*
Scope and Use
This entry forms part of the constitutional corpus presented in the Appendix, comprising the constitutions of Venezuela organized for consultation rather than sequential reading. Comparison proceeds through permanent rubric codes whose identities remain constant throughout the corpus; absent rubrics signify constitutional silence, while retired rubrics are not reassigned. Citations are anchored first on the article number and follow the CIDEP recension linked at the close of the entry. The corpus definition, editorial methodology, and citation convention are set forth in the Scope and Use note introducing the nineteenth-century constitutions in Unmasking Disappointment: Series XI.
17) The Constitution of 1928
The 1928 Constitución de los Estados Unidos de Venezuela [Constitution of the United States of Venezuela], dated 22 May 1928 at the Palacio Federal Legislativo [Federal Legislative Palace], Caracas, was ordered executed at the Palacio Federal [Federal Palace], Caracas, on 23 May 1928 by President Juan Vicente Gómez. (CIDEP 1928, p. 23, closing and execution formulas).
DOC-PRE—Preamble
(modern Latinate English translation by the author from the CIDEP recension)
“The Congress of the United States of Venezuela, in the name of Almighty God, and in exercise of the authority conferred upon it by Article 133 of the Federal Pact in force, decrees the present Constitution.”
(CIDEP 1928, p. 3, preamble).
FND-TER—Territory
The Nación Venezolana [Venezuelan Nation] consists of all Venezuelans united in a political pact under the name Estados Unidos de Venezuela [United States of Venezuela]; it is permanently and irrevocably free and independent of foreign domination or protection. The territory is that belonging to the Capitanía General de Venezuela [Captaincy General of Venezuela] before the political transformation of 1810, with modifications resulting from treaties. No part may be ceded, transferred, leased or otherwise alienated to a foreign power, even temporarily. (Arts. 1–2; cont., 1925, Arts. 1–2).
The national territory is divided into Estados [States], the Distrito Federal [Federal District], Territorios Federales [Federal Territories] and Dependencias Federales [Federal Dependencies]. The twenty Estados [States] are Anzoátegui, Apure, Aragua, Bolívar, Carabobo, Cojedes, Falcón, Guárico, Lara, Mérida, Miranda, Monagas, Nueva Esparta, Portuguesa, Sucre, Táchira, Trujillo, Yaracuy, Zamora and Zulia. (Arts. 3–4; cont., 1925, Arts. 3–4).
State boundaries follow the provincial boundaries established by the Law of 28 April 1856, subject to the creation of the Distrito Federal [Federal District], Territorios Federales [Federal Territories] and Dependencias Federales [Federal Dependencies], the Constitution of 5 August 1909 and the 1917 agreement between Aragua and Carabobo. Neighbouring Estados [States] may alter their common boundary through agreements approved by their respective legislatures, including reciprocal territorial compensation or cession. (Art. 5; cont., 1925, Art. 5).
The Distrito Federal [Federal District] comprises the departments Libertador and Vargas. The text places Caracas and the outlying parishes El Recreo, El Valle, La Vega, Antímano, Macarao and Macuto in Libertador. A special law organizes the district and determines its municipal powers so that federal political action is not obstructed. (Art. 6; cont., 1925, Art. 6).
Caracas is the capital and seat of federal government, subject to Art. 100, powers 24(b) and 25. (Art. 7; cont., 1925, Art. 7).
Amazonas and Delta Amacuro are Territorios Federales [Federal Territories], organized by special laws. Their boundaries, and those of the Distrito Federal [Federal District] with neighbouring Estados [States], may be modified by agreements concluded by the Poder Ejecutivo Federal [Federal Executive Power] and the respective state governments and approved by the Congreso [Congress] and the respective Asambleas Legislativas [Legislative Assemblies]. (Art. 8; cont., 1925, Art. 8).
A Territorio Federal [Federal Territory] may become a Estado [State] upon attaining the population required for one deputy and proving to the Congreso [Congress] that it can maintain every branch of public service and meet the necessary expenditure. (Art. 9; cont., 1925, Art. 9).
The Dependencias Federales [Federal Dependencies] comprise the Venezuelan islands in the Caribbean Sea except Margarita and Coche, which constitute Nueva Esparta. Their government and administration belong directly to the executive until the law elevates them to the category of Territorios Federales [Federal Territories]. (Art. 10; cf. 1925, Art. 10: “except the island of Margarita, which constitutes the Estado [State] of Nueva Esparta”).
The Corte Federal y de Casación [Federal and Cassation Court] decides boundary disputes between Estados [States], and those arising between them and the Distrito Federal [Federal District] or Territorios Federales [Federal Territories], through the procedure prescribed by law. (Art. 11; cf. 1925, Art. 11: “Existing disputes between the Estados [States] concerning their boundaries, and those subsequently arising from the same cause”).
POW-LEG—Congress
The Poder Legislativo [Legislative Power] is exercised by the Congreso de los Estados Unidos de Venezuela [Congress of the United States of Venezuela], consisting of the Cámara de Diputados [Chamber of Deputies] and Cámara del Senado [Senate]. Both Diputados [Deputies] and Senadores [Senators] serve three-year terms. (Art. 55; cf. 1925, Art. 55: “composed of two Chambers, one of Diputados [Deputies] and the other of Senadores [Senators]”).
Each Estado [State] elects Diputados [Deputies] directly under its Ley de Elecciones [Electoral Law], one per 35,000 inhabitants and one additional deputy for an excess of 15,000. A Estado [State] with fewer than 35,000 inhabitants elects one deputy. An equal number of Suplentes [Alternates] is elected to fill vacancies in the order of election. (Art. 56; cont., 1925, Art. 56).
The Diputados [Deputies] serve three years and are renewed in their entirety. (Art. 56, final paragraph; cont., 1925, Art. 56, final paragraph).
A deputy must be Venezuelan by birth and have completed twenty-one years of age. The Distrito Federal [Federal District] and Territorios Federales [Federal Territories] attaining the prescribed population elect Diputados [Deputies] directly under the formalities fixed by law. The population basis excludes indígenas no reducidos [unreduced Indigenous people]. (Arts. 57–58; cont., 1925, Arts. 57–58).
The Cámara de Diputados [Chamber of Deputies] may give a voto de censura [vote of censure] to Ministros del Despacho [Cabinet Ministers] whose acts it considers to warrant it. The Presidente de la República [President of the Republic] is not obliged to remove them until the Corte Federal y de Casación [Federal and Cassation Court] declares that legal grounds exist for putting them on trial. Other powers may be assigned by law. (Art. 59; cont., 1925, Art. 59).
Each state Asamblea Legislativa [Legislative Assembly] elects, from outside its own membership, two principal Senadores [Senators] and two Suplentes [Alternates], the latter filling vacancies in election order. A senator must be Venezuelan by birth and over thirty years of age. (Arts. 60–61; cont., 1925, Arts. 60–61).
Art. 60 ends with the order for filling vacancies. The senatorial term is stated in Art. 55. (Arts. 55, 60; cf. 1925, Art. 60: “The Senadores [Senators] shall serve for three years and shall be renewed in their entirety.”).
The Cámara del Senado [Senate] may authorize the transfer of the remains of illustrious Venezuelans to the Panteón Nacional [National Pantheon] after twenty-five years from their death; consent to national officials accepting gifts, offices, honours or rewards from foreign governments; and consent to military promotions from Coronel [Colonel] and naval promotions from Capitán de Navío [Naval Captain], inclusive. (Art. 62(1–3); cont., 1925, Art. 62(1–3)).
The Cámara del Senado [Senate] also has the powers assigned to it by law. (Art. 62(4); cont., 1925, Art. 62(4)).
The Cámaras Legislativas [Legislative Chambers] meet annually in the capital on 19 April or the nearest possible day, without prior convocation. Ordinary sessions last ninety days and cannot be extended; every day and hour within that period is available for ordinary sessions. Extraordinary sessions convened by the executive address the matters specified in the convocation and connected legislation requiring amendment. (Art. 63; cont., 1925, Art. 63).
Opening sessions require two-thirds of the membership; those present without that number form a Comisión Preparatoria [Preparatory Commission] and take measures to secure attendance. Subsequent sessions require an absolute majority. Sessions are public unless the respective Chamber resolves that they shall be secret. (Arts. 64–65; cont., 1925, Arts. 64–65).
Each Chamber adopts its Reglamento Interior y de Debates [Rules of Internal Procedure and Debate], disciplines infringements, controls order in its building, corrects or punishes disorderly spectators, removes impediments to its lawful functions, executes its exclusive resolutions, determines the qualifications of its members and receives their resignations. Both Chambers sit in the same town and open and close sessions on the same day and hour; suspension or relocation requires the other Chamber’s consent, with disagreements decided in joint session. (Arts. 66–67; cont., 1925, Arts. 66–67).
During sessions, any public office is incompatible with membership of either Chamber. Remuneration is fixed by law and may be increased only for the following term. (Arts. 68–69; cont., 1925, Arts. 68–69).
Legislative inmunidad [immunity] runs from thirty days before 19 April until thirty days after the close of sessions. Members cannot be imprisoned, arrested, confined, detained or obstructed in their functions, even upon committing an offence during that period. Where the alleged offence carries a pena corporal [penalty restricting personal liberty], the sumario [preliminary criminal investigation] is stayed during immunity, while investigative steps continue. Members need not answer claims, take oaths or answer judicial interrogatories during the same period, which is excluded from procedural time limits. The Chambers cannot waive this immunity. (Art. 70; cont., 1925, Art. 70).
Art. 70(1) states the exclusion of Art. 32(15)(c) with the qualification “with respect to the duration of the sumario [preliminary criminal investigation]”. (Art. 70(1); cf. 1925, Art. 70(1): “without the provision contained in letter c), guarantee 15, Article 32 of this Constitution applying in this case”).
Members are not responsible for opinions expressed in their Chambers. They cannot make contracts with the Ejecutivo Federal [Federal Executive] on their own or another’s behalf, or pursue others’ claims before it. (Arts. 71–72; cont., 1925, Arts. 71–72).
When the list of senatorial Suplentes [Alternates] is exhausted or reduced by death or another permanent vacancy, the respective Asamblea Legislativa [Legislative Assembly] fills it for the remainder of the legislative term. State constitutions and the Ley Orgánica del Distrito Federal [Organic Law of the Federal District] determine how vacancies in the Cámara de Diputados [Chamber of Deputies] are filled. (Art. 73; cf. 1925, Art. 73: “for the remainder of the replaced member’s or members’ term”).
The Chambers act separately but sit jointly when the Constitution or laws require it, or when one invites the other and the latter agrees and fixes the meeting time. Their separate acts as co-legislators are Leyes [Laws]; acts adopted jointly, or separately on matters exclusive to one Chamber, are Acuerdos [Resolutions]. The presiding officer of the Cámara del Senado [Senate] presides over the Congreso [Congress], and that of the Cámara de Diputados [Chamber of Deputies] serves as its vice-president. (Arts. 74–76; cont., 1925, Arts. 74–76).
In joint session the Congreso [Congress] conducts the elections assigned to it, receives the resignation of the Presidente de la República [President of the Republic], examines the annual Mensaje [Message], approves or disapproves ministerial Memorias y Cuentas [Reports and Accounts], admits qualifying Territorios Federales [Federal Territories] as Estados [States], and examines Créditos Adicionales [Additional Appropriations] for compliance with the constitutional procedure. (Art. 77; cont., 1925, Art. 77).
As co-legislators the Chambers decree national taxes and loans, regulate national debt, create and suppress national offices, legislate on federal administration and currency, and authorize the disposal of nationally owned immovable property. Compulsory circulation of banknotes or any paper representation of value is prohibited, and the patrón de oro [gold standard] must be maintained. Weights and measures follow the metric decimal system. (Art. 78(1–4, 7–8); cont., 1925, Art. 78(1–4, 7–8)).
Treaties and diplomatic conventions require legislative approval before ratification or exchange. The approving law receives the Ejecútese [Let it be executed] only when the other party’s acceptance is established; official publication follows ratification and exchange. Contracts for railways, aerial haulage cables, telegraphic or wireless communications, immigration and other authorized matters of national interest require legislative approval. concesiones mineras [mining concessions] and titles to tierras baldías [ungranted public lands] granted under their respective laws are exempt from that approval. (Art. 78(5–6); cont., 1925, Art. 78(5–6)).
The Chambers enact the Ley de Presupuesto General de Rentas y Gastos Públicos [General Revenue and Public Expenditure Budget Law], fixing federal salaries and expenditure for the fiscal year. Outside that law, they cannot order another specified expenditure through a special law or resolution. They examine and approve the Censo Nacional [National Census], prescribe the special administration of Territorios Federales [Federal Territories], and increase the population basis for electing Diputados [Deputies] when the approved census requires it. (Art. 78(9–12); cont., 1925, Art. 78(9–12)).
General laws govern civil pensions, retirement benefits and montepíos militares [military survivors’ pension funds] payable by the Tesoro Nacional [National Treasury]. The budget supplies aggregate appropriations, distributed by the executive through the competent minister under the law. The Chambers decree war, require peace negotiations, legislate on recruitment and replacement of land and sea forces, grant amnistías [amnesties], and legislate on the security of ports and coasts. (Art. 78(13–17); cont., 1925, Art. 78(13–17)).
Legislative powers include the Censo electoral [Electoral Register], Instrucción Pública [Public Instruction], Hacienda Nacional [National Public Finance Administration], air, maritime and river navigation, docks, Correos [Postal Services], Telégrafos [Telegraphs], wireless communications, railways, national roads and motor traffic, tierras baldías [ungranted public lands], salinas [saltworks], pearl fishing and mines, together with the subjects listed in Art. 15(4) and other matters of federal competence. (Art. 78(18–19); cont., 1925, Art. 78(18–19)).
A bill may originate in either Chamber upon presentation by at least three of its members, or through the minister responsible for a proposal from the executive. After admission it receives three discussions separated by at least one day. The other Chamber follows the same procedure and returns any amendments. If disagreement persists after written reasons from the originating Chamber, joint session decides disputed and connected articles by majority vote and may adopt a different wording. (Arts. 79–82; cont., 1925, Arts. 79–82).
Rejected bills cannot be presented again until the following year or later. Bills left pending at the close of sessions require a new presentation and all discussions in a subsequent year. An amending law must reproduce its entire text and repeal the previous law in full; repeal follows the same formalities as enactment. (Arts. 83–84, 86–87; cont., 1925, Arts. 83–84, 86–87).
