By Which States Of Emergency Are Regulated In Colombia

Original Language Title: Por la cual se regulan los Estados de Excepción en Colombia

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LAW 137 1994
(June 2)
Official Gazette No. 41,379, of June 3, 1994
Whereby states of emergency are regulated in Colombia
Summary Effective Notes. | ||
DECREES: CHAPTER I.


GENERAL PROVISIONS ARTICLE 1o. FIELD OF LAW. This statutory law regulates States Foreign War, Commotion and Emergency Economic, Social and Ecological.
States of emergency only be governed by constitutional provisions, international treaties or conventions on human rights incorporated into national law, and the relevant statutory laws.
Article 2.
. PURPOSE OF THE LAW. This Act is to regulate the powers vested in the Government during states of emergency. These powers may only be used when extraordinary circumstances make it impossible to maintain normal by the ordinary powers of the State.
The Act also aims to establish controls on the exercise of the exceptional powers of the government and guarantees to protect human rights in accordance with international treaties.

ARTICLE 3. PREVALENCE OF INTERNATIONAL TREATIES. In accordance with Article 93 of the Constitution, the International Treaties and Conventions on Human Rights ratified by the Congress of Colombia prevail in the internal order. In any case the rules of international humanitarian law will be respected, as stated in paragraph 2o. Article 214 of the Constitution. The enunciation of rights and guarantees contained in the Constitution and in international agreements in force, should not be construed as a denial of others which, being inherent in the human person, are not expressly mentioned in them.
In case of foreign war, the Government's powers are limited by the Conventions ratified by Colombia and other rules of statutory and customary law governing the matter.
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ARTICLE 4. INTANGIBLE RIGHTS. In accordance with Article 27 of the American Convention on Human Rights and other treaties on the subject ratified by Colombia, during states of emergency are intangible: the right to life and personal integrity; the right not to be subjected to enforced disappearance, torture or to cruel, inhuman or degrading punishment; the right to recognition of legal personality; the prohibition of slavery, servitude and trafficking in human beings; the prohibition of punishment of banishment, life imprisonment and confiscation; freedom of conscience; freedom of religion; the principle of legality, favorability and non-retroactivity of criminal law; the right to elect and be elected; the right to marry and family protection, child rights, protection by their family, society and the state; the right not to be sentenced to imprisonment for civil debt; the right to habeas corpus and the right of Colombians by birth not to be extradited. Effective Notes

Nor they may be suspended
essential judicial guarantees for the protection of such rights.
In accordance with paragraph b) of Article 29 of the American Convention on Human Rights, no provision of the Convention may be interpreted to limit the enjoyment and exercise of any right or freedom that may be recognized in accordance with the laws of any State party or in accordance with another convention entered into by one of these states. PARAGRAPH 1.
. GUARANTEE OF FREE AND PEACEFUL POLITICAL ACTIVITY. Rights to form parties, movements and political groups, to join them, to participate in its lawful activities and make opposition may be exercised freely in compliance with the Constitution and without resort to any form of violence.
PARAGRAFO 2o. To ensure the realization of the right to peace, in exercise of the powers under the State of Internal Commotion, may be issued exceptive measures to facilitate the reintegration of politicians to civilian life criminals, and to remove obstacles administrative, budgetary or legal .
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The 5th ITEM. PROHIBITION TO SUSPEND RIGHTS. Limitations on rights may not be so burdensome that involve the denial of human dignity, privacy, freedom of association, the right to work, the right to education, freedom of expression and other rights human rights and fundamental freedoms that can not be suspended in any state of emergency.
Nor they may be suspended
essential judicial guarantees for the protection of such rights. However the rights enshrined in Article 29 of the Constitution shall be guaranteed.

ARTICLE 6o. LACK OF REGULATION. If necessary limit the exercise of any non intangible right, not subject to this law may not affect its essential core and must establish safeguards and controls for its exercise.

ARTICLE 7. TERM OF THE RULE OF LAW. In no case may affect the core of fundamental rights. The state of emergency is a regime of law and therefore can not make arbitrary pretext of statement.
When a right or fundamental freedom may be restricted or pursue regulated by legislative decrees states of exception, these may not affect the core of such rights and freedoms.

