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El pasado 24 de julio el Poder Ejecutivo promulgó la ley Nº 5243/2014 sancionada por el Congreso Nacional que “Declara bien cultural y parte del patrimonio de la nación el inmueble denominado Palacio de López”. Dicha ley es inconstitucional, una ofensa a nuestro héroe el Mariscal Francisco Solano López y a la historia de nuestra nación, pero es también un acto gubernamental que legitima y legaliza el monstruoso decreto dictado en 1869 por el gobierno provisorio legionario, convertido en ley en 1871, que declaraba que el “desnaturalizado paraguayo Francisco Solano López queda fuera de la ley y, para siempre, arrojado del suelo paraguayo, como asesino de su patria y enemigo del género humano”.

En otro de sus artículos dicha ley ordenaba el embargo de todos los bienes del Mariscal cuando la Constitución del ´70 ya había prohibido la confiscación de bienes. Sin embargo dicha ley fue derogada por Decreto Ley del 1º de marzo de 1936, dictado por el Presidente Rafael Franco que declaraba al Mariscal López Héroe Nacional sin ejemplar.

Al derogarse la ley de 1871 el Mariscal López recuperaba todos sus bienes que le fueron confiscados. Por lo tanto, el Palacio de López es de propiedad del Mariscal López, y ninguna “Declaración” del Congreso le puede despojar de su propiedad. La Constitución Nacional dispone sólo dos mecanismos para el despojo de la propiedad, una ley de expropiación o una sentencia judicial.

Ninguna de esas vías ha utilizado el Congreso y el Poder ejecutivo. El terreno de dos hectáreas asiento del Palacio, ha recibido Francisco Solano López por testamento de su padrino de bautismo Don Lázaro Rojas en 1843 que obra en el Archivo Nacional. En 1868, López testa todos sus bienes a su compañera Elisa Alicia Lynch, ante el presentimiento de que no saldría con vida de la guerra.

La “Declaración” no es una expropiación, por lo tanto, el Congreso y el Poder Ejecutivo pretenden apropiarse en forma ilegal de una propiedad ajena, pero además de su inconstitucionalidad, lo que ofende es la falta de respeto al Mariscal y a la historia de nuestra nación, al pretender legalizar el monstruoso decreto del gobierno provisional legionario de 1869.

Nunca es tarde para enmendar un grave error y una injusticia atroz. El Presidente Horacio Cartes o el Presidente del Congreso Nacional deben invitar a los descendientes, bisnietos y tatara nietos del Mariscal López, pidiéndoles disculpas por el error y solicitándoles su consentimiento para dictar una ley de expropiación, ante el cual dichos descendientes deberán, a la vez de manifestar su consentimiento, renunciar a toda indemnización, lo que ya han manifestado. Antes se debe derogar la ley promulgada.


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