The legislative formula is the name of the Congreso de los Estados Unidos de Venezuela [Congress of the United States of Venezuela] followed by “Decrees:”. Enacted texts are prepared in duplicate without alterations, signed by the presiding officers and secretaries of the Congreso [Congress], and dated with final approval. One copy goes to the Presidente de la República [President of the Republic] for countersignature with the competent ministers and official publication. Printing errors require corrected republication or a ministerially certified errata notice. (Arts. 85, 88–89; cont., 1925, Arts. 85, 88–89).
A law takes effect on its stated date or, if none is stated, upon official publication. Legislative power cannot be delegated. Legislation is not retroactive except where it imposes a lesser penalty. Procedural laws apply immediately to pending cases; in criminal cases, evidence already taken is assessed under the law in force when it was offered insofar as that benefits the accused. (Arts. 90–92; cont., 1925, Arts. 90–92).
ECO-TES—Treasury
The federal authorities have competence over Aduanas [Customs Houses], import duties and duties on foreign goods passing through to foreign destinations. The Impuesto Territorial [Territorial Tax] remains payable at Aduanas [Customs Houses] until abolished by law and enters the Tesoro Nacional [National Treasury]. Exports are free of tax. Federal revenues include estampillas o timbres fiscales [fiscal stamps or revenue stamps], cigarettes, tobacco, registration, inheritance, matches, spirits, liquors and other taxes established as national taxes by law. (Art. 15(14, 17); cont., 1925, Art. 15(14, 17)).
The Situado Constitucional [Constitutional Revenue Allocation] equals twelve per cent of total revenue, calculated for each fiscal year from receipts in the immediately preceding calendar year and included annually in the national expenditure budget. It is distributed among the Estados [States], Distrito Federal [Federal District] and Territorios Federales [Federal Territories] in proportion to population. (Art. 17(4)(1); cf. 1925, Art. 17(4)(1): “The sum thus fixed shall be distributed among all the Estados [States] in proportion to their population”).
Art. 17(4)(1) states the twelve-per-cent allocation without the initial three-year provision for a fixed annual sum. (Art. 17(4)(1); cf. 1925, Art. 17(4)(1): “in the sum of ten million bolívares per year […] After this Constitution has been in force for three years”).
State revenues also include the tax on papel sellado [stamped paper], consumption taxes and contributions established by their Asambleas Legislativas [Legislative Assemblies]. papel sellado [stamped paper] cannot be demanded for assessment or payment of national taxes, or used to collect prohibited contributions. Estados [States] cannot create Aduanas [Customs Houses], levy import or export duties, tax foreign goods in transit abroad, invade national or municipal tax subjects, tax interstate transit, tax goods before they are offered for consumption, prohibit consumption of goods from elsewhere, discriminate against such goods, require federal tax officials to collect state taxes, or impose payment in personal labour or its monetary equivalent. (Art. 17(4)(2–3); cont., 1925, Art. 17(4)(2–3)).
Municipal revenue powers carry the restrictions in Art. 17(4)(3). patentes [business licence taxes] on agriculture, livestock raising and the catching of edible fish are prohibited at municipal, state and national levels. Estados [States] and Municipalidades [Municipalities] cannot contract loans abroad. (Arts. 18(3), 24; cont., 1925, Arts. 18(3), 24).
No tax may be collected without legal authorization. Expenditure from the Tesoro Nacional [National Treasury] requires an appropriation in the Ley de Presupuesto General de Rentas y Gastos Públicos [General Revenue and Public Expenditure Budget Law] or a previously decreed Crédito Adicional [Additional Appropriation]. Officials who contravene this rule are civilly liable to the Tesoro Nacional [National Treasury] for the amounts paid. (Art. 48; cf. 1925, Art. 48: “in the Presupuesto General de Gastos Públicos [General Public Expenditure Budget]”).
The Presidente de la República [President of the Republic], in the Consejo de Ministros [Council of Ministers], may decree Créditos Adicionales [Additional Appropriations] when a budget chapter is insufficient or an expense was not foreseen, provided available funds cover them without impairing ordinary expenditure, which takes precedence. The Congreso [Congress] examines compliance with these conditions. Ministers account for funds handled; the minister responsible for national revenues prepares the budget bill in consultation with the others. (Arts. 100(30), 77(6), 109; cont., 1925, Arts. 100(30), 77(6), 109).
Each Estado [State] retains ownership of its salinas [saltworks], tierras baldías [ungranted public lands], their products, ostrales de perlas [pearl-oyster beds] and mines, while administration belongs to the Ejecutivo Federal [Federal Executive]. The resulting revenue, including sales of tierras baldías [ungranted public lands], enters the Tesoro Nacional [National Treasury]. salinas [saltworks] are inalienable. tierras baldías [ungranted public lands] on maritime, river and lake islands cannot be alienated, and their use cannot directly or indirectly transfer ownership. (Art. 15(18); cont., 1925, Art. 15(18)).
concesiones mineras [mining concessions] are temporary. Laws governing the sale, lease or gratuitous grant of tierras baldías [ungranted public lands] must establish a derecho de preferencia [right of preference] for occupants. (Art. 15(18); cf. 1925, Art. 15(18): “that concesiones mineras [mining concessions] shall not be perpetual”).
The occupant-preference clause occurs in Art. 15(18) of the 1928 recension; it does not occur in Art. 15(18) of the 1925 recension.
POW-EXE—Executive
Federal administration not assigned by the Constitution to another authority belongs to the Poder Ejecutivo Federal [Federal Executive Power], exercised by the Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela]. The laws determine the federal employees and agents through whom administration operates; assistance may be required from state governments in constitutionally permitted cases. (Arts. 93–94; cf. 1925, Art. 93: “in conjunction with the Ministros del Despacho [Cabinet Ministers]”).
The Presidente de la República [President of the Republic] must be Venezuelan by birth, over thirty, of estado seglar [lay status] and in possession of all civil and political rights. (Art. 95; cont., 1925, Art. 95).
Arts. 95–99 provide for the Presidente de la República [President of the Republic] and ministerial substitution; they contain no office of Vicepresidente de la República [Vice-President of the Republic]. (Arts. 95–99; cf. 1925, Art. 95: “There shall also be a Vicepresidente de la República [Vice-President of the Republic], who must meet the same conditions required for the President.”).
Within the first fifteen days of its installation in the year beginning the constitutional term, the Congreso [Congress] elects the Presidente de la República [President of the Republic]. The election sitting is fixed at least five days in advance and the notice is officially published. The oath is taken before the Congreso [Congress], or before the Corte Federal y de Casación [Federal and Cassation Court] if circumstances prevent the former. (Arts. 96, 99; cf. 1925, Art. 96: “to elect the Presidente y Vicepresidente de los Estados Unidos de Venezuela [President and Vice-President of the United States of Venezuela]”).
A temporary presidential absence is filled by the Ministro del Despacho [Cabinet Minister] designated by the Presidente de la República [President of the Republic]. Upon a permanent vacancy, the Congreso [Congress] elects a replacement for the remainder of the term. Until that person takes office, the minister already acting continues; if none is acting, the Gabinete [Cabinet] chooses a minister by majority vote. If the Congreso [Congress] is not in ordinary session, the acting minister convenes extraordinary sessions. (Art. 97; cf. 1925, Art. 98: “Temporary and permanent absences of the Presidente de la República [President of the Republic] shall be filled by the Vicepresidente de la República [Vice-President of the Republic]”).
Absence from the capital within national territory is not a temporary absence from office. From any place in the country, the Presidente de la República [President of the Republic] may instruct ministers concerning resolutions to be issued in the capital and receive foreign diplomatic ministers. (Art. 98; cf. 1925, Art. 98: “is not obliged to leave the exercise of office merely through absence from the capital”).
Federal constitutional terms last seven years and are counted from 19 April 1922. Presidential service runs from the oath until 19 April in the year when the term ends. On that date the executive is delivered to a member or alternate of the Corte Federal y de Casación [Federal and Cassation Court] designated by that Court under Art. 120(17), pending the accession of the elected successor. (Arts. 54, 103, 120(17); cf. 1925, Art. 103: “the Presidente de la Corte Federal y de Casación [President of the Federal and Cassation Court] shall take charge of the executive power”).
The Presidente de la República [President of the Republic] appoints and removes Ministros del Despacho [Cabinet Ministers], receives foreign diplomatic ministers, signs official letters to heads of state, administers the Distrito Federal [Federal District] and Territorios Federales [Federal Territories], and may designate a Ministro del Despacho [Cabinet Minister] to exercise the presidency temporarily and resume office during the constitutional term. (Art. 100(1–6); cf. 1925, Art. 100(6): “To call the Vicepresidente de la República [Vice-President of the Republic] to exercise the presidency when he considers it appropriate”).
The Presidente de la República [President of the Republic] orders the Constitution and laws executed and published; issues implementing Decretos [Decrees] and Reglamentos [Regulations] in the Consejo de Ministros [Council of Ministers] without altering the laws’ spirit, purpose or reason; negotiates legislatively authorized loans through the appropriate minister with Gabinete [Cabinet] approval; regulates public or private health, postal, telegraph and telephone services in the Consejo de Ministros [Council of Ministers]; and orders the census and submits it for legislative approval. (Art. 100(7–11); cont., 1925, Art. 100(7–11)).
Through the appropriate ministers, the Presidente de la República [President of the Republic] issues patentes de navegación [navigation licences] and nationality certificates, appoints national officials whose selection belongs to no other official and removes them, and administers national revenues. In the Consejo de Ministros [Council of Ministers], the Presidente de la República [President of the Republic] creates and funds necessary public services during legislative recess. With Gabinete [Cabinet] approval, the Presidente de la República [President of the Republic] orders the Ministerio Público Federal [Federal Public Ministry] to prosecute officials where grounds exist and convenes the Congreso [Congress] extraordinarily. War is declared after the Congreso [Congress] has decreed it. (Art. 100(12–19); cont., 1925, Art. 100(12–19)).
The Presidente de la República [President of the Republic] conducts diplomatic negotiations personally or through the competent minister, and concludes treaties through chosen plenipotentiaries with Consejo de Ministros [Council of Ministers] approval and subsequent legislative approval. Treaties cannot impair Arts. 37–39 and must provide for arbitramento [arbitration] of differences over interpretation or execution. Authorized contracts of national interest are made through the competent ministers with Consejo de Ministros [Council of Ministers] approval and submitted to the Congreso [Congress]. Entry of foreigners may be prohibited and expulsion ordered in cases permitted by international law or national legislation. (Art. 100(20–22); cont., 1925, Art. 100(20–22)).
The Presidente de la República [President of the Republic] directs war, commands the Ejército [Army] and Armada [Navy] personally or appoints their commander, organizes the Ejército [Army] and Milicia Nacional [National Militia] under the law, and fixes the strength of land and sea forces. (Art. 100(23); cont., 1925, Art. 100(23)).
The Presidente de la República [President of the Republic] decrees suspension of garantías constitucionales [constitutional guarantees] in the cases specified in Art. 36. During civil or international war, additional powers permit requesting state assistance, temporarily relocating federal powers, ordering prosecution for traición a la Patria [treason against the Nation], reorganizing Estados [States] controlled by rebels or participating in rebellion, and issuing patentes de corso [letters of marque] and authorizing represalias [reprisals]. (Art. 100(24); cont., 1925, Art. 100(24)).
During an official visit with some or all Ministros del Despacho [Cabinet Ministers] to Estados [States] or Territorios Federales [Federal Territories], the seat of the Poder Ejecutivo Federal [Federal Executive Power] is the place where the Presidente de la República [President of the Republic] is located; the visit decree regulates routine administration in Caracas. The Presidente de la República [President of the Republic] may use the fuerza pública [public force] to end armed conflict between Estados [States] after good offices fail, exercise functions delegated by state constitutions, grant indultos [pardons], and order the issue of titles granting or leasing tierras baldías [ungranted public lands] and concesiones mineras [mining concessions]. (Art. 100(25–29); cf. 1925, Art. 100(25): “together with all or some of the Ministros del Despacho [Cabinet Ministers] and the Secretario general [Secretary-General]”).
The annual Mensaje [Message] is presented personally or through a minister within the first ten days of ordinary sessions and accounts for acts of administration and the condition of the Republic. (Art. 101, first paragraph; cf. 1925, Art. 101: “and shall indicate the improvements which, in his judgment, it would be appropriate to adopt in the legislation in force”).
In the final year of the presidential term, the Mensaje [Message] is presented on 19 April or left signed with the acting president for transmission when the Congreso [Congress] meets. (Art. 101, final paragraph; new).
The Presidente de la República [President of the Republic] is responsible only for traición a la Patria [treason against the Nation] and ordinary offences. (Art. 102; cf. 1925, Art. 102: “The Presidente de la República [President of the Republic] or whoever acts in his stead is responsible only for traición a la Patria [treason against the Nation] and ordinary offences.”).
The Ministros del Despacho [Cabinet Ministers] are the legally required organs through which presidential powers are exercised. The law fixes their functions and organizes their departments. Presidential decrees require countersignature by the competent ministers, who issue the resolutions and orders within the presidential powers. Without that requirement presidential dispositions have no effect, except ministerial appointments and designation of an acting minister under Art. 100(6). A freely appointed and removable Gobernador del Distrito Federal [Governor of the Federal District] is the presidential organ for administration of the Distrito Federal [Federal District]. (Arts. 104–105; cf. 1925, Art. 104: “The President’s acts shall have no effect without that requirement.”).
A Ministro del Despacho [Cabinet Minister] must be Venezuelan by birth, over thirty and in possession of civil and political rights. Decisions are taken in the Gabinete [Cabinet] when the Constitution or laws require it or the Presidente de la República [President of the Republic] convenes it because of the matter’s importance. Otherwise, the competent minister or ministers countersign or execute the presidential decision. (Arts. 106–107; cf. 1925, Art. 106: “To be a Ministro del Despacho [Cabinet Minister] and Secretario general [Secretary-General]”).
Arts. 104–107 contain the ministerial provisions without the office of Secretario general [Secretary-General] provided in the antecedent charter. (Arts. 104–107; cf. 1925, Art. 105: “The Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela] shall also have a Secretario general [Secretary-General]”).
