The Constitutional Court has unanimously rejected this Monday the appeal for protection presented by José Antonio Viera, former Employment Minister of the Junta de Andalucía, against the ruling of the Seville Court (later confirmed by the Supreme Court) that convicted him in 2019. to seven years in prison for ERE fraud. Viera was convicted of a crime of embezzlement in medial competition with another of prevarication. Other defendants in this same case were convicted only of malfeasance, a type of criminal offense that carries a penalty of disqualification but not prison. In this situation is the former Minister of Economy Magdalena Álvarez, who will be protected by the Constitutional Court, in accordance with the draft sentence that tomorrow, Tuesday, will begin to be debated by the full court.
Since its presentation, Viera’s appeal had little chance of succeeding, according to sources from the guarantee body. The ruling announced today does not go into the substance of the matter, the analysis of the trial or the 2019 sentence, but rather points to a formal defect from the start. “The claim raises a violation of fundamental rights but the complaint is expressed in generic terms, without being accompanied by any explanation or argumentative development,” the resolution states. And he emphasizes that this is “an insurmountable defect”, because “it is the duty of the appellant to provide the court with the legal and factual basis that supports his claim.”
The speaker of the ruling is the vice president of the Constitutional Court, Inmaculada Montalbán, from the progressive sector, in charge of all appeals for protection against the convictions in the ERE case. Twelve of the 15 convicts presented challenges. The court this Monday anticipated the ruling regarding Viera, and at its plenary session this week it plans to resolve the aforementioned challenge by Magdalena Álvarez.
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