Article 8. EXPRESS JUSTIFICATION FOR THE LAW LIMITING. Emergency regulations must state the reasons why each of the limitations of constitutional rights so that would demonstrate the relationship of connectedness with the causes of the disturbance and the reasons why are imposed are necessary.

Article 9. USE OF POWERS. The powers that this law refers to can not always be used that has been declared a state of emergency but only when the principles of purpose, necessity, proportionality, motivation of incompatibility are met, and the conditions and requirements are given to which refers this law.

ARTICLE 10. PURPOSE. Each of the measures taken in the legislative decrees shall be directly and specifically designed to deal with the causes of the disturbance and prevent the spread of its effects.
ARTICLE 11.
NEED. The legislative decrees should clearly express the reasons why each of the measures is necessary to achieve the goals that led to the declaration of a state of corresponding exception.

ARTICLE 12. INCOMPATIBILITY MOTIVATION. Legislative decrees that suspend laws must state the reasons which are incompatible with the corresponding state of emergency.

ARTICLE 13. PROPORTIONALITY. The measures issued during states of emergency should be proportional to the seriousness of the facts seeking conjure.
The limitation on the exercise of rights and freedoms is admissible only in the extent strictly necessary to seek the return to normal.

ARTICLE 14. NON-DISCRIMINATION. The measures taken during states of emergency may not involve discrimination, based on reasons of race, language, religion, national or family origin, political or philosophical opinion. This does not preclude the adoption of measures in favor of members of rebel groups to facilitate and ensure their incorporation into civilian life.
The Attorney General's Office, in developing its constitutional function, ensure respect for the principle of non-discrimination enshrined in this article, in relation to the concrete measures taken during states of emergency. To do so it will take action, from the corrective, to dismissal, depending on the seriousness of the offense and by special procedure, without prejudice to the right of defense. Effective Jurisprudence


ARTICLE 15. PROHIBITIONS. In addition to the prohibitions contained in this law, in states of emergency in accordance with the Constitution, it can not be:
a) suspend human rights and fundamental freedoms;
B) disrupt the normal functioning of the branches of government or state bodies;
C) delete or modify the form or the basic functions of indictment and trial.

ARTICLE 16. INFORMATION ABOUT INTERNATIONAL ORGANIZATIONS. According to Article 27 of the American Convention on Human Rights and Article 4o. the International Covenant on Civil and Political Rights, the day after the declaration of a state of emergency, the Government sent to the Secretary General of the Organization of American States and the Secretary General of the United Nations, a communication to give notice to the States parts of the treaties mentioned, the declaration of a state of emergency, and the reasons that led to it. Legislative decrees that limit the exercise of rights must be made known to the authorities. Like communication should be sent when it lifted the state of emergency.


ARTICLE 17. INDEPENDENCE AND COMPATIBILITY. States of Exception by foreign war, internal unrest and economic, social and ecological emergency are independent. His declaration and measures under them are adopted, be adopted separately.
This independence does not preclude that may be designated simultaneously several of these states, provided that the conditions exist Constitutional accordance with the appropriate legal procedures.

ARTICLE 18. PRESENCE OF THE PRESIDENT OF THE REPUBLIC. When during states of emergency the President thinks fit its presence in the Congress sessions, you can attend prior written to the President of the respective Chamber who have pertinent for the date and time indicated communication.
If your intervention debates arise, they must be in another session and not force their presence. In any case they must respond Ministers that they be summoned for this purpose.

ARTICLE 19. PROHIBITION OF PLAY RULES. No decree declared unconstitutional may be reproduced by the Government, unless after the judgment or decision, have disappeared fundamentals that originated it.
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PARAGRAFO. INEXEQUIBLE said.
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ARTICLE 20.
legality. The general measures as may be issued in the exercise of administrative functions and as development of legislative decrees during states of emergency, will have an immediate judicial review exercised by the authority of administrative litigation in the place where issued if case of territorial entities or the Council of State if those deriving from national authorities.
The competent authorities to issue administrative acts sent to the indicated administrative courts, within forty-eight (48) hours after shipment. Subparagraph
3o. INEXEQUIBLE.
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ARTICLE 21. POWERS OF JUDICIAL FUNCTIONS ACCURATE TO CIVIL AUTHORITIES. Where there are places where there are no judges or they can not, by the severity of the disturbance, exercise his functions, the government, by legislative decree, may determine that the executive civil authorities exercising judicial functions, which must be clearly-determined, and different to investigate and prosecute crimes. The orders handed down by such authorities may be reviewed by a judicial body in accordance with the procedure specified by the legislative decree.
CHAPTER II.
STATE OF FOREIGN WAR