Ministers’ acts must conform to the Constitution and laws. Their personal responsibility is not excused by presidential orders, even written orders; responsibility for acts resolved in the Gabinete [Cabinet] is joint. Ministers submit reasoned and documented Memorias y Cuentas [Reports and Accounts] within the first ten days of annual sessions. Ministers may speak in the Chambers and must attend when summoned to provide information. (Arts. 108, 109 (first paragraph), 110; cont., 1925, Arts. 108, 109 (first paragraph), 110).
In the final presidential year, ministers present their Memorias y Cuentas [Reports and Accounts] on 19 April or, if the Cámaras Legislativas [Legislative Chambers] have not yet assembled, leave them with the acting president for transmission when the Congreso [Congress] meets. (Art. 109, final paragraph; new).
POW-JUD—Judiciary
The Poder Judicial [Judicial Power] resides in the Corte Federal y de Casación [Federal and Cassation Court] and the other courts established by law. Jueces Federales [Federal Judges] are appointed for a fixed period and cannot be removed during it except in cases prescribed by law. (Arts. 116–117; cont., 1925, Arts. 116–117).
The Corte Federal y de Casación [Federal and Cassation Court] consists of seven Vocales [Members of the Court], Venezuelans by birth, over thirty and lawyers of the Republic, serving seven years. At the end of their term they remain until their replacements take office. The Court acts in Salas [Divisions of the Court], whose membership is fixed by law. (Art. 118; cf. 1925, Art. 118: “who shall hold office for seven years”).
The Congreso [Congress] elects each of the seven Vocales [Members of the Court] separately by absolute majority during the first thirty days of sessions in the year beginning the constitutional term. At the same sitting it elects seven numbered Suplentes [Alternates], who fill temporary and permanent vacancies in that order. The Court fills incidental absences under the law. The Congreso [Congress] completes a depleted list of Suplentes [Alternates], placing the new appointees at its end; successive excuses from service without resignation are treated as incidental absences. (Art. 119; cf. 1925, Art. 119: “Incidental absences shall be filled as the law provides.”).
The Court hears accusations against the Presidente de la República [President of the Republic] or acting president, Ministros del Despacho [Cabinet Ministers], the Procurador General de la Nación [Procurator General of the Nation], the Gobernador del Distrito Federal [Governor of the Federal District] and its own members, and against state presidents and other high state officials designated by state law. It hears civil and criminal cases involving diplomatic officials where international law permits, and criminal cases concerning Venezuelan diplomatic agents’ misconduct abroad. (Art. 120(1–4); cont., 1925, Art. 120(1–4)).
Its jurisdiction includes the recurso de casación [appeal in cassation], other appeals assigned by law, causas de presas [prize cases], disputes among the specified political officials and federal or state entities, and conflicts of judicial competence where no other authority exists to decide them. (Art. 120(5–8); cont., 1925, Art. 120(5–8)).
The Court declares the nulidad [nullity] of national or state laws conflicting with the Constitution, limiting nullity to the conflicting provisions unless their connection with the rest requires invalidation of the whole law. It determines which national or state law, or which conflicting provisions of one law, must prevail. It annuls legislative or executive acts violating state rights or autonomy and state or municipal acts violating the specified restrictions on revenue powers. (Art. 120(9–11); cont., 1925, Art. 120(9–11)).
The Court annuls executive Decretos [Decrees] and Reglamentos [Regulations] that alter the spirit, reason or purpose of laws, and acts within Arts. 42–43 issued by national authorities, authorities of the Distrito Federal [Federal District] or high state officials. A ministerial resolution concerning execution, interpretation or lapse of a federal contract requires the procedure in Art. 120(13). (Art. 120(12); cont., 1925, Art. 120(12)).
In juicio contencioso [contentious proceedings], the Court decides disputes between the Nation and contractors or concessionaires concerning nullity, lapse, termination, scope, interpretation or performance of federal contracts, concesiones mineras [mining concessions] and grants of tierras baldías [ungranted public lands], including refusals of titles claimed as due. Matters reserved by the law applicable at the time to executive decision without judicial recourse remain excepted. Subject to treaties and statutory conditions, the Court gives foreign judgments enforceable effect and hears statutory claims for damages and other monetary claims against the Nation. (Art. 120(13–15); cont., 1925, Art. 120(13–15)).
The Court decides the boundary disputes specified in Art. 11. (Art. 120(16); cf. 1925, Art. 120(16): “To decide boundary disputes arising between the Estados [States] of the Union under Article 11.”).
On 19 April at the beginning of each federal term, the Court designates a principal member or alternate to take charge of the executive under Art. 103. A principal member leaves the Court upon taking executive office. The person designated continues until the elected Presidente de la República [President of the Republic] takes office, even if the Court is renewed in the meantime. (Art. 120(17); new).
Other matters of federal competence may be assigned to the Court by the Constitution and laws. (Art. 120(18); cont., 1925, Art. 120(17)).
For accusations under Art. 120(1–2), the Court summarily decides whether there are grounds for formación de causa [commencement of criminal proceedings], considering the evidence submitted and evidence it orders obtained. An affirmative decision suspends the official during the case; a negative decision ends proceedings. Ordinary offences pass to the competent ordinary court, while political offences remain before the Court through final judgment. The Court sends the Congreso [Congress] an annual report of its work and proposed legislative reforms. (Arts. 121–122; cont., 1925, Arts. 121–122).
Federal judicial competence includes the Court’s assigned cases, ordinary justice in the Distrito Federal [Federal District], Territorios Federales [Federal Territories] and Dependencias Federales [Federal Dependencies], and Tribunales Federales [Federal Courts] acting even within Estados [States] in cases involving the Nation, military proceedings, tierras baldías [ungranted public lands], mines, salinas [saltworks], federal taxation and other cases determined by law. The law may entrust federal judicial functions to Tribunales de los Estados [State Courts]. (Art. 15(7); cf. 1925, Art. 15(7), final clause: “in the cases just mentioned”).
The Ministerio Público Federal [Federal Public Ministry] represents the Ejecutivo Federal [Federal Executive] before federal and state courts when required by the Constitution and laws. It is headed by the Procurador General de la Nación [Procurator General of the Nation], freely appointed and removable by the Presidente de la República [President of the Republic], with subordinate appointments governed by law. It supervises lawful application in criminal cases and cases involving the Fisco Nacional [National Fisc], public order or public morals; supplies legal opinions to the executive or the Court; exercises the Ministerio Fiscal [Prosecutorial Office] in Art. 120(1–3) cases; and represents the Nation in litigation. The Procurador General de la Nación [Procurator General of the Nation] follows lawful executive instructions transmitted through the competent ministry. (Arts. 111–115; cont., 1925, Arts. 111–115).
At the request of the Ejecutivo Federal [Federal Executive], the Procurador General de la Nación [Procurator General of the Nation] brings accusations before the competent authority against federal officials whose conduct gives grounds for prosecution. (Art. 114(3); cont., 1925, Art. 114(3)).
POW-SUB—Subnational Government
The Estados [States] recognize one another’s autonomy and political equality and retain soberanía [sovereignty] not delegated by the Constitution. Their first duty and that of the Federation is preservation of national independence and integrity. They cannot break national unity, ally with foreign powers, request their protection or cede territory to them. National and state government is republican, federal, democratic, elective, representative, responsible and alternating. (Arts. 12–13; cont., 1925, Arts. 12–13).
The Estados [States] are divided into Distritos [Districts] with autonomía municipal [municipal autonomy], independent of state political power in their administrative affairs within constitutional restrictions. During foreign or internal war, a state executive may assume district administration under the state constitution. (Art. 14; cont., 1925, Art. 14).
The Estados [States] adopt constitutions and laws organizing their public powers, elect those powers under their constitutions and laws, and may delegate specified functions to the Presidente de la República [President of the Republic]. They may retain or change their names. They administer civil and criminal justice through their own courts except in matters reserved to federal judges; their judgments are reviewed only by the Corte Federal y de Casación [Federal and Cassation Court] through the remedies and with the effects prescribed by law. (Art. 17(1–3, 5); cont., 1925, Art. 17(1–3, 5)).
The Municipalidades [Municipalities] organize police, food supplies, cemeteries, municipal ornamentation, civil architecture, street lighting, aqueducts, urban tramways and other municipal services. They administer ejidos [municipal common lands] and other municipal lands, which cannot thereafter be alienated except for construction. (Art. 18(1–2); cont., 1925, Art. 18(1–2)).
Hygiene services follow federal health laws and regulations and remain “under the inspection of the federal sanitary service”. (Art. 18(1); cf. 1925, Art. 18(1): “under the supreme inspection of the federal sanitary service”).
The Estados [States] must comply with and execute the federal Constitution, laws and lawful federal orders. The Estados [States] and Municipalidades [Municipalities] give full faith and execution to public and judicial acts from federal authorities, other Estados [States] and the Distrito Federal [Federal District]. (Arts. 16, 19; cf. 1925, Art. 19: “emanating from federal authorities or the other Estados [States]”).
Federal judges, public prosecutors, administrative and revenue officials, and forces assigned to borders, public peace, garrisons, arsenals, coasts and ports may operate within the Estados [States]. Their jurisdiction is limited to their functions; they have no special personal jurisdiction or privilege distinguishing them from other residents. Estados [States] cannot impose duties incompatible with their federal service. The federal government may build the works needed for its administration. (Arts. 20–21; cont., 1925, Arts. 20–21).
The Estados [States] must prevent recruitment or levies intended to attack another nation’s peace, liberty or independence, or disturb internal peace. They cannot make war on one another and must remain neutral in disputes among other Estados [States] until required to act by the federal government. (Arts. 22–23; cont., 1925, Arts. 22–23).
Two or more Estados [States] may unite to form a single Estado [State], while retaining the freedom to recover their autonomy. In either case they notify the federal executive, the Congreso [Congress] and the other Estados [States]. (Art. 25; cf. 1925, Art. 25: “but always retaining the freedom to recover their status as Estados [States]”).
Official acts and documents of the Nation, Estados [States], Distrito Federal [Federal District], Territorios Federales [Federal Territories] and Municipalidades [Municipalities] must carry the calendar date and the years of Independence, counted from 19 April 1810, and Federation, counted from 20 February 1859. (Art. 26; cf. 1925, Art. 26: “of the Nation and of the Estados [States]”).
Poder Público [Public Power] is distributed among federal, state and municipal authorities within constitutional limits. The Poder Federal [Federal Power] is divided into legislative, executive and judicial branches. (Art. 51; cont., 1925, Art. 51).
CON-AMD—Amending the Constitution
Total or partial reform is declared by the Congreso [Congress] in ordinary sessions upon requests from three-quarters of the state Asambleas Legislativas [Legislative Assemblies], likewise meeting in ordinary sessions. Amendments and additions may address only points upon which a majority of Estados [States] agree. (Art. 123; cont., 1925, Art. 123).
Amendments and additions follow the procedure for enacting laws. Once the Congreso [Congress] approves them, its presiding officer submits them to the Asambleas Legislativas [Legislative Assemblies] for final ratification. (Arts. 124–125; cont., 1925, Arts. 124–125).
The Congreso [Congress] may also initiate amendments or additions under the procedure in Arts. 124–125; they are enacted upon ratification by two-thirds of the state Asambleas Legislativas [Legislative Assemblies]. Whether the initiative originated in the Asambleas Legislativas [Legislative Assemblies] or the Cámaras Legislativas [Legislative Chambers], the final state votes return to the Congreso [Congress] for scrutiny. (Arts. 126–127; cf. 1925, Art. 126: “by the procedure indicated in the preceding Article”).
CIV-SUF—Suffrage
The right of sufragio [suffrage] makes Venezuelans over twenty-one who are not subject to interdicción [judicial interdiction] or a criminal conviction involving inhabilitación política [political disqualification] electors and eligible for public office, subject to constitutional restrictions and statutory requirements of competence or capacity for particular offices. (Art. 32(12); cont., 1925, Art. 32(12)).
State constitutions must provide direct, secret voting for Concejos Municipales [Municipal Councils], Asambleas Legislativas [Legislative Assemblies] and Diputados [Deputies], using the Censo electoral [Electoral Register] under federal law. Diputados [Deputies] are directly elected; Senadores [Senators] are chosen by the state Asambleas Legislativas [Legislative Assemblies] from outside their membership. The Congreso [Congress] elects the members and alternates of the Corte Federal y de Casación [Federal and Cassation Court]. (Arts. 17(1), 56, 58, 60, 119; cont., 1925, Arts. 17(1), 56, 58, 60, 119).
The Congreso [Congress] elects the Presidente de la República [President of the Republic]. (Art. 96; cf. 1925, Art. 96: “to elect the Presidente y Vicepresidente de los Estados Unidos de Venezuela [President and Vice-President of the United States of Venezuela]”).
The constitutional age requirement is completion of twenty-one years for a deputy and age over thirty for a senator. The Presidente de la República [President of the Republic] must be over thirty, Venezuelan by birth, of estado seglar [lay status] and in possession of civil and political rights. (Arts. 57, 61, 95; cont., 1925, Arts. 57, 61, 95).
Troops must remain in barracks during electoral periods. (Art. 47; cont., 1925, Art. 47).
CIV-CIT—Citizenship
Venezuelan nacionalidad [nationality] belongs by birth and is acquired by naturalización [naturalization]. Those born in national territory and children of Venezuelan parents, wherever born, are Venezuelan by birth. (Arts. 27–28; cont., 1925, Arts. 27–28).
Art. 29(1) includes adult children born abroad to a father and mother who are Venezuelan by naturalización [naturalization], if they establish domicile in the country and declare their intention to be Venezuelan. (Art. 29(1); cf. 1925, Art. 29(1): “of a father or mother who are Venezuelan by naturalización [naturalization]”).
This comparison records the conjunction printed in each CIDEP recension; it does not establish whether the variant originated in the enacted instrument or in its reproduction.
The remaining categories are persons born in the Ibero-American republics who establish residence and declare their intention to be Venezuelan; foreigners obtaining a carta de naturaleza [certificate of naturalization] under the law; and a foreign woman married to a Venezuelan while the marriage subsists, or who, within one year after its dissolution, declares her intention to remain Venezuelan. (Art. 29(2–4); cont., 1925, Art. 29(2–4)).
