Ignacio Miri
04/20/2021 10:46 PM
Clarín.com
Politics
Updated 04/20/2021 10:46 PM
After advancing for a year under the microscope of epidemiologists, the pandemic
is on the way to being trapped
in Argentina in the terms of discussion that
lawyers are
passionate about
: the debate over the jurisdictions, competences, jurisdictions, compliances and rebellions buried in recent days the
medical terminology
that gained brilliance throughout 2020.
This second wave of the coronavirus
will be administered by the courts
because the national government decided to
break the conversation with the City of Buenos Aires
to address as urgently as possible Governor Axel Kicillof's request to reduce
the circulation of people
.
In the Buenos Aires suburbs, after the decades that the State has been withdrawing from the areas most affected by poverty, the only way to do that efficiently is to
close the schools
.
At the same time, the only known way that this unpleasant decision reduces its political cost is that the closure also includes the schools of the City of Buenos Aires.
That presidential decision not discussed with the opposition generated a direct consequence in the landscape of Together for Change: Horacio Rodríguez Larreta was left
without tools to defend his centrist position
against those who, in his own space, punished him for trying to maintain channels of dialogue with the Casa Rosada.
The head of government decided to
resist the paragraphs of the
presidential
decree
that forced him to close the schools and at that time the dispute was irretrievably
in the hands of the judges
.
What was seen this week is that Alberto Fernández and Rodríguez Larreta are
also unable to agree on which judges
should tie the tie.
As the hecatomb of Justice in Argentina made the determination of the board on which the game is played more important than the performance and arguments of the players, each side opted for a different scenario.
The City
presented its complaint against the DNU in the Supreme Court
and then complied with
a ruling imposed by a Buenos Aires Chamber
, while the Nation chose to consider the Buenos Aires State as a subprovincial entity and litigate in the federal courts in order to delay the arrival of the fight to the Court, where he expects
an unfavorable reception
.
The Court gave the Nation five days to present its arguments, but now that term
could be stretched a little more
, since the decision of Judge Esteban Furnari to turn the complaint of the Treasury Attorney, Carlos Zannini, to the highest court introduces a novelty in the file, which must be
notified to the parties and also to the Attorney General
of the Nation.
How will that fight continue?
In principle, Rodríguez Larreta decided to
keep the Buenos Aires schools open
until the Supreme Court pronounces.
To put it another way, he chose to obey the Buenos Aires ruling and not the federal judge's order.
That opens a new path through the courts for the head of government, who must travel
accompanied by the evolution of the numbers of the pandemic
: if the infections do not escalate, he will be able to say that the data he showed to justify his decision to open schools were successful.
If the growth of cases
accelerates its rate
, it will have no way to stop the accusations that will come from the Government and from other sectors.
There, perhaps, the moment will come when lawyers, as epidemiologists have already done,
will give way to the next profession.
who has to understand in the management of the pandemic.
Predicting which guild will get the next shift is even more difficult than knowing a day in advance whether to send the kids to school or not.