ARTICLE 22. DECLARATION OF STATE OF FOREIGN WAR. To attain the objectives described in Article 212 of the Constitution, the President, with the signature of all the Ministers, once the Senate has obtained authorization for the declaration of war, you may declare a state of foreign war.
The decree declaring the state of foreign war shall state the reasons for the declaration.
In no case it may declare a state of foreign war to face internal causes of serious disturbance.

ARTICLE 23. SENDING TROOPS ABROAD. In compliance with international treaties, the Government may send troops abroad to assist the defense of a State victim of armed aggression, without being necessary to declare the state of foreign war.
In this case, you must file a report to the Senate.

ARTICLE 24. CASE OF AGGRESSION EXTERNAL. Report to Congress. When necessary to repel an external aggression the President, with the signature of all the ministers, you may declare a state of foreign war, without prior approval of the Senate.
If Congress is not in session, will meet in its own right within the declaration of state of foreign war and the government immediately render a reasoned report on the reasons that led to the declaration and measures three-day they have taken to repel aggression.

ARTICLE 25. GENERAL POWERS. Under the declaration of state of foreign war, the Government shall exercise the powers strictly necessary to repel aggression, defend the sovereignty, meet the requirements of war and reestablish normality.

ARTICLE 26 EXPROPRIATION AND OCCUPATION. In accordance with Article 59 of the Constitution, the Government may decree expropriation without compensation, when necessary to meet the requirements of war.

The property may be occupied only temporarily to meet the needs of war or to assign it its products.
The legislative decree that establishes these measures indicate the procedure to fix the amount of damages caused by reason of expropriation and establish ways to ensure accountability of the state. In any case the request from the decision will be reviewed by the administrative courts.
ARTICLE 27.
MEDIA. The Government may establish by decree legislative restrictions on the press, radio or television, to disclose information that may hinder the effective conduct of military operations, putting in danger the lives of people or clearly improve the position of the enemy, conduct which they will be sanctioned by serious social irresponsibility, with the measures provided in the respective decree.
When using radio, television, or film screenings, can affect seriously and imminently effective development of military operations, or propaganda, the government disclosed the benefit of the enemy or his apology is made, as response to the serious social irresponsibility that these behaviors behave, suspend or emissions projections and punish offenders, under the terms of the relevant legislative decrees.
The Government may use the television or radio frequencies when necessary.
The Government may temporarily suspend radio services of public or private networks.
All these determinations will be subject to scrutiny by the Constitutional Court.
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PARÁGRAFO. Under no circumstances may these measures, establish censors previous meetings.
Without prejudice to the powers granted in this Act, during the state of foreign war, legally recognized journalistic guilds, they will constitute self courts for exercising the right to information.

ARTICLE 28. LIMITATIONS ON FREEDOM of movement and residence. In order to protect the lives of the people and facilitate the operations of war, the Government may restrict the movement and residence of people in areas of the country.
Also, you can set special areas of movement and residence, only to ensure the protection of the population that may be affected by the actions of this armed conflict. No one may be driven by force to special areas, or forced to remain in them.
In this case the Government shall provide the necessary resources to ensure conditions of accommodation, transport and maintenance of those affected. Weekly
the Ministry of Government send a detailed report to the Attorney General's Office report on the number of people concerned, their identity, date of admission, the conditions found, the responsible authorities and actions taken to protect their rights also reports it deems necessary holders of those official bodies.
ARTICLE 29.
national mobilization. During the state of foreign war the Government may declare a national mobilization in whole or in part, to adapt to the needs of the war the resources and services required.
When the nature and extent of the conflict so determined, the Government may enact military mobilization, in which case the security forces, civil defense and state security agencies, will be supported by all means available the Nation, to guarantee the resources and services required.
In any case and in accordance with the Constitution, Colombians by adoption and foreigners resident in Colombia may not be forced to take up arms against their country of origin; neither will Colombians nationalized in a foreign country, against the country of his new nationality.

ARTICLE 30. MILITARY SERVICE. The Government may temporarily modify the ordinary rules governing compulsory military service.