The declarations under Art. 29(1), (2) and (4) are made before the Registrador Principal [Principal Registrar] for the jurisdiction where the person establishes domicile. The declaration is entered in the Protocolo [Register] and copied to the Ejecutivo Federal [Federal Executive] for official publication after the procedures required by law. nacionalidad [nationality] is not acquired before that publication. (Art. 30; cf. 1925, Art. 30: “The declarations of intention referred to in the preceding Article”).
Venezuelans must defend the country and obey the Constitution, laws and lawful implementing orders. They cannot undertake service against Venezuela and, if they do, are punishable as traitors under the law. The law fixes foreigners’ rights and duties, which cannot exceed those of Venezuelans. Foreigners participating in Venezuelan political contests incur the same responsibilities as Venezuelans and the measures specified by the charter. (Arts. 31, 37–38; cont., 1925, Arts. 31, 37–38).
Neither nationals nor foreigners may claim compensation from the Nation, Estados [States] or Municipalidades [Municipalities] for damage, loss or expropriation not carried out by legitimate authorities acting in their public capacity. (Art. 39; cont., 1925, Art. 39).
RTS-GAR—Rights
Life is inviolable, and no law or authority may establish or impose the pena de muerte [death penalty]. Property is subject to lawful contributions and taking for works of public utility through juicio contradictorio [adversarial proceeding] and indemnización previa [prior compensation], under the law. Owners must obey legislation on public hygiene, conservation of forests and waters, and comparable community requirements. (Art. 32(1–2); cf. 1925, Art. 32(2): “a prior juicio contradictorio [adversarial proceeding] and compensation”).
Postal and telegraphic correspondence and private papers are inviolable; seizure requires a competent judicial order and legal formalities, preserving secrecy for domestic and private matters unrelated to the case. The home may be entered only to prevent the commission or completion of an offence, execute lawful judicial decisions or carry out lawful sanitary visits. (Art. 32(3–4); cont., 1925, Art. 32(3–4)).
Personal liberty includes abolition of reclutamiento forzoso [compulsory recruitment], with military service governed by law; permanent prohibition of slavery and freedom for any enslaved person entering the country; liberty to do what harms no one else; and freedom from obligations not legally imposed or prohibitions not established by law. (Art. 32(5); cont., 1925, Art. 32(5)).
Thought may be expressed orally, in writing or through the press, subject to legal penalties for injuria [insult], calumnia [calumny], difamación [defamation], ultraje [outrage] and instigación a delinquir [incitement to commit offences]. Propaganda of communism is prohibited. (Art. 32(6); cf. 1925, Art. 32(6): “the offences of injuria [insult], calumnia [calumny], difamación [defamation] or ultraje [outrage]”).
Persons may travel without a passport, change domicile subject to legal formalities, leave and return to the Republic, and take and bring their property. Work and industry are free subject to public order and public morals. Industrial monopolies are prohibited, subject to the temporary privileges expressly permitted by Art. 32(8). (Art. 32(7–8); cont., 1925, Art. 32(7–8)).
Unarmed public or private assembly is free from coercion by the authorities; association remains subject to statutory restrictions and prohibitions. Petitions to public officials or official bodies carry a right to timely reply. Officials who violate their duties may be accused before competent courts. Freedom of teaching is guaranteed. (Art. 32(9–11, 13); cont., 1925, Art. 32(9–11, 13)).
No person may be imprisoned for debt not arising from an offence or tried by specially created tribunals or commissions instead of their Jueces naturales [legally competent judges] under pre-existing law. Arrest or detention requires a información sumaria [preliminary evidentiary inquiry] establishing an offence carrying a pena corporal [penalty restricting personal liberty] and a written order stating the reason, unless the person is caught in fraganti [in the act of committing the offence]. The sumario [preliminary criminal investigation] may not extend beyond thirty days after detention. (Art. 32(15)(a–c); cont., 1925, Art. 32(15)(a–c)).
No person may be held incommunicado or compelled to swear or undergo criminal interrogation against themselves, their ascendants, relatives within the fourth degree of consanguinity or second degree of affinity, or their spouse. Detention must end when a final judicial decision destroys its grounds or sufficient fianza [bail] is furnished in cases where provisional release is permitted by law. (Art. 32(15)(d–f); cont., 1925, Art. 32(15)(d–f)).
Criminal punishment requires personal notification of the charges and a hearing in the legal form. A pena corporal [penalty restricting personal liberty] cannot exceed twenty years. penas infamantes [infamous penalties] and perpetual penalties, including those not restricting personal liberty, are prohibited. No person may be tried twice for the same offence. (Art. 32(15)(g–i); cont., 1925, Art. 32(15)(g–i)).
All are subject to the same laws, equal legal protection throughout national territory, and equal duties, services and contributions; exemptions require legal authorization. Titles of nobility, hereditary distinctions and offices paying beyond the duration of service cannot be granted. Official address is limited to ciudadano [citizen] and usted [you, in formal address], except diplomatic formulas. (Art. 32(16); cont., 1925, Art. 32(16)).
Enumeration of rights does not deny other rights belonging to citizens. Federal laws, state constitutions and laws, and municipal ordinances impairing guaranteed rights are null, as declared by the Corte Federal y de Casación [Federal and Cassation Court]. Persons issuing, signing, executing or ordering rights-violating measures are punishable under the law, subject to the exception for competent official measures in the circumstances of Art. 36. (Arts. 33–35; cont., 1925, Arts. 33–35).
During international war, civil war or imminent danger of either, the Presidente de la República [President of the Republic] in the Consejo de Ministros [Council of Ministers] declares the circumstance and suspends garantías constitucionales [constitutional guarantees] nationally or in the area specified, until peace is restored. Life remains inviolable and infamous punishments remain prohibited. confiscación [confiscation] is prohibited except as reciprocal represalias [reprisals] against nationals of an enemy country that has first confiscated Venezuelans’ property. (Art. 36(1–2); cont., 1925, Art. 36(1–2)).
Nationals or foreigners opposing the preservation or restoration of peace may be arrested, subjected to confinamiento [confinement to a specified locality] or expelled. These measures cease with the circumstances giving rise to them, except that the executive may leave an expulsion of foreigners in force. (Art. 36(3); cont., 1925, Art. 36(3)).
soberanía [sovereignty] resides in the people and is exercised through public powers. Defined functions limit those powers, and excess constitutes usurpation. The law regulates nulidad [nullity] for acts exceeding authority; decisions exacted by force or by a public gathering in a subversive attitude are null. Officials incur individual responsibility for excess of authority or breach of the law governing their office, subject to Art. 102, and remain punishable for other offences. (Arts. 40–44; cont., 1925, Arts. 40–44).
One person cannot hold more than one remunerated public office; acceptance of the second constitutes resignation from the first. Exceptions cover alternates before replacing a principal and employment in academies, hospitals, incidental courts and educational institutions. The law regulates the oath taken by national officials upon assuming office. (Arts. 46, 53; cf. 1925, Art. 46: “except for public-education teachers, employees in academies or hospitals, and incidental judges”).
REG-MIL—The Military
The Ejército [Army], Armada [Navy] and Aviación Militar [Military Aviation] belong to federal competence. Estados [States] and Municipalidades [Municipalities] may maintain only police and prison guards, except forces organized on federal orders. The Ejército [Army] is formed from contingents drawn proportionately to population from the Estados [States], Distrito Federal [Federal District], Territorios Federales [Federal Territories] and Dependencias Federales [Federal Dependencies]. The law regulates milicias ciudadanas [citizen militias] and may establish enganches por contrato [contractual enlistment]. All war matériel in or introduced into the country belongs to the Nation. (Art. 15(8); cont., 1925, Art. 15(8)).
Civil and military authority cannot be exercised simultaneously by one official except the Presidente de la República [President of the Republic], or a civil official given military functions by law during war. The fuerza armada [armed force] may not deliberate; it is passive and obedient. Armed bodies may seek requisitions or assistance only through civil authorities in the manner fixed by law. Troops remain in barracks during elections, and commanders violating these rules are punishable. (Arts. 45, 47; cont., 1925, Arts. 45, 47).
reclutamiento forzoso [compulsory recruitment] is abolished and military service follows the law. The Cámara del Senado [Senate] consents to promotions from Coronel [Colonel] and Capitán de Navío [Naval Captain], inclusive. The Congreso [Congress] legislates on formation and replacement of land and sea forces. (Arts. 32(5)(a), 62(3), 78(15); cont., 1925, Arts. 32(5)(a), 62(3), 78(15)).
The Presidente de la República [President of the Republic] directs war, commands the Ejército [Army] and Armada [Navy] personally or through an appointed commander, organizes the Ejército [Army] and Milicia Nacional [National Militia], and fixes the numbers of land and sea forces. (Art. 100(23); cont., 1925, Art. 100(23)).
REG-REL—Religion
Religious liberty is guaranteed under the supreme inspection of all forms of worship by the Ejecutivo Federal [Federal Executive] in accordance with law, preserving Patronato Eclesiástico [Ecclesiastical Patronage]. The Nation exercises that right under the Law of 28 July 1824. The Presidente de la República [President of the Republic] must possess estado seglar [lay status]. (Arts. 32(14), 52, 95; cont., 1925, Arts. 32(14), 52, 95).
ECO-INF—Infrastructure
Federal legislation governs civil, commercial, criminal and procedural matters; banks and credit institutions; social provision; Sanidad [Public Health]; conservation and development of forests, waters and other natural resources; labour; marcas de fábrica [trademarks]; literary, artistic and industrial property; public registration; expropiación por causa de utilidad pública [expropriation for public utility]; immigration; naturalización [naturalization]; admission and expulsion of foreigners; and regulation of constitutional guarantees. (Art. 15(4); cont., 1925, Art. 15(4)).
The federal authorities legislate on Instrucción Pública [Public Instruction]. Elementary primary instruction is compulsory and instruction in official institutions is free. National census and statistical work requires state and municipal cooperation; population-based acts use the latest census approved by the Congreso [Congress]. Art. 15(10) expressly includes the Nation, Estados [States], Distrito Federal [Federal District] and Territorios Federales [Federal Territories]. (Art. 15(9–10); cf. 1925, Art. 15(10): “both of the Nation and of the Estados [States]”).
Air, maritime and river navigation, docks and landing works are federal matters. Navigation of rivers and other navigable waters requiring no special works cannot be restricted by taxes or privileges. Correos [Postal Services], Telégrafos [Telegraphs], Teléfonos [Telephones] and wireless communications likewise belong to federal competence. (Art. 15(13, 15); cont., 1925, Art. 15(13, 15)).
National roads are those passing through a Estado [State], the Distrito Federal [Federal District] or a Territorio Federal [Federal Territory] and extending beyond its boundaries. Federal competence also covers aerial haulage cables and railways even within one Estado [State]. Urban tramways and urban haulage cables are conceded and regulated by the respective Municipalidades [Municipalities]. (Art. 15(16); cont., 1925, Art. 15(16)).
Federal competence extends to necessary public works throughout national territory without restricting the right of Estados [States] and Municipalidades [Municipalities] to undertake works on their own account. Federal administrative works within Estados [States] may include forts, docks, warehouses, shipyards, penitentiaries and estaciones de cuarentenas [quarantine stations]. (Arts. 15(19), 21; cont., 1925, Arts. 15(19), 21).
Statutory privilegios temporales [temporary exclusive privileges] may protect intellectual property, patentes de invención [patents of invention] and marcas de fábrica [trademarks], and may authorize railways, aerial navigation enterprises, canals, tramways, telephone or telegraph lines and wireless systems for a limited period. The works must be constructed or installed at the concessionaire’s expense, without guaranteed returns or subsidies from the Nation or Estados [States]. (Art. 32(8); cont., 1925, Art. 32(8)).
Public-interest contracts cannot be transferred, wholly or partly, to foreign governments. They incorporate a clause assigning unresolved disputes to competent Venezuelan courts under Venezuelan law and excluding foreign claims. Such contracts cannot be concluded with, or transferred to, companies not legally domiciled in Venezuela. (Art. 50; cont., 1925, Art. 50).
CON-FIN—Final Provisions
The presidential period begun on 19 April 1922 continues, and the incumbent Presidente de la República [President of the Republic] remains for its remainder. Senadores [Senators] and Diputados [Deputies] retain their mandates for the remainder of their three-year terms. Once the Constitution takes effect, the Congreso [Congress] elects seven principal Vocales [Members of the Court] and seven Suplentes [Alternates] to serve until the election prescribed by Art. 119 in the next constitutional period. (Art. 128; cf. 1925, Art. 128: “the current Presidente de la República [President of the Republic] and Vicepresidente de la República [Vice-President of the Republic] and the Vocales [Members of the Court] of the Corte Federal y de Casación [Federal and Cassation Court] shall continue in office”).
Existing state constitutions continue in force until the respective Estados [States] repeal them. (Art. 129; cf. 1925, Art. 129: “The Presidente de la República [President of the Republic] shall provisionally organize the Estados [States] of the Union while they enact their new Constitutions”).
The transitional provisions contain no counterpart to the 1925 direction to fill the office of Procurador General de la Nación [Procurator General of the Nation] under Art. 113. (Arts. 128–129 (transitional provisions); cf. 1925, Art. 128, final sentence: “With respect to the Procurador General de la Nación [Procurator General of the Nation], the Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela] shall fill the office under the provisions of Article 113.”).
The transitional provisions contain no counterpart to the 1925 waiver by the Estados [States] of rights to balances of their situados constitucionales [constitutional revenue allocations] through fiscal year 1924–1925, inclusive, and the Nation’s reciprocal waiver of claims against the Estados [States] through the same fiscal year. (Arts. 128–129 (transitional provisions); cf. 1925, Art. 130: “The Estados [States] waive in favour of the Nation any right that may belong to them concerning balances of their situados constitucionales [constitutional revenue allocations] through fiscal year 1924–1925, inclusive. Reciprocally, the Nation waives in favour of the Estados [States] any claim it has against them through that fiscal year, inclusive.”).
Following scrutiny of the state ratifications, the Constitution is promulgated with the presidential Ejecútese [Let it be executed] and takes effect on the day of publication in the Gaceta Oficial [Official Gazette]. (Art. 130; cf. 1925, Art. 131: “shall be promulgated and enter into force as soon as, after the Congreso [Congress] has scrutinized the votes of the state Asambleas Legislativas [Legislative Assemblies], it is found that they have ratified it”).
