Pablo de León
02/23/2020 - 18:38
- Clarín.com
- Politics
In the midst of the dispute between the national government and the highest-ranking judicial officials over the changes in privilege retirement, there is an initiative that Alberto Ángel Fernández's administration does not stop and that it is about the judicial reform on the actions of federal judges and prosecutors.
This move, which fundamentally points against the power and status quo of Comodoro Py - as the group of judges and prosecutors who command in federal courts and are responsible for the causes of corruption is called - is moving forward, because the President's intention was that was treated in Congress during the current extraordinary sessions, a term that appears as difficult to reach.
What is the reform about? As Clarín had already anticipated in December, the Government intends to boost the accusatory system, this is to speed up the implementation of the criminal procedure system. More judges would be added to liquify the power of the current ones and all the power of the instruction would be passed to the prosecutors. The magistrates would remain as judges of Guarantees.
Giving prosecutors more power also means putting in place a plan that allocates more resources and moves employees or endowments, which could lead to complications.
In the case of the judges, the process is simpler: with a law, the denomination is changed to the magistrates and the lot of federal judges can be added to those of the economic criminal jurisdiction and / or those of instruction: thus, there would be more Judges like the current 12 Commodore Py with the same Criminal Procedure Code. The judges of the criminal and correctional jurisdiction would also be added now.
But here the gap appears in the Government: why increase the number of judges so much if the weight of the investigation of the cases remains in the hands of the prosecutors? The first reason is to liquify the magistrates of Comodoro Py, 12 federal judges. But that idea could generate a new judicial caste with more members. Some, in Casa Rosada, speak of up to 80 federal judges in practice - if they add up to those of the ordinary Justice - after the reform.
On this issue, Alberto Fernández himself works with zeal and silent prudence with the Minister of Justice, Marcela Losardo; the Secretary of Strategic Affairs, Gustavo Béliz, (true brain of judicial reforms and intelligence services and even the "1,000 days" project to complement that of legal abortion) and Legal and Technical Secretary, Vilma Ibarra, who He also takes careful care of everything the President signs.
In that team, there are still differences in criteria . But obviously, who will bless the final version will be the head of state.
All these changes are closely followed by the highest court: the Supreme Court of Justice of the Nation silently follows the parliamentary treatment that comes about privilege retirements (which reaches judges, chambermaids and prosecutors but not them) and also, which would imply a change in the cast of federal judges, as many of those cases could end up being raised for the Court's consideration.
That Court that today maintains five members has in its immediate future, placidity and calm. In Alberto's government nobody talks about enlargement. One more sample of the "Nestorism" of Fernández, who ruled for quite some time with a supreme court composed of five people, after the dismissal of the Court of the "automatic majority" menemist, who commanded the late Julio Nazareno.