ARTICLE 31. REPORTS TO CONGRESS. While under the State Foreign War the Government should periodically perform motivated to Congress on legislative measures adopted reports, its implementation and developments. In any case you will have to do at least every thirty (30) days.


ARTICLE 32. CONTROL OF CONGRESS legislative authority. Congress may amend or repeal, at any time, legislative decrees issued by the government during the state of foreign war, with the favorable vote of two thirds of the members of both chambers.
During the debates, Congress may invite the President and will present itself or send a message to explain the need for measures that are to be repealed or reformed.
In any case, the provisions repealed by Congress may subsequently be reproduced by the Government during the term of the State for which they were issued, unless Congress expressly empowered to do so.

ARTICLE 33. ADDITIONAL POWERS. Addition to those established for foreign war powers, the government will have those granted by the Constitution and statutory laws governing the matter, during the State of Emergency, provided they are related to the causes that led to its declaration.
CHAPTER III. STATE

Commotion
ARTICLE 34. DECLARATION OF THE STATE OF SHOCK INTERIOR. When a serious disturbance of public order that threatens imminent threat to institutional stability, state security or the life of society, which can not be averted by using the ordinary powers of the police authorities are present, in accordance with Article 213 of the Constitution, the President of the Republic, with the signing of all Ministers may declare a State of Emergency.
The declaratory decree shall determine the territorial scope of the Internal Commotion and its duration, which may not exceed 90 days.
ARTICLE 35.
EXTENSIONS. In accordance with Article 213 of the Constitution, the Government may extend the State of Internal Commotion up to two periods of ninety days, the second of which will require the prior approval of the Senate concept.
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ARTICLE 36. GENERAL POWERS. Under the declaration of the State of Emergency, the Government may suspend laws incompatible with this state shall have the powers strictly necessary to deal with the causes of the disturbance and prevent the spread of its effects. These powers include other consecrated by the Constitution and this law.

ARTICLE 37. SPECIAL RESEARCH UNITS. Special units created for the Attorney General's Office exercises the option that refers to the 4th paragraph. Article 251 of the Constitution, can not be integrated by the military.

ARTICLE 38. POWERS. During the State of Emergency, the Government will also have the power to adopt the following measures:
a) Restrict, without affecting its essential core, the right of movement and residence. In that respect it may be limited or prohibited generically circulation or stay of persons or vehicles in hours and certain places you can; obstruct the action of the security forces, with a view to restoring public order.
In the respective territorial entity it may also be imposed curfew.
It may also require certain persons to communicate with a two-day advance, any travel outside the locality who have their habitual residence. PARAGRAPH 1.
. When this measure be applied in rural areas, the Government may issue special permits in order to ensure the free movement of persons concerned whenever their residences or areas where they exercise their commercial, economic or professional activity. PARAGRAPH 2.
. There shall in no case ordered the uprooting or internal exile.
B) temporarily use goods and impose the provision of technical and professional services. This power only, can be applied when there are goods and services official or any alternative means to protect fundamental rights or when it is urgent to ensure the life and health of people. In any case the State liable for damage caused to property used by full compensation. When the use affects indispensable to the survival of those goods, the authority simultaneously with this, shall provide the necessary measures to offset the harmful effects of use.
Simultaneously
shall draw up a report in which the reasons are stated, the information from the authorities to implement the measure and persons who must comply with, and the type of tax service and state description that is the well-used; this document should be sent to the Office within two days following the execution of the measure.
PARÁGRAFO. No hard labor may be imposed in accordance with the provisions of international conventions
c) Establish, through legislative decrees, restrictions on radio and television to disseminate information that could cause a serious and imminent danger to the lives of people, or influence directly in the disturbance of public order, conduct that will be sanctioned by serious social irresponsibility, with the measures provided in the respective decree.
The Government may use the television or radio frequencies, when deemed necessary.
The Government may temporarily suspend radio services of public or private networks.
No it may prohibit organizations or individuals disseminating information on violation of human rights.
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All these determinations will be subject to scrutiny by the Constitutional Court.
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PARÁGRAFO. Under no circumstances may these measures, establish censors previous meetings.
Without prejudice to the powers granted in this Act, during the State of Emergency, the legally recognized guilds will constitute journalistic self-regulation courts, to exercise the right of information;
D) Subject to prior permission or restrict meetings and demonstrations, which may contribute, in grave and imminent, to disturbance of public order, and to dissolve those that disturb;
E) Provide order from a competent judicial authority, interception or recording of communications for the sole purpose of seeking legal evidence or prevent the commission of crimes.
When there are insurmountable circumstances of urgency and necessary to protect a fundamental right in grave and imminent danger, the previously written judicial authorization may be communicated verbally.
The relevant judicial authority shall record in a special book, which for these purposes shall bear the appropriate verbal or written order, indicating the time, place, and the reason, the names of the people affected by the order and authority requesting it;
F) Provide order from a competent judicial authority, the preventive detention of persons from whom evidence is taken on their participation or plans to participate in the commission of crimes related to the causes of disturbance of public order.
When there are insurmountable circumstances of urgency and necessary to protect a fundamental right in grave and imminent danger, the previously written judicial authorization may be communicated verbally.
When the circumstances mentioned in the preceding paragraph are presented and it is impossible to require judicial authorization, may act without an order from judicial officer. The arrested preventively shall be made available to a tax as soon as possible and in any event within twenty-four hours, so that it take a decision thereon within a period of thirty-six hours. In this case, the Attorney must be informed of the fact and the reasons for such action, for their competence.
In the respective decree a system to identify the location, date and time when a person is apprehended and the reasons for the arrest will be established.
The relevant judicial authority shall record in a special book, which for these purposes shall bear the appropriate written order, indicating the time, place and reason, the names of the people affected by the order and the authority requested ;
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G) No person may restrict the right to strike in non-essential public services;
During the Internal Commotion will force the conventions of the International Labour Organization on freedom of association and ratified by Colombia;
H) limit or ration the use of services or consumption of necessities. Applying this literal means to what is established by the literal i) of this Article;
I) Provide the necessary orders to ensure market supply and operation of services and production centers;

