Causes of Cessation of Office for Deputies and Senators

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Article 60: Cessation of Office for Deputies and Senators

Incompatibility with Representation and Influence

Inc. 4: Representation of Employers or Workers

Deputies and senators shall cease to hold office if they exercise influence with administrative or judicial authorities in favor of or representing employers or workers in negotiations or disputes, whether in the public or private sector, or if they are involved with any party in such matters. This also applies to parliamentary acts or interventions in student activities of any educational level that aim to undermine their normal development.

Inc. 5: Incitement to Public Disorder

Without prejudice to Article 15, No. 19, paragraph seven, deputies and senators shall also cease to hold office if they incite public disorder through written or spoken word, or if they cause changes to the institutional legal order by means other than those established by this Constitution, or if they seriously endanger national security or honor.

Article 90: Duties of the Constitutional Tribunal (TC)

No. 14: Deciding on Disabilities, Incompatibilities, and Cessation of Office

The TC is responsible for deciding on disabilities, incompatibilities, and causes of cessation of office for members of parliament.

Inc. 1: Procedure for No. 1

In the case of No. 1, the originating chamber shall send the respective project to the TC within five days of the total percentage being handled by Congress.

Inc. 18: Procedure for No. 16 and Regulatory Excesses

In the case of No. 16, the court may only hear the matter at the request of either house, made within 30 days of the publication or notification of the contested text. In cases of decrees with defects related to exceeding the autonomous regulatory power of the respective bodies, one-quarter of the members in office may deduct the injunction.

Disabilities for Deputies and Senators

  • Ministers of State
  • Governors, Mayors, and Deputy Secretaries
  • Board members of the Central Bank
  • Judges of the Superior Courts of Justice and Judges of Letters
  • Judges of the TC, the Qualifying Electoral Tribunal, and Regional Electoral Courts
  • The Comptroller General of the Republic
  • Individuals serving as directors of neighborhood or union organizations
  • Individuals and managers or administrators of legal persons holding contracts with the State
  • The National Prosecutor, Regional Prosecutors, and Deputy Prosecutors of the Public Ministry
  • The Commanders-in-Chief of the Army, Navy, and Air Force, the Chief of Police and IDPs, and their respective officers

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