The Constitution dated 24 June 1925, ordered complied with and published on 1 July 1925, is repealed. The 1928 constitutional text closes with the date 22 May 1928; the execution formula signed J. V. Gómez is dated 23 May 1928. (Art. 131; closing and execution formulas).
Recension
Centro para la Integración y el Derecho Público [Centre for Integration and Public Law] (CIDEP).
18) The Constitution of 1929
The 1929 Constitución de los Estados Unidos de Venezuela [Constitution of the United States of Venezuela] was declared sanctioned by the Congreso [Congress] in its agreement of 29 May 1929, issued at the Palacio Federal Legislativo [Federal Legislative Palace], Caracas, following the unanimous ratification by the Asambleas Legislativas de los Estados [State Legislative Assemblies] recorded in that agreement. Its execution was ordered at the Palacio Federal [Federal Palace], Caracas, on the same date by President Juan Bautista Pérez. (CIDEP 1929, p. 3, prefatory agreement; p. 23, execution formula).
Historical reference
Following the conclusion of President Juan Vicente Gómez’s 1922–1929 term, President Juan Bautista Pérez exercised the presidency in an acting capacity from 19 April 1929 and became constitutional President on 30 May 1929. During Pérez’s presidency, which ended on 13 June 1931, Gómez held military command as Comandante en Jefe del Ejército Nacional [Commander-in-Chief of the National Army].
Source: Manuel Rodríguez Campos, “Pérez, Juan Bautista,” Diccionario de Historia de Venezuela, Fundación Empresas Polar:
https://bibliofep.fundacionempresaspolar.org/dhv/entradas/p/perez-juan-bautista/
DOC-PRE—Preamble
(modern Latinate English translation by the author from the CIDEP recension)
“The Congress of the United States of Venezuela, in the name of Almighty God and in exercise of the authority conferred upon it by Article 126 of the Federal Pact in force, the present Constitution.”
(CIDEP 1929, p. 3, preamble).
The CIDEP preamble (p. 3) contains no enactment verb.
FND-TER—Territory
The Nación Venezolana [Venezuelan Nation] consists of all Venezuelans united in a political pact under the name Estados Unidos de Venezuela [United States of Venezuela]; it is permanently and irrevocably free and independent of foreign domination or protection. The territory is that belonging to the Capitanía General de Venezuela [Captaincy General of Venezuela] before the political transformation of 1810, with modifications resulting from treaties. No part may be ceded, transferred, leased or otherwise alienated to a foreign power, even temporarily. (Arts. 1–2; cont., 1928, Arts. 1–2).
The national territory is divided into Estados [States], the Distrito Federal [Federal District], Territorios Federales [Federal Territories] and Dependencias Federales [Federal Dependencies]. The twenty Estados [States] are Anzoátegui, Apure, Aragua, Bolívar, Carabobo, Cojedes, Falcón, Guárico, Lara, Mérida, Miranda, Monagas, Nueva Esparta, Portuguesa, Sucre, Táchira, Trujillo, Yaracuy, Zamora and Zulia. (Arts. 3–4; cont., 1928, Arts. 3–4).
State boundaries follow the provincial boundaries established by the Law of 28 April 1856, subject to the creation of the Distrito Federal [Federal District], Territorios Federales [Federal Territories] and Dependencias Federales [Federal Dependencies], the Constitution of 5 August 1909 and the 1917 agreement between Aragua and Carabobo. Neighbouring Estados [States] may alter their common boundary through agreements approved by their respective legislatures, including reciprocal territorial compensation or cession. (Art. 5; cont., 1928, Art. 5).
The Distrito Federal [Federal District] comprises the departments Libertador and Vargas. The text places Caracas and the outlying parishes El Recreo, El Valle, La Vega, Antímano, Maracao and Macuto in Libertador. A special law organizes the district and determines its municipal powers so that federal political action is not obstructed. (Art. 6; cf. 1928, Art. 6: “Macarao and Macuto”).
The CIDEP recension prints the parish name Maracao in Art. 6; the 1928 recension prints Macarao. The printed forms are retained here.
Caracas is the capital and seat of federal government, subject to Art. 100, powers 23(b) and 24. (Art. 7; cf. 1928, Art. 7: “subject to the provisions of subparagraph b), power 24 of Article 100, and power 25 of the same Article”).
Amazonas and Delta Amacuro are Territorios Federales [Federal Territories], organized by special laws. Their boundaries, and those of the Distrito Federal [Federal District] with neighbouring Estados [States], may be modified by agreements concluded by the Poder Ejecutivo Federal [Federal Executive Power] and the respective state governments and approved by the Congreso [Congress] and the respective Asambleas Legislativas [Legislative Assemblies]. (Art. 8; cont., 1928, Art. 8).
A Territorio Federal [Federal Territory] may become a Estado [State] upon attaining the population required for one deputy and proving to the Congreso [Congress] that it can maintain every branch of public service and meet the necessary expenditure. (Art. 9; cont., 1928, Art. 9).
The Dependencias Federales [Federal Dependencies] comprise the Venezuelan islands in the Caribbean Sea except Margarita and Coche, which constitute Nueva Esparta. Their government and administration belong directly to the executive until the law elevates them to the category of Territorios Federales [Federal Territories]. (Art. 10; cont., 1928, Art. 10).
The Corte Federal y de Casación [Federal and Cassation Court] decides boundary disputes between Estados [States], and those arising between them and the Distrito Federal [Federal District] or Territorios Federales [Federal Territories], through the procedure prescribed by law. (Art. 11; cont., 1928, Art. 11).
POW-LEG—Congress
The Poder Legislativo [Legislative Power] is exercised by the Congreso de los Estados Unidos de Venezuela [Congress of the United States of Venezuela], consisting of the Cámara de Diputados [Chamber of Deputies] and Cámara del Senado [Senate]. Both Diputados [Deputies] and Senadores [Senators] serve three-year terms. (Art. 55; cont., 1928, Art. 55).
Each Estado [State] elects Diputados [Deputies] directly under its Ley de Elecciones [Electoral Law], one per 35,000 inhabitants and one additional deputy for an excess of 15,000. A Estado [State] with fewer than 35,000 inhabitants elects one deputy. An equal number of Suplentes [Alternates] is elected to fill vacancies in the order of election. (Art. 56; cont., 1928, Art. 56).
Art. 56 ends with the provision for Suplentes [Alternates]; the three-year term remains in Art. 55. (Arts. 55–56; cf. 1928, Art. 56, final paragraph: “The Diputados [Deputies] shall serve for three years and shall be renewed in their entirety.”).
A deputy must be Venezuelan by birth and have completed twenty-one years of age. The Distrito Federal [Federal District] and Territorios Federales [Federal Territories] attaining the prescribed population elect Diputados [Deputies] directly under the formalities fixed by law. The population basis excludes indígenas no reducidos [unreduced Indigenous people]. (Arts. 57–58; cont., 1928, Arts. 57–58).
The Cámara de Diputados [Chamber of Deputies] may give a voto de censura [vote of censure] to Ministros del Despacho [Cabinet Ministers] whose acts it considers to warrant it. The Presidente de la República [President of the Republic] is not obliged to remove them until the Corte Federal y de Casación [Federal and Cassation Court] declares that legal grounds exist for putting them on trial. Other powers may be assigned by law. (Art. 59; cont., 1928, Art. 59).
Each state Asamblea Legislativa [Legislative Assembly] elects, from outside its own membership, two principal Senadores [Senators] and two Suplentes [Alternates], the latter filling vacancies in election order. A senator must be Venezuelan by birth and over thirty years of age. (Arts. 60–61; cont., 1928, Arts. 60–61).
The Cámara del Senado [Senate] may authorize the transfer of the remains of illustrious Venezuelans to the Panteón Nacional [National Pantheon] after twenty-five years from their death; consent to national officials accepting gifts, offices, honours or rewards from foreign governments; and consent to military promotions from Coronel [Colonel] and naval promotions from Capitán de Navío [Naval Captain], inclusive. (Art. 62(1–3); cont., 1928, Art. 62(1–3)).
Art. 62 contains three numbered powers. (Art. 62; cf. 1928, Art. 62(4): “4. Such other powers as the laws assign to it.”).
The Cámaras Legislativas [Legislative Chambers] meet annually in the capital on 19 April or the nearest possible day, without prior convocation. Ordinary sessions last ninety days and cannot be extended; every day and hour within that period is available for ordinary sessions. Extraordinary sessions convened by the executive address the matters specified in the convocation and connected legislation requiring amendment. (Art. 63; cont., 1928, Art. 63).
Opening sessions require two-thirds of the membership; those present without that number form a Comisión Preparatoria [Preparatory Commission] and take measures to secure attendance. Subsequent sessions require an absolute majority. Sessions are public unless the respective Chamber resolves that they shall be secret. (Arts. 64–65; cont., 1928, Arts. 64–65).
Each Chamber adopts its Reglamento Interior y de Debates [Rules of Internal Procedure and Debate], disciplines infringements, controls order in its building, corrects or punishes disorderly spectators, removes impediments to its lawful functions, executes its exclusive resolutions, determines the qualifications of its members and receives their resignations. Both Chambers sit in the same town and open and close sessions on the same day and hour; suspension or relocation requires the other Chamber’s consent, with disagreements decided in joint session. (Arts. 66–67; cont., 1928, Arts. 66–67).
During sessions, any public office is incompatible with membership of either Chamber. Remuneration is fixed by law and may be increased only for the following term. (Arts. 68–69; cont., 1928, Arts. 68–69).
Legislative inmunidad [immunity] runs from thirty days before 19 April until thirty days after the close of sessions. Members cannot be imprisoned, arrested, confined, detained or obstructed in their functions, even upon committing an offence during that period. Where the alleged offence carries a pena corporal [penalty restricting personal liberty], the sumario [preliminary criminal investigation] is stayed during immunity, while investigative steps continue. Members need not answer claims, take oaths or answer judicial interrogatories during the same period, which is excluded from procedural time limits. The Chambers cannot waive this immunity. (Art. 70; cont., 1928, Art. 70).
Art. 70(1) states the exclusion of Art. 32(15)(c) with the qualification “with respect to the duration of the sumario [preliminary criminal investigation]”. (Art. 70(1); cont., 1928, Art. 70(1)).
Members are not responsible for opinions expressed in their Chambers. They cannot make contracts with the Ejecutivo Federal [Federal Executive] on their own or another’s behalf, or pursue others’ claims before it. (Arts. 71–72; cont., 1928, Arts. 71–72).
When the list of senatorial Suplentes [Alternates] is exhausted or reduced by death or another permanent vacancy, the respective Asamblea Legislativa [Legislative Assembly] fills it for the remainder of the legislative term. State constitutions and the Ley Orgánica del Distrito Federal [Organic Law of the Federal District] determine how vacancies in the Cámara de Diputados [Chamber of Deputies] are filled. (Art. 73; cont., 1928, Art. 73).
The Chambers act separately but sit jointly when the Constitution or laws require it, or when one invites the other and the latter agrees and fixes the meeting time. Their separate acts as co-legislators are Leyes [Laws]; acts adopted jointly, or separately on matters exclusive to one Chamber, are Acuerdos [Resolutions]. The presiding officer of the Cámara del Senado [Senate] presides over the Congreso [Congress], and that of the Cámara de Diputados [Chamber of Deputies] serves as its vice-president. (Arts. 74–76; cont., 1928, Arts. 74–76).
In joint session the Congreso [Congress] conducts the elections assigned to it, receives the resignation of the Presidente de la República [President of the Republic], examines the annual Mensaje [Message], approves or disapproves ministerial Memorias y Cuentas [Reports and Accounts], admits qualifying Territorios Federales [Federal Territories] as Estados [States], and examines Créditos Adicionales [Additional Appropriations] for compliance with the constitutional procedure. (Art. 77; cont., 1928, Art. 77).
The reference governing examination of Créditos Adicionales [Additional Appropriations] is Art. 100(29). (Art. 77(6); cf. 1928, Art. 77(6): “the procedures indicated in power 30 of Article 100”).
As co-legislators the Chambers decree national taxes and loans, regulate national debt, create and suppress national offices, legislate on federal administration and currency, and authorize the disposal of nationally owned immovable property. Compulsory circulation of banknotes or any paper representation of value is prohibited, and the patrón de oro [gold standard] must be maintained. Weights and measures follow the metric decimal system. (Art. 78(1–4, 7–8); cont., 1928, Art. 78(1–4, 7–8)).
Treaties and diplomatic conventions require legislative approval before ratification or exchange. The approving law receives the Ejecútese [Let it be executed] only when the other party’s acceptance is established; official publication follows ratification and exchange. Contracts for railways, aerial haulage cables, telegraphic or wireless communications, immigration and other authorized matters of national interest require legislative approval. concesiones mineras [mining concessions] and titles to tierras baldías [ungranted public lands] granted under their respective laws are exempt from that approval. (Art. 78(5–6); cont., 1928, Art. 78(5–6)).
The Chambers enact the Ley de Presupuesto General de Rentas y Gastos Públicos [General Revenue and Public Expenditure Budget Law], fixing federal salaries and expenditure for the fiscal year. Outside that law, they cannot order another specified expenditure through a special law or resolution. They examine and approve the Censo Nacional [National Census], prescribe the special administration of Territorios Federales [Federal Territories], and increase the population basis for electing Diputados [Deputies] when the approved census requires it. (Art. 78(9–12); cont., 1928, Art. 78(9–12)).
General laws govern civil pensions, retirement benefits and montepíos militares [military survivors’ pension funds] payable by the Tesoro Nacional [National Treasury]. The budget supplies aggregate appropriations, distributed by the executive through the competent minister under the law. The Chambers decree war, require peace negotiations, legislate on recruitment and replacement of land and sea forces, grant amnistías [amnesties], and legislate on the security of ports and coasts. (Art. 78(13–17); cont., 1928, Art. 78(13–17)).
Legislative powers include the Censo electoral [Electoral Register], Instrucción Pública [Public Instruction], Hacienda Nacional [National Public Finance Administration], air, maritime and river navigation, docks, Correos [Postal Services], Telégrafos [Telegraphs], wireless communications, railways, national roads and motor traffic, tierras baldías [ungranted public lands], salinas [saltworks], pearl fishing and mines, together with the subjects listed in Art. 15(4) and other matters of federal competence. (Art. 78(18–19); cont., 1928, Art. 78(18–19)).
