21 julho 2009

Sobre a Inconstitucionalidade do Estatuto

As recentes notícias dizem aquilo que já se esperava, o novo Estatuto Político Administrativo dos Açores vai ser chumbado pelo Tribunal Constitucional. Além de dar razão ao Presidente da Republica (sendo assim, mais um prego no caixão do actual Governo de Sócrates), esta notícia dá também razão a todos que mostraram reservas em relação ao Estatuto na votação da Assembleia da Republica. Efectivamente, quem manifestou dúvidas quanto à constitucionalidade do diploma, tinha razões para isso. A bancada parlamentar do PSD que se absteve estava apenas a defender a CRP, não estava a ser anti-autonomista. Ao contrário de outros artigos, esses sim, importantes para a nossa Autonomia, o artigo da discórdia deveria ter sido deixado cair, pois trata de um assunto (dissolução da Assembleia Legislativa Regional dos Açores) que na História da Autonomia nunca teve aplicação. Se a questão tivesse sido conduzida tendo os interesses dos Açorianos como única prioridade, nunca estaríamos a passar por isto. A questão que pode e deve ser levantada é sobre a própria CRP.

Ao contrário das opiniões expressas por Vital Moreira contra as Autonomias, a abstenção na aprovação do Estatuto, demonstrou apenas dúvidas quanto à constitucionalidade que agora se confirmam.

55 comentários:

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Rui não creio que valha a pena referir o PSD como representante das boas maneiras em todo este processo, quando foi marca da secção regional ( e a que interessa mais para a questão) uma atitude de dupla-cara,para que pudesse, no futuro, distorcer o seu papel de modo a que possa render o máximo de soundbytes . Aliás a atitude da lider foi reflexo dissso mesmo : http://tv1.rtp.pt/noticias/?article=68123&visual=3&layout=10 .
Tudo isto foi um jogo desde o inicio entre PS e PSD com um fim amplamente anunciado, tal como os seus derrotados - a credibilidade dos agentes em causa ( coisa "sobrevalorizada" neste sector de pequena-politica) e nós

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Rui,

este Estatuto já está desactualizado. Agora já todos olham para as propostas de Alberto João Jardim.

Se o nosso Estatuto Politico Administrativo fere a CRP, o proposto por AJJ vai provocar uma reviravolta na relação e autonomia administrativa, entre O Terreiro do Paço e as Regiões autónomas e a necessidade de rever mais do que um artigo da CRP.

Vamos ver para onde vamos....se atrás da madeira, se nos contentamos com o que conquistamos com este Estatuto, agora, em vias de ser chumbado.

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Henrique,

Os jogos político-partidários pouca importancia terão neste contexto. O que fica para a posteridade são ataques aos deputados do PSD por terem feito aquilo que todos os representantes políticos eleitos devem fazer, respeitar e fazer cumprir a CRP. Quando na campanha eleitoral às Europeias se demonstrou claramente que Vital Moreira é anti-autonomista, surgiram tentativas de mostrar Paulo Rangel como anti-autonomista também, apenas porque solicitou a fiscalização sucessiva ao TC. Parece-me apenas justo fazer agora este reconhecimento.

Parece que agora é momento de revisão constitucional, pois se as votações nas duas câmaras (ALRAA e AR) mostraram claramente qual a vontade do povo, por interposto, e essa vontade é incostitucional, o lado a ceder é o da CRP.

Mais devo dizer que escrevi este texto ontem. Não o publiquei porque assuntos do foro interno do blogue assim me fizeram decidir. Hoje, porém, li dois textos no Açoriano Oriental e no Correio dos Açores que mostram os seus autores muito indignados com o facto do TC ter feito o seu trabalho. Até parece, portanto, que quem se atrever a não concordar com o actual Estatuto é anti-autonomia, quando na verdade não é assim. Não sendo o meu caso, pode-se ser perfeitamente não concordar com este Estatuto e acreditar-se no modelo autonómico. Mais, pode-se perfeitamente (e este é o meu caso) acreditar que o Estatuto é incostitucional e ser autonomista. Como disse, o problema está na CRP. Há que progredir agora.

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