The plenary session of Electoral Tribunal of the Federal Judicial Branch (TEPJF) ratified the sanction for 25 public servants headed by the former Secretary of Welfare, María Luisa Albores González, and the former coordinator of Development Programs, Gabriel García Hernández, for violating the law by deploying the so-called “servants of the nation” with personalized and improper promotion of President Andrés Manuel López Obrador, which favored Morena’s candidates in the 2019 elections.
When presenting a draft resolution to the plenary on Tuesday, which was unanimously approved, Judge Janine Otálora Malassis said that it was ratified that the lifting of the so-called “Well-being Census” in 2019, and in the implementation of public programs by the federal government, violates the provisions of article 134 of the constitution regarding personalized promotion and improper use of public resources.
“The dissemination of government propaganda that contains elements of personalized promotion in favor of the head of the Federal Executive Branch related to the delivery of social programs, as well as the violation of the principle of impartiality due to the improper use of public resources attributed to various public servants assigned to the Ministry of Welfare ”, he detailed.
At the origin of this matter, the Party of the Democratic Revolution (PRD) denounced the so-called “servants of the nation” and other officials of the Ministry of Welfare, considering that they violated the principle of impartiality by handing over the bank cards to the beneficiaries of the “Census for well-being” during the transition period and the beginning of the mandate of the President of Mexico. The above, since the civil servants wore a vest with the name of the Federal Executive, and they told the registered citizens that President López Obrador had personally issued the instructions to grant the support.
However, the Superior Chamber of the TEPJF determined that despite benefiting from the improper positioning of its image, there was no proof that the head of the Federal Executive had orchestrated the massive promotion strategy.
And when resolving the merits of the controversy, it assigned responsibilities for it to 25 public servants, among them María Luisa Albores González; Gabriel García Hernández; Aldo Emmanuel Ruíz Sánchez, Rodrigo Abdala Dartigues and Jennifer Kristel Parra Salas.
The Court made it clear that the federal Constitution prohibits the use of government propaganda and public resources for private benefits, such as promoting the image of an official, since this conduct generates an undue advantage for the promoted subject.
That public resources must be applied impartially and for the benefit of society, not to influence electoral competition or to publicize any official, and that the prohibition applies to the Powers of the Union, autonomous bodies, agencies, entities of the public administration and any other entity of the three levels of government.
He mentioned that the sanctioned persons breached the prohibition because they disseminated government propaganda promoting the President of the Republic, and the way in which the social programs were delivered —with stamped clothing and dedication of Andrés Manuel López Obrador—, and their dissemination on social networks, had an impact on the entire electorate, regardless of whether or not there was an ongoing electoral process.
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