A bill may originate in either Chamber upon presentation by at least three of its members, or through the minister responsible for a proposal from the executive. After admission it receives three discussions separated by at least one day. The other Chamber follows the same procedure and returns any amendments. If disagreement persists after written reasons from the originating Chamber, joint session decides disputed and connected articles by majority vote and may adopt a different wording. (Arts. 79–82; cont., 1928, Arts. 79–82).
Rejected bills cannot be presented again until the following year or later. Bills left pending at the close of sessions require a new presentation and all discussions in a subsequent year. An amending law must reproduce its entire text and repeal the previous law in full; repeal follows the same formalities as enactment. (Arts. 83–84, 86–87; cont., 1928, Arts. 83–84, 86–87).
The legislative formula is the name of the Congreso de los Estados Unidos de Venezuela [Congress of the United States of Venezuela] followed by “Decrees:”. Enacted texts are prepared in duplicate without alterations, signed by the presiding officers and secretaries of the Congreso [Congress], and dated with final approval. One copy goes to the Presidente de la República [President of the Republic] for countersignature with the competent ministers and official publication. Printing errors require corrected republication or a ministerially certified errata notice. (Arts. 85, 88–89; cont., 1928, Arts. 85, 88–89).
A law takes effect on its stated date or, if none is stated, upon official publication. Legislative power cannot be delegated. Legislation is not retroactive except where it imposes a lesser penalty. Procedural laws apply immediately to pending cases; in criminal cases, evidence already taken is assessed under the law in force when it was offered insofar as that benefits the accused. (Arts. 90–92; cont., 1928, Arts. 90–92).
The publication named in Arts. 88–90 is the Gaceta Oficial de los Estados Unidos de Venezuela [Official Gazette of the United States of Venezuela]. (Arts. 88–90; cf. 1928, Art. 90: “from its publication in the Gaceta Oficial [Official Gazette]”).
ECO-TES—Treasury
The federal authorities have competence over Aduanas [Customs Houses], import duties and duties on foreign goods passing through to foreign destinations. The Impuesto Territorial [Territorial Tax] remains payable at Aduanas [Customs Houses] until abolished by law and enters the Tesoro Nacional [National Treasury]. Exports are free of tax. Federal revenues include estampillas o timbres fiscales [fiscal stamps or revenue stamps], cigarettes, tobacco, registration, inheritance, matches, spirits, liquors and other taxes established as national taxes by law. (Art. 15(14, 17); cont., 1928, Art. 15(14, 17)).
The Situado Constitucional [Constitutional Revenue Allocation] equals twelve per cent of total revenue, calculated for each fiscal year from receipts in the immediately preceding calendar year and included annually in the national expenditure budget. It is distributed among the Estados [States], Distrito Federal [Federal District] and Territorios Federales [Federal Territories] in proportion to population. (Art. 17(4)(1); cont., 1928, Art. 17(4)(1)).
State revenues also include the tax on papel sellado [stamped paper], consumption taxes and contributions established by their Asambleas Legislativas [Legislative Assemblies]. papel sellado [stamped paper] cannot be demanded for assessment or payment of national taxes, or used to collect prohibited contributions. Estados [States] cannot create Aduanas [Customs Houses], levy import or export duties, tax foreign goods in transit abroad, invade national or municipal tax subjects, tax interstate transit, tax goods before they are offered for consumption, prohibit consumption of goods from elsewhere, discriminate against such goods, require federal tax officials to collect state taxes, or impose payment in personal labour or its monetary equivalent. (Art. 17(4)(2–3); cont., 1928, Art. 17(4)(2–3)).
Municipal revenue powers carry the restrictions in Art. 17(4)(3). patentes [business licence taxes] on agriculture, livestock raising and the catching of edible fish are prohibited at municipal, state and national levels. Estados [States] and Municipalidades [Municipalities] cannot contract loans abroad. (Arts. 18(3), 24; cont., 1928, Arts. 18(3), 24).
No tax may be collected without legal authorization. Expenditure from the Tesoro Nacional [National Treasury] requires an appropriation in the Ley de Presupuesto General de Rentas y Gastos Públicos [General Revenue and Public Expenditure Budget Law] or a previously decreed Crédito Adicional [Additional Appropriation]. Officials who contravene this rule are civilly liable to the Tesoro Nacional [National Treasury] for the amounts paid. (Art. 48; cont., 1928, Art. 48).
The Presidente de la República [President of the Republic], in the Consejo de Ministros [Council of Ministers], may decree Créditos Adicionales [Additional Appropriations] when a budget chapter is insufficient or an expense was not foreseen, provided available funds cover them without impairing ordinary expenditure, which takes precedence. The Congreso [Congress] examines compliance with these conditions. Ministers account for funds handled; the minister responsible for national revenues prepares the budget bill in consultation with the others. (Arts. 100(29), 77(6), 109; cont., 1928, Arts. 100(30), 77(6), 109).
Each Estado [State] retains ownership of its salinas [saltworks], tierras baldías [ungranted public lands], their products, ostrales de perlas [pearl-oyster beds] and mines, while administration belongs to the Ejecutivo Federal [Federal Executive]. The resulting revenue, including sales of tierras baldías [ungranted public lands], enters the Tesoro Nacional [National Treasury]. salinas [saltworks] are inalienable. tierras baldías [ungranted public lands] on maritime, river and lake islands cannot be alienated, and their use cannot directly or indirectly transfer ownership. (Art. 15(18); cont., 1928, Art. 15(18)).
concesiones mineras [mining concessions] are temporary. Laws governing the sale, lease or gratuitous grant of tierras baldías [ungranted public lands] must establish a derecho de preferencia [right of preference] for occupants. (Art. 15(18); cont., 1928, Art. 15(18)).
POW-EXE—Executive
Federal administration not assigned by the Constitution to another authority belongs to the Poder Ejecutivo Federal [Federal Executive Power], exercised by the Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela]. The laws determine the federal employees and agents through whom administration operates; assistance may be required from state governments in constitutionally permitted cases. (Arts. 93–94; cont., 1928, Arts. 93–94).
The Presidente de la República [President of the Republic] must be Venezuelan by birth, over thirty, of estado seglar [lay status] and in possession of all civil and political rights. (Art. 95; cont., 1928, Art. 95).
Within the first fifteen days of its installation in the year beginning the constitutional term, the Congreso [Congress] elects the Presidente de la República [President of the Republic]. The election sitting is fixed at least five days in advance and the notice is officially published. The oath is taken before the Congreso [Congress], or before the Corte Federal y de Casación [Federal and Cassation Court] if circumstances prevent the former. (Arts. 96, 99; cont., 1928, Arts. 96, 99).
A temporary presidential absence is filled by the Ministro del Despacho [Cabinet Minister] designated by the Presidente de la República [President of the Republic]. Upon a permanent vacancy, the Congreso [Congress] elects a replacement for the remainder of the term. Until that person takes office, the minister already acting continues; if none is acting, the Gabinete [Cabinet] chooses a minister by majority vote. If the Congreso [Congress] is not in ordinary session, the acting minister convenes extraordinary sessions. (Art. 97; cont., 1928, Art. 97).
Absence from the capital within national territory is not a temporary absence from office. From any place in the country, the Presidente de la República [President of the Republic] may instruct ministers concerning resolutions to be issued in the capital and receive foreign diplomatic ministers. (Art. 98; cont., 1928, Art. 98).
Federal constitutional terms last seven years. Presidential service runs from the oath until 19 April in the year when the term ends. On that date the executive is delivered to a member or alternate of the Corte Federal y de Casación [Federal and Cassation Court] designated by that Court under Art. 120(17), pending the accession of the elected successor. (Arts. 54, 103, 120(17); cont., 1928, Arts. 54, 103, 120(17)).
Art. 54 fixes the beginning of the federal periods at 19 April 1929. (Art. 54; cf. 1928, Art. 54: “shall be counted from 19 April 1922 and shall last seven years”).
For the current constitutional period, the Congreso [Congress] elects a Comandante en Jefe del Ejército Nacional [Commander-in-Chief of the National Army]. The Presidente de la República [President of the Republic] must exercise the powers numbered 1, 4, 17, 18, 23, 25 and 27 in Art. 100 in agreement with that officer: appointment and removal of ministers, administration of the Distrito Federal [Federal District], extraordinary convocation of the Congreso [Congress], declaration of war, suspension of guarantees and the listed wartime measures, armed intervention in conflict between Estados [States], and indultos [pardons]. (Art. 128; new).
The Presidente de la República [President of the Republic] appoints and removes Ministros del Despacho [Cabinet Ministers], receives foreign diplomatic ministers, signs official letters to heads of state, administers the Distrito Federal [Federal District] and Territorios Federales [Federal Territories], and may designate a Ministro del Despacho [Cabinet Minister] to exercise the presidency temporarily and resume office during the constitutional term. (Art. 100(1–6); cont., 1928, Art. 100(1–6)).
The Presidente de la República [President of the Republic] orders the Constitution and laws executed and published; issues implementing Decretos [Decrees] and Reglamentos [Regulations] in the Consejo de Ministros [Council of Ministers] without altering the laws’ spirit, purpose or reason; negotiates legislatively authorized loans through the appropriate minister with Gabinete [Cabinet] approval; regulates public or private health, postal, telegraph and telephone services in the Consejo de Ministros [Council of Ministers]; and orders the census and submits it for legislative approval. (Art. 100(7–11); cont., 1928, Art. 100(7–11)).
Through the appropriate ministers, the Presidente de la República [President of the Republic] issues patentes de navegación [navigation licences] and nationality certificates, appoints national officials whose selection belongs to no other official and removes them, and administers national revenues. In the Consejo de Ministros [Council of Ministers], the Presidente de la República [President of the Republic] creates and funds necessary public services during legislative recess. With Gabinete [Cabinet] approval, the Presidente de la República [President of the Republic] orders the Ministerio Público Federal [Federal Public Ministry] to prosecute officials where grounds exist and convenes the Congreso [Congress] extraordinarily. War is declared after the Congreso [Congress] has decreed it. (Art. 100(12–19); cont., 1928, Art. 100(12–19)).
The Presidente de la República [President of the Republic] conducts diplomatic negotiations personally or through the competent minister, and concludes treaties through chosen plenipotentiaries with Consejo de Ministros [Council of Ministers] approval and subsequent legislative approval. Treaties cannot impair Arts. 37–39 and must provide for arbitramento [arbitration] of differences over interpretation or execution. Authorized contracts of national interest are made through the competent ministers with Consejo de Ministros [Council of Ministers] approval and submitted to the Congreso [Congress]. Entry of foreigners may be prohibited and expulsion ordered in cases permitted by international law or national legislation. (Art. 100(20–22); cont., 1928, Art. 100(20–22)).
The Presidente de la República [President of the Republic] decrees suspension of garantías constitucionales [constitutional guarantees] in the cases specified in Art. 36. During civil or international war, additional powers permit requesting state assistance, temporarily relocating federal powers, ordering prosecution for traición a la Patria [treason against the Nation], reorganizing Estados [States] controlled by rebels or participating in rebellion, and issuing patentes de corso [letters of marque] and authorizing represalias [reprisals]. (Art. 100(23); cont., 1928, Art. 100(24)).
During an official visit with some or all Ministros del Despacho [Cabinet Ministers] to Estados [States] or Territorios Federales [Federal Territories], the seat of the Poder Ejecutivo Federal [Federal Executive Power] is the place where the Presidente de la República [President of the Republic] is located; the visit decree regulates routine administration in Caracas. The Presidente de la República [President of the Republic] may use the fuerza pública [public force] to end armed conflict between Estados [States] after good offices fail, exercise functions delegated by state constitutions, grant indultos [pardons], and order the issue of titles granting or leasing tierras baldías [ungranted public lands] and concesiones mineras [mining concessions]. (Art. 100(24–28); cont., 1928, Art. 100(25–29)).
The annual Mensaje [Message] is presented personally or through a minister within the first ten days of ordinary sessions and accounts for acts of administration and the condition of the Republic. (Art. 101, first paragraph; cont., 1928, Art. 101, first paragraph).
In the final year of the presidential term, the Mensaje [Message] is presented on 19 April or left signed with the acting president for transmission when the Congreso [Congress] meets. (Art. 101, final paragraph; cont., 1928, Art. 101, final paragraph).
The Presidente de la República [President of the Republic] is responsible only for traición a la Patria [treason against the Nation] and ordinary offences. (Art. 102; cont., 1928, Art. 102).
The Ministros del Despacho [Cabinet Ministers] are the legally required organs through which presidential powers are exercised. The law fixes their functions and organizes their departments. Presidential decrees require countersignature by the competent ministers, who issue the resolutions and orders within the presidential powers. Without that requirement presidential dispositions have no effect, except ministerial appointments and designation of an acting minister under Art. 100(6). A freely appointed and removable Gobernador del Distrito Federal [Governor of the Federal District] is the presidential organ for administration of the Distrito Federal [Federal District]. (Arts. 104–105; cont., 1928, Arts. 104–105).
A Ministro del Despacho [Cabinet Minister] must be Venezuelan by birth, over thirty and in possession of civil and political rights. Decisions are taken in the Gabinete [Cabinet] when the Constitution or laws require it or the Presidente de la República [President of the Republic] convenes it because of the matter’s importance. Otherwise, the competent minister or ministers countersign or execute the presidential decision. (Arts. 106–107; cont., 1928, Arts. 106–107).
Ministers’ acts must conform to the Constitution and laws. Their personal responsibility is not excused by presidential orders, even written orders; responsibility for acts resolved in the Gabinete [Cabinet] is joint. Ministers submit reasoned and documented Memorias y Cuentas [Reports and Accounts] within the first ten days of annual sessions. Ministers may speak in the Chambers and must attend when summoned to provide information. (Arts. 108, 109 (first paragraph), 110; cont., 1928, Arts. 108, 109 (first paragraph), 110).
In the final presidential year, ministers present their Memorias y Cuentas [Reports and Accounts] on 19 April or, if the Cámaras Legislativas [Legislative Chambers] have not yet assembled, leave them with the acting president for transmission when the Congreso [Congress] meets. (Art. 109, final paragraph; cont., 1928, Art. 109, final paragraph).
POW-JUD—Judiciary
The Poder Judicial [Judicial Power] resides in the Corte Federal y de Casación [Federal and Cassation Court] and the other courts established by law. Jueces Federales [Federal Judges] are appointed for a fixed period and cannot be removed during it except in cases prescribed by law. (Arts. 116–117; cont., 1928, Arts. 116–117).