J) subject to special conditions or deny the exercise of certain civil rights to foreigners in accordance with Article 100 of the Constitution.
Aliens must perform the hearings to be ordered, satisfy the regulations issued on renewal or residence permits control and observe the other formalities to be established. Those who contravene the rules issued, or contribute to disturbing public order, may be expelled from Colombia. Expulsion measures must be motivated. In any case the right to defense is guaranteed.
In any case, foreign residents in Colombia may be held liable or obliged to respond with their heritage, for the acts of his Government.
Stateless persons and refugees for which expulsion is not possible, be subject to the same regime that Colombians;
K) The President may suspend the mayor or governor, and this in turn may suspend mayors of his department, where they contribute to the disruption of order, or hamper the action of the security forces, or fail orders issued about his superior, and temporarily designate any civil authority, according to the procedures and grounds established;
L) Impose tax or payroll contributions for a single tax, or for the duration of the shock effect, collect taxes or taxes not included in the budget of revenues and expenses charged to the Treasury are not included in the expenditure.
PARÁGRAFO. Income earned from royalties by producers departments of nonrenewable natural resources, as well as sea and river ports referred to in Articles 360 and 361 of the Constitution, may not be affected by more than ten percent (10%) . The affected resources shall be used for security investments within the same territorial entity. The limitation specified in this paragraph shall not be taken into account in case of foreign war;
Ll) Modify the budget, which it must report to Congress within five days for it to repeal or amend provisions under its jurisdiction;
M) to suspend the validity of the laissez-passer issued by the military authorities to carry weapons and armored vehicles in certain areas;
N) Provide order from a competent judicial authority, inspections or house searches for the sole purpose of seeking legal evidence or prevent the commission of crimes.
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inspection certificate or registration, which shall include the identity of people attending and the circumstances in which attend rise. The minutes shall be signed by the authority performing the recognition and the dweller. If family and neighbors do not know or unwilling to sign, shall be recorded in the minutes.
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When there are insurmountable circumstances of urgency and necessary to ensure a fundamental right in grave and imminent danger, the previously written judicial authorization may be communicated verbally.
If the circumstances mentioned in the preceding paragraph are presented and it is impossible to require judicial authorization, may act without an order from judicial officer, but he must be informed immediately, and in any case no later than 24 hours, causes that prompted the inspection or search and results with reference copy of the minutes raised. The relevant information should be sent simultaneously to the Attorney General's Office to matters within its competence, indicating the reasons for such action.
The relevant judicial authority shall record in a special book, which for these purposes shall bear the appropriate written order, indicating the time, place, and why the names of the people affected by the order and the authority requested .
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PARAGRAPH 1.
. The powers conferred in this article do not imply impairment of those available to the authorities in peacetime. PARAGRAPH 2.
. The powers referred to in paragraphs a, b, c, d, g, h, i, j, k, l, ll, can only be attributed to the President, Ministers, Governors or Mayors. PARAGRAPH 3.
. The authorities to make use of the powers mentioned in subparagraphs e, f, n, without the conditions and circumstances exist for therein, shall be civilly and criminally liable.


