The request has been submitted to Plaza 5 of the Court of First Instance (Contentious-Administrative section) and seeks the provisional execution of a Supreme Court ruling that annulled his dismissal in 2019. This dismissal occurred after a negative report on the implementation of self-protection plans during the Carnival parade in the capital.
The lawyer representing the chief commissioner formalized this petition after learning of the resignation of the former head of the Local Police, who had held the position since the chief commissioner's removal in 2019.
“"The Local Police Headquarters cannot remain vacant; and, in the case at hand, there are already two judicial rulings determining that the dismissal is contrary to law and that the affected party must be reinstated in his position, with all inherent professional and economic effects, as no other person can be appointed by virtue of the sentences issued in both first and second instance in the main procedure."
This is not the first time the chief commissioner has sought reinstatement. Following the Supreme Court's ruling in December 2024, which declared his dismissal illegal, he had already requested the court for his reincorporation. However, a court order in April 2025 rejected this claim, arguing that his reinstatement would cause prejudice to the then head of the Local Police, by depriving her of her position due to a ruling that was not yet final.
The current resignation of the head of the Local Police changes the scenario, as the chief commissioner's reinstatement would no longer cause harm to third parties, the Administration, or the service. This move comes at a time of great uncertainty within the Local Police headquarters, with the hierarchical structure affected by two judicial proceedings: the annulled dismissal of the chief commissioner and another concerning the appointment of three other commissioners.
The document submitted by the chief commissioner's defense also warns that, to ensure the effectiveness of a possible reinstatement, the judicial body could impose coercive fines on responsible authorities and even demand criminal liability if necessary.