The Corte Federal y de Casación [Federal and Cassation Court] consists of seven Vocales [Members of the Court], Venezuelans by birth, over thirty and lawyers of the Republic, serving seven years. At the end of their term they remain until their replacements take office. The Court acts in Salas [Divisions of the Court], whose membership is fixed by law. (Art. 118; cont., 1928, Art. 118).
The Congreso [Congress] elects each of the seven Vocales [Members of the Court] separately by absolute majority during the first thirty days of sessions in the year beginning the constitutional term. At the same sitting it elects seven numbered Suplentes [Alternates], who fill temporary and permanent vacancies in that order. The Court fills incidental absences under the law. The Congreso [Congress] completes a depleted list of Suplentes [Alternates], placing the new appointees at its end; successive excuses from service without resignation are treated as incidental absences. (Art. 119; cont., 1928, Art. 119).
The Court hears accusations against the Presidente de la República [President of the Republic] or acting president, Ministros del Despacho [Cabinet Ministers], the Procurador General de la Nación [Procurator General of the Nation], the Gobernador del Distrito Federal [Governor of the Federal District] and its own members, and against state presidents and other high state officials designated by state law. It hears civil and criminal cases involving diplomatic officials where international law permits, and criminal cases concerning Venezuelan diplomatic agents’ misconduct abroad. (Art. 120(1–4); cont., 1928, Art. 120(1–4)).
Its jurisdiction includes the recurso de casación [appeal in cassation], other appeals assigned by law, causas de presas [prize cases], disputes among the specified political officials and federal or state entities, and conflicts of judicial competence where no other authority exists to decide them. (Art. 120(5–8); cont., 1928, Art. 120(5–8)).
The Court declares the nulidad [nullity] of national or state laws conflicting with the Constitution, limiting nullity to the conflicting provisions unless their connection with the rest requires invalidation of the whole law. It determines which national or state law, or which conflicting provisions of one law, must prevail. It annuls legislative or executive acts violating state rights or autonomy and state or municipal acts violating the specified restrictions on revenue powers. (Art. 120(9–11); cont., 1928, Art. 120(9–11)).
The Court annuls executive Decretos [Decrees] and Reglamentos [Regulations] that alter the spirit, reason or purpose of laws, and acts within Arts. 42–43 issued by national authorities, authorities of the Distrito Federal [Federal District] or high state officials. A ministerial resolution concerning execution, interpretation or lapse of a federal contract requires the procedure in Art. 120(13). (Art. 120(12); cont., 1928, Art. 120(12)).
In juicio contencioso [contentious proceedings], the Court decides disputes between the Nation and contractors or concessionaires concerning nullity, lapse, termination, scope, interpretation or performance of federal contracts, concesiones mineras [mining concessions] and grants of tierras baldías [ungranted public lands], including refusals of titles claimed as due. Matters reserved by the law applicable at the time to executive decision without judicial recourse remain excepted. Subject to treaties and statutory conditions, the Court gives foreign judgments enforceable effect and hears statutory claims for damages and other monetary claims against the Nation. (Art. 120(13–15); cont., 1928, Art. 120(13–15)).
The Court decides the boundary disputes specified in Art. 11. (Art. 120(16); cont., 1928, Art. 120(16)).
On 19 April at the beginning of each federal term, the Court designates a principal member or alternate to take charge of the executive under Art. 103. A principal member leaves the Court upon taking executive office. The person designated continues until the elected Presidente de la República [President of the Republic] takes office, even if the Court is renewed in the meantime. (Art. 120(17); cont., 1928, Art. 120(17)).
Other matters of federal competence may be assigned to the Court by the Constitution and laws. (Art. 120(18); cont., 1928, Art. 120(18)).
For accusations under Art. 120(1–2), the Court summarily decides whether there are grounds for formación de causa [commencement of criminal proceedings], considering the evidence submitted and evidence it orders obtained. An affirmative decision suspends the official during the case; a negative decision ends proceedings. Ordinary offences pass to the competent ordinary court, while political offences remain before the Court through final judgment. The Court sends the Congreso [Congress] an annual report of its work and proposed legislative reforms. (Arts. 121–122; cont., 1928, Arts. 121–122).
Federal judicial competence includes the Court’s assigned cases, ordinary justice in the Distrito Federal [Federal District], Territorios Federales [Federal Territories] and Dependencias Federales [Federal Dependencies], and Tribunales Federales [Federal Courts] acting even within Estados [States] in cases involving the Nation, military proceedings, tierras baldías [ungranted public lands], mines, salinas [saltworks], federal taxation and other cases determined by law. The law may entrust federal judicial functions to Tribunales de los Estados [State Courts]. (Art. 15(7); cont., 1928, Art. 15(7)).
The Ministerio Público Federal [Federal Public Ministry] represents the Ejecutivo Federal [Federal Executive] before federal and state courts when required by the Constitution and laws. It is headed by the Procurador General de la Nación [Procurator General of the Nation], freely appointed and removable by the Presidente de la República [President of the Republic], with subordinate appointments governed by law. It supervises lawful application in criminal cases and cases involving the Fisco Nacional [National Fisc], public order or public morals; supplies legal opinions to the executive or the Court; exercises the Ministerio Fiscal [Prosecutorial Office] in Art. 120(1–3) cases; and represents the Nation in litigation. The Procurador General de la Nación [Procurator General of the Nation] follows lawful executive instructions transmitted through the competent ministry. (Arts. 111–115; cont., 1928, Arts. 111–115).
At the request of the Ejecutivo Federal [Federal Executive], the Procurador General de la Nación [Procurator General of the Nation] brings accusations before the competent authority against officials whose conduct gives grounds for prosecution. (Art. 114(3); cf. 1928, Art. 114(3): “an accusation against federal officials who give grounds for being prosecuted”).
POW-SUB—Subnational Government
The Estados [States] recognize one another’s autonomy and political equality and retain soberanía [sovereignty] not delegated by the Constitution. Their first duty and that of the Federation is preservation of national independence and integrity. They cannot break national unity, ally with foreign powers, request their protection or cede territory to them. National and state government is republican, federal, democratic, elective, representative, responsible and alternating. (Arts. 12–13; cont., 1928, Arts. 12–13).
The Estados [States] are divided into Distritos [Districts] with autonomía municipal [municipal autonomy], independent of state political power in their administrative affairs within constitutional restrictions. During foreign or internal war, a state executive may assume district administration under the state constitution. (Art. 14; cont., 1928, Art. 14).
The Estados [States] adopt constitutions and laws organizing their public powers, elect those powers under their constitutions and laws, and may delegate specified functions to the Presidente de la República [President of the Republic]. They may retain or change their names. They administer civil and criminal justice through their own courts except in matters reserved to federal judges; their judgments are reviewed only by the Corte Federal y de Casación [Federal and Cassation Court] through the remedies and with the effects prescribed by law. (Art. 17(1–3, 5); cont., 1928, Art. 17(1–3, 5)).
The Municipalidades [Municipalities] organize police, food supplies, cemeteries, municipal ornamentation, civil architecture, street lighting, aqueducts, urban tramways and other municipal services. They administer ejidos [municipal common lands] and other municipal lands, which cannot thereafter be alienated except for construction. (Art. 18(1–2); cont., 1928, Art. 18(1–2)).
Hygiene services follow federal health laws and regulations and remain “under the supreme inspection of the federal sanitary service”. (Art. 18(1); cf. 1928, Art. 18(1): “under the inspection of the federal sanitary service”).
The Estados [States] must comply with and execute the federal Constitution, laws and lawful federal orders. The Estados [States] and Municipalidades [Municipalities] give full faith and execution to public and judicial acts from federal authorities, other Estados [States] and the Distrito Federal [Federal District]. (Arts. 16, 19; cont., 1928, Arts. 16, 19).
Federal judges, public prosecutors, administrative and revenue officials, and forces assigned to borders, public peace, garrisons, arsenals, coasts and ports may operate within the Estados [States]. Their jurisdiction is limited to their functions; they have no special personal jurisdiction or privilege distinguishing them from other residents. Estados [States] cannot impose duties incompatible with their federal service. The federal government may build the works needed for its administration. (Arts. 20–21; cont., 1928, Arts. 20–21).
The Estados [States] must prevent recruitment or levies intended to attack another nation’s peace, liberty or independence, or disturb internal peace. They cannot make war on one another and must remain neutral in disputes among other Estados [States] until required to act by the federal government. (Arts. 22–23; cont., 1928, Arts. 22–23).
Two or more Estados [States] may unite to form a single Estado [State], while retaining the freedom to recover their autonomy. In either case they notify the federal executive, the Congreso [Congress] and the other Estados [States]. (Art. 25; cont., 1928, Art. 25).
Official acts and documents of the Nation, Estados [States], Distrito Federal [Federal District], Territorios Federales [Federal Territories] and Municipalidades [Municipalities] must carry the calendar date and the years of Independence, counted from 19 April 1810, and Federation, counted from 20 February 1859. (Art. 26; cont., 1928, Art. 26).
Poder Público [Public Power] is distributed among federal, state and municipal authorities within constitutional limits. The Poder Federal [Federal Power] is divided into legislative, executive and judicial branches. (Art. 51; cont., 1928, Art. 51).
CON-AMD—Amending the Constitution
Total or partial reform is declared by the Congreso [Congress] in ordinary sessions upon requests from three-quarters of the state Asambleas Legislativas [Legislative Assemblies], likewise meeting in ordinary sessions. Amendments and additions may address only points upon which a majority of Estados [States] agree. (Art. 123; cont., 1928, Art. 123).
Amendments and additions follow the procedure for enacting laws. Once the Congreso [Congress] approves them, its presiding officer submits them to the Asambleas Legislativas [Legislative Assemblies] for final ratification. (Arts. 124–125; cont., 1928, Arts. 124–125).
The Congreso [Congress] may also initiate amendments or additions under the procedure in Arts. 124–125; they are enacted upon ratification by two-thirds of the state Asambleas Legislativas [Legislative Assemblies]. Whether the initiative originated in the Asambleas Legislativas [Legislative Assemblies] or the Cámaras Legislativas [Legislative Chambers], the final state votes return to the Congreso [Congress] for scrutiny. (Arts. 126–127; cont., 1928, Arts. 126–127).
CIV-SUF—Suffrage
The right of sufragio [suffrage] makes Venezuelans over twenty-one who are not subject to interdicción [judicial interdiction] or a criminal conviction involving inhabilitación política [political disqualification] electors and eligible for public office, subject to constitutional restrictions and statutory requirements of competence or capacity for particular offices. (Art. 32(12); cont., 1928, Art. 32(12)).
State constitutions must provide direct, secret voting for Concejos Municipales [Municipal Councils], Asambleas Legislativas [Legislative Assemblies] and Diputados [Deputies], using the Censo electoral [Electoral Register] under federal law. Diputados [Deputies] are directly elected; Senadores [Senators] are chosen by the state Asambleas Legislativas [Legislative Assemblies] from outside their membership. The Congreso [Congress] elects the members and alternates of the Corte Federal y de Casación [Federal and Cassation Court]. (Arts. 17(1), 56, 58, 60, 119; cont., 1928, Arts. 17(1), 56, 58, 60, 119).
The Congreso [Congress] elects the Presidente de la República [President of the Republic]. (Art. 96; cont., 1928, Art. 96).
The constitutional age requirement is completion of twenty-one years for a deputy and age over thirty for a senator. The Presidente de la República [President of the Republic] must be over thirty, Venezuelan by birth, of estado seglar [lay status] and in possession of civil and political rights. (Arts. 57, 61, 95; cont., 1928, Arts. 57, 61, 95).
The Congreso [Congress] elects both the Presidente de la República [President of the Republic] and the Comandante en Jefe del Ejército Nacional [Commander-in-Chief of the National Army] for the period 1929–1936 immediately after enactment of the Constitution; both swear the oath before it. (Arts. 128–129; new).
Troops must remain in barracks during electoral periods. (Art. 47; cont., 1928, Art. 47).
CIV-CIT—Citizenship
Venezuelan nacionalidad [nationality] belongs by birth and is acquired by naturalización [naturalization]. Those born in national territory and children of Venezuelan parents, wherever born, are Venezuelan by birth. (Arts. 27–28; cont., 1928, Arts. 27–28).
Art. 29(1) includes adult children born abroad to a father or mother who are Venezuelan by naturalización [naturalization], if they establish domicile in the country and declare their intention to be Venezuelan. (Art. 29(1); cf. 1928, Art. 29(1): “of a father and mother who are Venezuelan by naturalización [naturalization]”).
This comparison records the conjunction printed in each CIDEP recension; it does not establish whether the variant originated in the enacted instrument or in its reproduction.
The remaining categories are persons born in the Ibero-American republics who establish residence and declare their intention to be Venezuelan; foreigners obtaining a carta de naturaleza [certificate of naturalization] under the law; and a foreign woman married to a Venezuelan while the marriage subsists, or who, within one year after its dissolution, declares her intention to remain Venezuelan. (Art. 29(2–4); cont., 1928, Art. 29(2–4)).
The declarations under Art. 29(1), (2) and (4) are made before the Registrador Principal [Principal Registrar] for the jurisdiction where the person establishes domicile. The declaration is entered in the Protocolo [Register] and copied to the Ejecutivo Federal [Federal Executive] for official publication after the procedures required by law. nacionalidad [nationality] is not acquired before that publication. (Art. 30; cont., 1928, Art. 30).
Venezuelans must defend the country and obey the Constitution, laws and lawful implementing orders. They cannot undertake service against Venezuela and, if they do, are punishable as traitors under the law. The law fixes foreigners’ rights and duties, which cannot exceed those of Venezuelans. Foreigners participating in Venezuelan political contests incur the same responsibilities as Venezuelans and the measures specified by the charter. (Arts. 31, 37–38; cont., 1928, Arts. 31, 37–38).
Neither nationals nor foreigners may claim compensation from the Nation, Estados [States] or Municipalidades [Municipalities] for damage, loss or expropriation not carried out by legitimate authorities acting in their public capacity. (Art. 39; cont., 1928, Art. 39).