ARTICLE 39. REPORTS TO CONGRESS. If within the declaration of the State of Internal Commotion three days, Congress is not in session, it will do so in its own right and the government will immediately render a report on the reasons that led to the declaration. You must also submit a report as necessary to extend the State of Emergency.
Each of the chambers have a maximum period of 15 days to rule on the reports referred to in this article.
While under internal disturbance, the government will send every thirty days a report on the developments, measures, evaluation, as well as ongoing investigations into possible abuses in the use of the powers.
When appropriate, the Commissions on Human Rights and Hearings, submitted to the respective House the recommendations they deem appropriate and necessary.
ARTICLE 40.
SENATE favorable opinion. If after 180 days, still continues circumstances that led to the declaration of the State of Emergency, the President may extend it again for 90 days, provided it has obtained a favorable opinion of the Senate.
To this end, the President shall request the Senate, with no less than 15 days prior to the expiration of the first extension, which renders its concept and the Senate must act before the expiration of the term.
ARTICLE 41.
extension of the validity. Legislative decrees issued by the Government during the State of Emergency, longer in effect as soon as they declare restored public order, but its validity may be extended up to 90 days more.

ARTICLE 42. PROHIBITION OF MILITARY COURTS. judicial functions of executive civil authorities. During the State of Emergency civilians they can not be investigated or tried by Military Tribunals.
ARTICLE 43. Declared
INEXEQUIBLE.
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ARTICLE 44.
PUNITIVE POWER. During the State of Emergency, by legislative decree, may criminalize behavior, increase and reduce penalties and amend the provisions of criminal procedure and police and filing authorize the change process.
In any case a legislative decree issued on the occasion of the State of Internal Commotion, may amend criminal procedures to suppress the intervention of the Public Ministry in the corresponding actions.
The measures referred to in the first paragraph may only be issued provided that:
a) in the case of offenses that directly related to the causes of the declaration of State of Emergency or intended to prevent the spread of its effects ;
B) respect the provisions regarding prosecutions by international treaties ratified by Colombia;
C) the rights enshrined in Article 29 of the Constitution, as well as the validity of Article 228 of the Charter are guaranteed;
D) According to the Constitution, they are not deleted or modified organisms or the basic functions of indictment and trial.
The government may not criminalize legitimate acts of social protest.
Lifted the State of Internal Commotion processes initiated will be transferred to the ordinary judicial authority competent to continue the proceedings in accordance with the ordinary criminal procedure and penalties may not exceed the maximum ordinary.

ARTICLE 45. GUARANTEE TERRITORIAL AUTONOMY OF SUPREME. To ensure the rights belonging to local authorities, in the case of resources or revenue, which they belong, may not, during the Internal Commotion, affected in any way, except as provided by constitutional norms. This does not preclude, however, that special controls may be established, in the administration of the resources of local authorities.
CHAPTER IV.
STATE OF EMERGENCY ECONOMIC, SOCIAL AND ECOLOGICAL

ARTICLE 46. DECLARATION OF EMERGENCY STATE ECONOMIC, SOCIAL AND ECOLOGICAL. When you come upon facts other than those provided for in Articles 212 and 213 of the Constitution, which disrupt or threaten to disrupt in serious and imminent economic, social and ecological country, or constitute serious public calamity, the President may, with the signature of all the Ministers, declare a State of Emergency Economic, Social and Ecological.

In the declaratory decree the Government shall establish the duration of the state of emergency, which may not exceed thirty days and convene the Congress, if not in session for 10 days following the expiration of that State.
In accordance with the Constitution, in any case, States of Emergency combined may exceed ninety days in the calendar year.
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