free removal for the sake of trust, the procedure of the highest authority of the Chief Controller of the Republic, contained in Resolution No. 21 of 22 August 2018, is contrary to the legal norms which are mentioned and are currently in force, in particular with Article 4 of Law No. 10,336, for which it is appropriate to accept the appeal, to protect the fundamental rights of a recruiter, "the resolution says.
The resolution also cites the words of former President Patricio Ayvil Azoocar in his book Administrative Law since 1962, which notes that "a controller with a subcontroller enjoys the incompetence of the judges of the superior courts of justice, a pre-trial of amovilidad under the Organic Code of courts ", confirming the work begun by Perez's defense.
"It's an immediate reimbursement of the subcontractor"
During the reactions, Ciro Columara, a lawyer for Dorothy Perez, said he was "very pleased" with the resolution. "From the very beginning, we said that the actions of the controller of the Republic were arbitrary and illegal," he said.
The lawyer added that it was "urgent compensation to the subcontractor" and "failure must be met in a full and timely manner," he told Radio Cooperative.
A weakened controller
The decision of the Supreme Court leaves Bermuda in a terrible form, as it will force the press to hold "coercive coexistence" with Perez, whom he has removed from his duties, arguing that "a loss of confidence".
In addition, the subcontractor will return to an agency in the hurricane's eye and sharply dispersed with a controversial process, even hyperventilated by the media, where a complete cessation of relations between its two main organs was confirmed.
A question that also left in the uncertainty of the Supreme Court's decision is what will happen to Maria Soledad Freund, the lawyer whom Bermuda has installed as a subcontractor after Perez's removal. In any case, as the same controller later explained, Frindt will return to the post of head of the public finance committee of the institution. At the same time, he stressed that the acts and documents signed by Frindt during his term as a subcontractor are of utmost importance.