After the advance K in the Senate, the Government and the Court were increasingly close to a conflict of powers

Daniel Santoro

09/04/2020 - 19:08

• Clarín.com

• Politics

The Government and the Court

due to the decision this Friday of the majority of the Kirchner senators to remove from their positions the chambermaids Pablo Bruglia and Leonardo Bertuzzi, who ratified the prosecution of Cristina Kirchner in the case of the Cuadernos de las Bribes and the judge of the Federal Oral Court 7, and the judge of the federal oral court 7, German Castelli, who should judge the vice president in the oral trial for that case.

And both powers know that this type of arm wrestling defines "the true judicial reform" of which Vice President Cristina Kirchner spoke.

The Court this week did not accept the

(skipping instances) of Bruglia and Bertuzzi, among other reasons, because Senators K had not yet signed their rejection of a new statement after reviewing their transfers, in

in judicial history Argentina.

This Friday the Agreement Committee

and next Friday, the K majority, would take the last step to annul their transfer and that they return to their courts of origin.

For their part, on Tuesday the ministers of the Court will return to analyze the per saltum and on Thursday they could make a decision or wait more.

On Friday the 11th there would be, then, the fait accompli that the judges of the Federal Administrative Court claimed to accept a precautionary measure.

The ministers of the Court have

between the messages of the Government, the opposition and their own troops and the antecedent of their agreed 4 and 7 of 2018 in which they endorsed the transfer of judges within the same hierarchy and the same jurisdiction.

Even judicial sources came out yesterday to remember that

together with the president of the Court, Carlos Rosenkrantz.

Nobody wants a conflict of powers, but yesterday Senators K

to, in addition to ordering their transfer to their original positions, to

against Bruglia, Bertuzzi and Castelli for not having attended the session in which they were going to be "barbecued "for the ruling party.

The paradox is that the first transfer of Bruglia from an oral court in La Plata to one in the Capital

.

In judicial sources it was stated that the Court has

to define itself in this storm.

One is the

and the other is the

to order the three judges to return to their original positions.

Although

to annul a transfer because it is

─ there is to appoint a judge, in these sources it was explained that after the plenary of the Senate confirms the revocation of these transfers, President Alberto Fernández

and communicate his decision to the Council of the Magistracy.

But, as the judges depend on the Court,

for them to return to those places and the highest court will not sign it if "before it was not resolved" the substantive issue.

The conflict of powers

also

, who in 2018 asked the Council of the Magistracy to go from the Buenos Aires Federal Chamber to a federal oral court in San Martín, after the criticism he received for having ordered the release of the businessmen K Cristóbal López and Fabián De Sousa in the case for the Oil fraud against the AFIP for more than 8 billion pesos.

Farah, as he did in 2018, must ask the Magistracy to return to that strategic chamber.

But it will also need the vote of 

of the 13 members of that body, explained the deputy of Together for Change Pablo Tonelli, according to the new regulations.

It will be

you to get the two third parties in this context and you will also need a final administrative act from the Court.

In the Court they know that the judicial times

but not the politicians to make a decision.

It happens that the Federal Administrative Litigation Chamber

yesterday

the injunction of Bruglia and Bertuzzi to order the Senate to stop the process and now must decide on the amparo, that is, if the review of the transfers is constitutional.

If the chamber decides before the Court, the per saltum

disappear and

Judges Bruglia and Bertuzzi (right) when they were part of an oral court.

All these procedures will be after Friday the 11th when the K want to finish sealing the fate of these three judges.

The seriousness of the conflict of powers that is being prepared is also seen in the attitude of the judge of that jurisdiction, María Biotti, who granted a precautionary measure to the chambermaids and after being threatened with a political trial, refused to give them a definitive precautionary statement.

In the meantime, Senator K Mario Pais

in which the Senate "emphatically" rejects what was resolved on August 13 by Judge Biotti "for being a flagrant violation of the republican system of government and of its constitutional powers. Body".

He

who denounced this and other maneuvers before Judge Sebastián Casanello.

During the debates, Senator K Oscar Parrilli stated that US Ambassador Edward Prado would have unusually participated in Mauricio Macri's "judicial table" to "persecute opponents."

In this ideological wave, then the former AFI director asked federal judge Federico Villena, whose transfer from the Moreno court (which does not yet exist) to the Lomas de Zamora court,

, the same question that Chavismo asked judges that he ended up throwing in Venezuela.

In addition, of the internship between the president of the Court Carlos Rosenkrantz and his predecessor Ricardo Lorenzetti,

that will be analyzed before entering into this conflict of powers.

In the courthouse they estimate that the fight will not be quick to resolve, but

.

The problem is that the Ks continue to advance at full speed on the interim attorney Eduardo Casal, the other judge of the Federal Chamber, Martín Irurzun and the tension is increasing in Comodoro Py, where they still trust that the Court will come out in their support.

In the meantime, "Kirchnerism managed to make the judges feel that they are in commission (as transitory) and if the Court does not give a quick signal, it

", Deputy Tonelli finished.

The ball continues to spin and now it was on the side of the Court.