RTS-GAR—Rights
Life is inviolable, and no law or authority may establish or impose the pena de muerte [death penalty]. Property is subject to lawful contributions and taking for works of public utility through juicio contradictorio [adversarial proceeding] and indemnización previa [prior compensation], under the law. Owners must obey legislation on public hygiene, conservation of forests and waters, and comparable community requirements. (Art. 32(1–2); cont., 1928, Art. 32(1–2)).
Postal and telegraphic correspondence and private papers are inviolable; seizure requires a competent judicial order and legal formalities, preserving secrecy for domestic and private matters unrelated to the case. The home may be entered only to prevent the commission or completion of an offence, execute lawful judicial decisions or carry out lawful sanitary visits. (Art. 32(3–4); cont., 1928, Art. 32(3–4)).
Personal liberty includes abolition of reclutamiento forzoso [compulsory recruitment], with military service governed by law; permanent prohibition of slavery and freedom for any enslaved person entering the country; liberty to do what harms no one else; and freedom from obligations not legally imposed or prohibitions not established by law. (Art. 32(5); cont., 1928, Art. 32(5)).
Thought may be expressed orally, in writing or through the press, subject to legal penalties for injuria [insult], calumnia [calumny], difamación [defamation], ultraje [outrage] and instigación a delinquir [incitement to commit offences]. Propaganda of communism is prohibited. (Art. 32(6); cont., 1928, Art. 32(6)).
Persons may travel without a passport, change domicile subject to legal formalities, leave and return to the Republic, and take and bring their property. Work and industry are free subject to public order and public morals. Industrial monopolies are prohibited, subject to the temporary privileges expressly permitted by Art. 32(8). (Art. 32(7–8); cont., 1928, Art. 32(7–8)).
Unarmed public or private assembly is free from coercion by the authorities; association remains subject to statutory restrictions and prohibitions. Petitions to public officials or official bodies carry a right to timely reply. Officials who violate their duties may be accused before competent courts. Freedom of teaching is guaranteed. (Art. 32(9–11, 13); cont., 1928, Art. 32(9–11, 13)).
No person may be imprisoned for debt not arising from an offence or tried by specially created tribunals or commissions instead of their Jueces naturales [legally competent judges] under pre-existing law. Arrest or detention requires a información sumaria [preliminary evidentiary inquiry] establishing an offence carrying a pena corporal [penalty restricting personal liberty] and a written order stating the reason, unless the person is caught in fraganti [in the act of committing the offence]. The sumario [preliminary criminal investigation] may not extend beyond thirty days after detention. (Art. 32(15)(a–c); cont., 1928, Art. 32(15)(a–c)).
No person may be held incommunicado or compelled to swear or undergo criminal interrogation against themselves, their ascendants, relatives within the fourth degree of consanguinity or second degree of affinity, or their spouse. Detention must end when a final judicial decision destroys its grounds or sufficient fianza [bail] is furnished in cases where provisional release is permitted by law. (Art. 32(15)(d–f); cont., 1928, Art. 32(15)(d–f)).
Criminal punishment requires personal notification of the charges and a hearing in the legal form. A pena corporal [penalty restricting personal liberty] cannot exceed twenty years. penas infamantes [infamous penalties] and perpetual penalties, including those not restricting personal liberty, are prohibited. No person may be tried twice for the same offence. (Art. 32(15)(g–i); cont., 1928, Art. 32(15)(g–i)).
All are subject to the same laws, equal legal protection throughout national territory, and equal duties, services and contributions; exemptions require legal authorization. Titles of nobility, hereditary distinctions and offices paying beyond the duration of service cannot be granted. Official address is limited to ciudadano [citizen] and usted [you, in formal address], except diplomatic formulas. (Art. 32(16); cont., 1928, Art. 32(16)).
Enumeration of rights does not deny other rights belonging to citizens. Federal laws, state constitutions and laws, and municipal ordinances impairing guaranteed rights are null, as declared by the Corte Federal y de Casación [Federal and Cassation Court]. Persons issuing, signing, executing or ordering rights-violating measures are punishable under the law, subject to the exception for competent official measures in the circumstances of Art. 36. (Arts. 33–35; cont., 1928, Arts. 33–35).
During international war, civil war or imminent danger of either, the Presidente de la República [President of the Republic] in the Consejo de Ministros [Council of Ministers] declares the circumstance and suspends garantías constitucionales [constitutional guarantees] nationally or in the area specified, until peace is restored. Life remains inviolable and infamous punishments remain prohibited. confiscación [confiscation] is prohibited except as reciprocal represalias [reprisals] against nationals of an enemy country that has first confiscated Venezuelans’ property. (Art. 36(1–2); cont., 1928, Art. 36(1–2)).
Nationals or foreigners opposing the preservation or restoration of peace may be arrested, subjected to confinamiento [confinement to a specified locality] or expelled. These measures cease with the circumstances giving rise to them, except that the executive may leave an expulsion of foreigners in force. (Art. 36(3); cont., 1928, Art. 36(3)).
soberanía [sovereignty] resides in the people and is exercised through public powers. Defined functions limit those powers, and excess constitutes usurpation. The law regulates nulidad [nullity] for acts exceeding authority; decisions exacted by force or by a public gathering in a subversive attitude are null. Officials incur individual responsibility for excess of authority or breach of the law governing their office, subject to Art. 102, and remain punishable for other offences. (Arts. 40–44; cont., 1928, Arts. 40–44).
One person cannot hold more than one remunerated public office; acceptance of the second constitutes resignation from the first. Exceptions cover alternates before replacing a principal and employment in academies, hospitals, incidental courts and educational institutions. The law regulates the oath taken by national officials upon assuming office. (Arts. 46, 53; cont., 1928, Arts. 46, 53).
REG-MIL—The Military
The Ejército [Army], Armada [Navy] and Aviación Militar [Military Aviation] belong to federal competence. Estados [States] and Municipalidades [Municipalities] may maintain only police and prison guards, except forces organized on federal orders. The Ejército [Army] is formed from contingents drawn proportionately to population from the Estados [States], Distrito Federal [Federal District], Territorios Federales [Federal Territories] and Dependencias Federales [Federal Dependencies]. The law regulates milicias ciudadanas [citizen militias] and may establish enganches por contrato [contractual enlistment]. All war matériel in or introduced into the country belongs to the Nation. (Art. 15(8); cont., 1928, Art. 15(8)).
Civil and military authority cannot be exercised simultaneously by one official except the Presidente de la República [President of the Republic], or a civil official given military functions by law during war. The fuerza armada [armed force] may not deliberate; it is passive and obedient. Armed bodies may seek requisitions or assistance only through civil authorities in the manner fixed by law. Troops remain in barracks during elections, and commanders violating these rules are punishable. (Arts. 45, 47; cont., 1928, Arts. 45, 47).
reclutamiento forzoso [compulsory recruitment] is abolished and military service follows the law. The Cámara del Senado [Senate] consents to promotions from Coronel [Colonel] and Capitán de Navío [Naval Captain], inclusive. The Congreso [Congress] legislates on formation and replacement of land and sea forces. (Arts. 32(5)(a), 62(3), 78(15); cont., 1928, Arts. 32(5)(a), 62(3), 78(15)).
For the current constitutional period, the Congreso [Congress] elects a Comandante en Jefe del Ejército Nacional [Commander-in-Chief of the National Army], who commands the Ejército [Army], Aviación [Aviation] and Marina [Navy] and fixes the numbers of land and sea forces. The separate military-command power formerly numbered 23 is not present in Art. 100; its remaining powers from suspension of guarantees onward are numbered 23–29. (Arts. 100, 128; cf. 1928, Art. 100(23): “To direct war and command the Ejército [Army] and Armada [Navy] personally, or appoint whoever is to do so”).
The Presidente de la República [President of the Republic] exercises Art. 100(1, 4, 17, 18, 23, 25, 27) in agreement with the Comandante en Jefe del Ejército Nacional [Commander-in-Chief of the National Army]. Both offices are elected immediately after enactment for 1929–1936 and take their oaths before the Congreso [Congress]. (Arts. 128–129; new).
Art. 128 names powers 1, 4, 17, 18, 23, 25 and 27 of “Article 100 of the Constitution”. Art. 128 separately assigns military command to the Comandante en Jefe del Ejército Nacional [Commander-in-Chief of the National Army]. (Art. 128; new).
In Art. 100 of 1929, powers 23, 25 and 27 concern suspension of guarantees and the stated wartime measures, force in armed conflict between Estados [States], and indultos [pardons], respectively. (Art. 100(23, 25, 27); cont., 1928, Art. 100(24, 26, 28)).Art. 100: powers 23, 25 and 27 in the two recensionsPower1928, Art. 1001929, Art. 10023cf. 1928, Art. 100(23): “To direct war and command the Ejército [Army] and Armada [Navy] personally, or appoint whoever is to do so […]”“To decree the suspension of guarantees in the cases provided in Article 36 […]”25cf. 1928, Art. 100(25): “To undertake an official visit, together with all or some of the Ministros del Despacho [Cabinet Ministers], to specified Estados [States] of the Union and Territorios Federales [Federal Territories]. […]”“To use the fuerza pública [public force] to end an armed conflict between two or more Estados [States] when the intervention of his good offices has been ineffective.”27cf. 1928, Art. 100(27): “To exercise, with respect to the Estados [States], the functions they delegate to him in their respective Constitutions.”“To grant indultos [pardons].”
REG-REL—Religion
Religious liberty is guaranteed under the supreme inspection of all forms of worship by the Ejecutivo Federal [Federal Executive] in accordance with law, preserving Patronato Eclesiástico [Ecclesiastical Patronage]. The Nation exercises that right under the Law of 28 July 1824. The Presidente de la República [President of the Republic] must possess estado seglar [lay status]. (Arts. 32(14), 52, 95; cont., 1928, Arts. 32(14), 52, 95).
ECO-INF—Infrastructure
Federal legislation governs civil, commercial, criminal and procedural matters; banks and credit institutions; social provision; Sanidad [Public Health]; conservation and development of forests, waters and other natural resources; labour; marcas de fábrica [trademarks]; literary, artistic and industrial property; public registration; expropiación por causa de utilidad pública [expropriation for public utility]; immigration; naturalización [naturalization]; admission and expulsion of foreigners; and regulation of constitutional guarantees. (Art. 15(4); cont., 1928, Art. 15(4)).
The federal authorities legislate on Instrucción Pública [Public Instruction]. Elementary primary instruction is compulsory and instruction in official institutions is free. National census and statistical work requires state and municipal cooperation; population-based acts use the latest census approved by the Congreso [Congress]. Art. 15(10) expressly includes the Nation, Estados [States], Distrito Federal [Federal District] and Territorios Federales [Federal Territories]. (Art. 15(9–10); cont., 1928, Art. 15(9–10)).
Air, maritime and river navigation, docks and landing works are federal matters. Navigation of rivers and other navigable waters requiring no special works cannot be restricted by taxes or privileges. Correos [Postal Services], Telégrafos [Telegraphs], Teléfonos [Telephones] and wireless communications likewise belong to federal competence. (Art. 15(13, 15); cont., 1928, Art. 15(13, 15)).
National roads are those passing through a Estado [State], the Distrito Federal [Federal District] or a Territorio Federal [Federal Territory] and extending beyond its boundaries. Federal competence also covers aerial haulage cables and railways even within one Estado [State]. Urban tramways and urban haulage cables are conceded and regulated by the respective Municipalidades [Municipalities]. (Art. 15(16); cont., 1928, Art. 15(16)).
Federal competence extends to necessary public works throughout national territory without restricting the right of Estados [States] and Municipalidades [Municipalities] to undertake works on their own account. Federal administrative works within Estados [States] may include forts, docks, warehouses, shipyards, penitentiaries and estaciones de cuarentenas [quarantine stations]. (Arts. 15(19), 21; cont., 1928, Arts. 15(19), 21).
Statutory privilegios temporales [temporary exclusive privileges] may protect intellectual property, patentes de invención [patents of invention] and marcas de fábrica [trademarks], and may authorize railways, aerial navigation enterprises, canals, tramways, telephone or telegraph lines and wireless systems for a limited period. The works must be constructed or installed at the concessionaire’s expense, without guaranteed returns or subsidies from the Nation or Estados [States]. (Art. 32(8); cont., 1928, Art. 32(8)).
Public-interest contracts cannot be transferred, wholly or partly, to foreign governments. They incorporate a clause assigning unresolved disputes to competent Venezuelan courts under Venezuelan law and excluding foreign claims. Such contracts cannot be concluded with, or transferred to, companies not legally domiciled in Venezuela. (Art. 50; cont., 1928, Art. 50).
CON-FIN—Final Provisions
The Congreso [Congress] elects the Comandante en Jefe del Ejército Nacional [Commander-in-Chief of the National Army] for the current constitutional period, with military command and the agreement requirement specified in Art. 128. The elections of the Presidente de la República [President of the Republic] and that commander for 1929–1936 take place as soon as the Constitution is enacted, and both take their oaths before the Congreso [Congress]. (Arts. 128–129; new).
Current officials in the other branches of the Poder Federal [Federal Power] continue until the end of the terms for which they were elected. (Art. 130; cf. 1928, Art. 128: “as soon as this Constitution enters into force, the Congreso [Congress] shall elect the seven principal Vocales [Members of the Court] and seven Suplentes [Alternates] who are to compose it”).
Existing state constitutions continue until the respective Estados [States] repeal them. (Art. 131; cont., 1928, Art. 129).
After scrutiny establishes ratification by the state Asambleas Legislativas [Legislative Assemblies], promulgation takes place with the Ejecútese [Let it be executed] of the Encargado del Poder Ejecutivo [Acting Head of the Executive Power]. The Constitution takes effect on the day of publication in the Gaceta Oficial de los Estados Unidos de Venezuela [Official Gazette of the United States of Venezuela]. (Art. 132; cf. 1928, Art. 130: “with the Ejecútese [Let it be executed] of the Presidente de la República [President of the Republic]”).
The 1928 Constitution is repealed. Art. 133 dates both its adoption and publication to 23 May 1928. The 1929 agreement, constitutional closing and execution formula all bear 29 May 1929; the execution formula is signed J. B. Pérez. (Art. 133; prefatory agreement, closing and execution formulas).
The date printed for adoption in Art. 133 differs from the closing date of 22 May in the CIDEP 1928 recension. Both printed dates are recorded in this edition.
Recension
Centro para la Integración y el Derecho Público [Centre for Integration and Public Law] (CIDEP).
