Citizen Power in Venezuela: Roles and Responsibilities
Citizen Power in Venezuela
Citizen Exercising Power (Article 273 CRBV)
Citizen Power is exercised by the Republican Moral Council, composed of the Ombudsman, the Public Prosecutor General, and the Comptroller General of the Republic. The organs of Citizen Power are the Ombudsman’s Office, the Public Ministry, and the Comptroller General of the Republic. One of their heads is designated by the Republican Moral Council as its Chairman for a one-year term, with the possibility of re-election.
Citizen Power is independent, and its organs enjoy functional, financial, and administrative autonomy. To this effect, a variable annual budget will be allocated within the general government budget. Its organization and operation are established by law.
Duties of the Attorney General, Ombudsman, and Comptroller General
Powers of the Prosecutor General of the Republic
- Ensure respect for constitutional rights and guarantees in judicial proceedings, as well as treaties, international conventions, and agreements signed by the Republic.
- Ensure the speedy administration of justice, trial, and due process.
- Order and direct the criminal investigation of punishable acts to establish their commission with all the circumstances that may affect the grading and responsibility of the authors and other participants, as well as ensuring active objects and liabilities related to the offense.
- Exercise criminal prosecution on behalf of the State in cases where a request is not necessary to initiate it, except as otherwise provided by law.
Duties of the Advocate or Ombudsman
- Ensure full respect and guarantee of human rights enshrined in the Constitution and treaties, international conventions, and agreements on human rights ratified by the Republic, investigating *ex officio* or upon request the complaints brought to their attention.
- Oversee the proper functioning of public services, supporting and protecting the legitimate rights and interests, collective or diffuse, of individuals against arbitrary acts, abuses of power, and errors committed in providing them, filing appropriate actions to compel the State to compensate individuals for damages caused by the operation of public services.
- File actions of unconstitutionality, *amparo*, *habeas corpus*, *habeas data*, and other actions or resources necessary to perform the duties outlined in the preceding paragraphs, whenever appropriate in accordance with the law.
- Urge the Prosecutor or the Attorney General’s Office to bring such actions or remedies as may be applicable against public officials responsible for the violation or impairment of human rights.
Powers of the Comptroller General of the Republic
- Exercise control, monitoring, and oversight of revenues, expenditures, and public goods, and the transactions related thereto, without prejudice to the powers assigned to other bodies in the case of States and Municipalities, in accordance with the law.
- Control public debt, without prejudice to the powers assigned to other bodies in the case of States and Municipalities, in accordance with the law.
- Inspect and control bodies, entities, and public sector legal persons under its control, conduct inspections, arrange the opening of investigations into irregularities against public property, and dictate, impose repairs, and apply administrative sanctions as appropriate in accordance with the law.
- Urge the Prosecutor or the Public Prosecutor to exercise the legal actions that may be due by reason of offenses and crimes committed against public property and of which they are aware in the exercise of their powers.